There is no single statutory minimum hours for permanent part-time employees under the National Employment Standards (NES) or the Fair Work Act 2009. Minimum hours are set by the applicable Modern Award, the employment contract, or both. Most Modern Awards specify a minimum engagement period of 2 to 4 hours per shift. As an employer, you must guarantee the regular hours stated in the written employment contract and provide NES entitlements on a pro-rata basis.

What Is the Minimum Hours for Permanent Part-Time in Australia?

The NES does not prescribe a minimum number of hours for part-time employees. What it requires is a written employment contract specifying regular hours, days of work, and start and finish times. The actual minimum hours are determined by the applicable Modern Award.

For example, the Clerks Private Sector Award requires a minimum engagement of 3 hours per shift. The General Retail Industry Award also sets a 3-hour minimum. The Restaurant Industry Award sets 2 hours. If no Modern Award applies, the contract alone governs minimum hours, but you should still specify a reasonable minimum to comply with Fair Work Ombudsman guidance on part-time employment.

Are There Minimum Hours for Permanent Part-Time?

Yes, but the source depends on the employment instrument:

• Modern Award applies: The award’s minimum engagement clause sets the floor, typically 2 to 4 hours per shift. You cannot roster a part-time employee for less than this minimum.
• Enterprise Agreement applies: May set its own minimum engagement, which cannot be less favourable than the underlying award.
• Award-free: The employment contract sets the minimum hours. Failing to specify guaranteed hours creates significant legal risk.

Part-time employees have guaranteed hours. You cannot send them home early without pay because work is quiet. If you roster a part-time employee for a 4-hour shift and they finish in 2 hours, you must still pay for the full 4 hours (or the minimum engagement, whichever is greater).

How Many Hours Can Permanent Part-Time Work?

There is no statutory maximum for part-time hours, but the NES limits ordinary hours to 38 per week for full-time employees. Part-time employees work fewer than 38 ordinary hours, set by the contract and Modern Award.

Under NES section 62, you can request reasonable additional hours. What counts as reasonable depends on the employee’s regular hours, health and safety, personal circumstances, notice given, and workplace needs. Additional hours up to 38 per week are paid at the ordinary rate, after which overtime rates may apply.

If you regularly roster a part-time employee for close to 38 hours, consider whether they are effectively full-time. Review your HR best practice policies to ensure classifications match actual work patterns.

Minimum Hours for Permanent Part-Time Employees: Modern Award Rules

Always check the specific Modern Award for your industry. Minimum engagement clauses are in the scheduling section, not the pay rates section. Verify your obligations through our Modern Award compliance resources.

Part-Time vs Casual: Minimum Engagement Differences

Part-time employees have guaranteed hours in their contract and accrue paid leave on a pro-rata basis. Casuals have no guaranteed hours and receive a loading in lieu of leave. However, most awards still set a minimum engagement for casuals, often the same as part-time.

The key difference: a part-time employee sent home early must still be paid for their full shift or the minimum engagement, whichever is greater. A casual can be sent home after the minimum engagement is met. For more, see our guide on casual vs part-time employment.

Changing Part-Time Hours: What Employers Can and Cannot Do

A part-time employee’s hours are set by their employment contract. You cannot unilaterally change them without agreement:

1. Reducing hours: Requires written agreement. Forcing a reduction without consent can trigger a general protections claim or breach of contract action.
2. Increasing hours: You can offer additional hours under the NES reasonable additional hours framework, but the employee can refuse if unreasonable.
3. Contract variation: Document any change in writing. Some awards require a formal variation process with specific notice periods.

Getting hours wrong is a common Fair Work Ombudsman finding. Ensure your employment documents accurately reflect actual working arrangements.

NES Entitlements for Part-Time Employees

Part-time employees receive all NES entitlements on a pro-rata basis: 4 weeks annual leave, 10 days personal leave, paid public holidays, notice of termination (1 to 4 weeks), and redundancy pay. The minimum employment period for unfair dismissal protection applies equally: 12 months for small businesses (fewer than 15 employees) and 6 months for larger employers.

The high income threshold of $190,100 (from 1 July 2026) applies equally to part-time employees. The maximum unfair dismissal compensation is $95,050, which is half the high income threshold.