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Part-Time Work Convention, 1994 (No. 175) - Australia (Ratification: 2011)

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Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 11 of the Convention. Implementing measures. The Committee notes the information contained in the Government’s first report as well as the detailed comments of the Australian Council of Trade Unions (ACTU), which were received on 30 August 2013 and transmitted to the Government on 18 September 2013. The ACTU welcomes the recent ratification of the Convention by the Government, and explains that part-time work – a common form of work arrangement in the country – has increased significantly in recent decades from 14 per cent in 1990 to 29 per cent in 2010. The ACTU also explains that permanent part-time employees – in contrast to casual employees – receive pro rata pay and entitlements (for example, sick leave and annual leave) as those accorded to permanent full-time employees. However, the ACTU indicates that part-time workers are less likely than full-time workers to undertake training or education geared towards future jobs or promotion. The ACTU also indicates that, under the national compulsory superannuation scheme, employers are not required to pay superannuation contributions to employees who earn less than AUS$450 per month. The ACTU notes that this threshold excludes at least one fifth of part-time workers – mostly women – and considers that it should be removed. Moreover, the ACTU indicates that there is no legislated right to return to work on a part-time basis after parental leave. Employees can request a change in work arrangements, but one third of female workers do not return to their job following parental leave, to a large extent because employers are unable or unwilling to accommodate their new caring responsibilities. Furthermore, the Fair Work Act of 2009 excludes employees with less than 12 months of service from the right to request flexible working arrangements; does not provide for an obligation to employers to give genuine or serious consideration to a request; and prevents the Fair Work Commission or any other party from dealing with a dispute on the reasonableness of an employer’s refusal unless the employer and employee have so agreed. The ACTU adds that many workers are not aware of the right to request flexible working arrangements, including part-time work. Finally, the ACTU indicates that over half of all part-time workers are engaged on casual rather than permanent employment contracts, and therefore do not have access to many benefits of permanent employment contracts. The Committee requests the Government to submit any comments it may wish to make in response to the observations of the ACTU.