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INDUSTRIAL RELATIONS ACT 1996 - SECT 79
Application of industrial instruments
(1) Application generally Part-time work under this Part is to be in
accordance with the provisions of the industrial instrument applicable to the
work concerned, except where the provisions do not have effect or are modified
because of this section.
(2) Application pro rata To the extent that any such
provision of the industrial instrument is based on an employee engaged on a
full-time basis, the provision is to apply pro rata to part-time work under
this Part.
(3) Commission to make State decision on part-time work A Full
Bench of the Commission is required to make a State decision under Part 3
relating to part-time work by employees covered by industrial instruments and
to set, by that decision, minimum conditions of employment to which
part-time work agreements under this Part are to be subject. The minimum
conditions must include minimum and maximum hours of work and other relevant
conditions of employment.
(4) Inconsistent provisions Any of the following
provisions of an industrial instrument has, except to the extent that it is
identified as a minimum condition by any such State decision, no effect if it
would prevent an employee working part-time under this Part-- (a) a provision
limiting the number of employees who may work part-time,
(b) a provision
establishing quotas as to the ratio of part-time to full-time employees,
(c)
a provision prescribing a minimum or maximum number of hours a part-time
employee may work.
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