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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have some questions in regards to full time employee

Customer Question

Hi, I have some questions in regards ***** ***** time employee rights and entitlements under WA state system (not national system). Would you be able to help me?
JA: Has anything been filed or reported?
Customer: Not yet but I phoned Wageline not long ago for some advice.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

What exactly would you like to know?

Customer: replied 1 year ago.
I've queries in regards ***** ***** following terms & conditions in my agreement/contact:
Employment is full time but may reduce in less busy times of the year.
Hourly rate of pay will be $xx.xx.
Office hours are 8am-4pm or by arrangement.
Salary will be subject to review in December of each year when your work performance and prevailing salary rates will be taken into account. It is my intention to maintain salary levels at least in line with market rates. Should market rates move significantly without my being aware of the situation, you are encouraged to bring the matter to my attention.
If public holidays fall when you are not working full hours, you will be paid in proportion to the number of days you work per week.
All entitlements and arrangements will be in accordance with the employment law unless mutually agreed.
As the months of August-October are the busiest months of the year in the practice, holidays may only be taken then in exceptional circumstances.My questions: 1. Employment is full time but may reduce in less busy times of the year.
Can my employer states "may reduce in less busy times" in the agreement when it's full time employment?
Expert:  Leon replied 1 year ago.

If you agree to the terms then it is legal.
You are not required to accept it.

Do you know if there is an award under which you are covered?

Customer: replied 1 year ago.
I am not sure which award. Clerical/Professional services/Accounting?
Position title: At the beginning, graduate accountant but the duties & responsibilities was clerical assistant. The second agreement, professional assistant - a position title that I'm unable to find the duties and responsibilities online.
Honestly, I am not even sure whether the position title match with what I've been doing in the office.
Customer: replied 1 year ago.
From my research - Full-time, part-time
A 38 hour week is the normal hours for a full-time employee under the majority of WA awards. A part time employee can work less hours per week.
A 38 hour week is the normal hours for a full-time employee who is award free. There is no minimum number of hours for award free part-time.
My understanding, full time employee works average 38 hours per week. Part time employee works less than 38 hours per week. In that case 37.5 hour week considered as full-time or part-time?
Expert:  Leon replied 1 year ago.

Good Morning.

Did you sign the agreement and can you give me a copy.

If you agreed to your hours being changed you may not be full time but part time but I need to see the actual agreement.

You can email it to***@******.***