I understand how frustrating it must be to feel like your employment status is unfairly impacting your opportunities for advancement. It's definitely disheartening when you're denied a raise based on something that doesn't reflect your actual performance or value to the company. You deserve to be compensated fairly for your contributions, and it's important to understand your rights in this situation.

Let me look up the most relevant information for your situation. I understand you've been told you can't get a raise because you're part-time, and you're wondering if this is legal. Let me break down what the law says about part-time employment and pay.

Your rights as a part-time employee are protected

Part-time employees get the same minimum entitlements as a full-time employee, but on a pro-rata basis. This is a fundamental principle under Australian employment law. The fact that you work part-time doesn't diminish your basic workplace rights or protections.

Part-time status doesn't justify pay discrimination

The documents make it clear that part-time employees work less than 38 hours per week and their hours are usually regular each week, and they're usually employed on a permanent basis or on a fixed term contract. Your employment type relates to your hours of work, not your value as an employee or your eligibility for fair compensation.

What determines your pay

Your pay should be determined by factors like:

• Your award or enterprise agreement minimum rates
• Your experience and skills
• Your performance and contribution to the workplace
• Market rates for your role
• Your employer's pay review policies

The reality of your situation

Simply being part-time is not a valid legal reason to deny you a pay increase. If you're performing well, have gained experience, or your role has expanded, you should be considered for pay increases on the same basis as full-time employees doing similar work.

Your options moving forward

Since this appears to be more about workplace fairness than a severe legal breach, I'd encourage you to address this informally first. You could:

• Request a meeting with your manager to discuss your pay review
• Ask for specific reasons why part-time status affects pay increases
• Present evidence of your performance and contributions
• Request your employer's pay review policy in writing

Your legal position

You're a part-time employee entitled to the same basic workplace protections as full-time staff. While employers have discretion over pay increases above minimum rates, using part-time status alone as a reason to deny pay reviews could potentially constitute unfair treatment. Your employer should be able to explain their pay review process and how it applies fairly to all employees regardless of whether they work full-time or part-time hours.

The key issue here isn't about legal minimums being breached, but about fair treatment in the workplace. Your part-time status shouldn't automatically exclude you from pay progression opportunities.

Next Steps and Actions

1. Have a Direct Conversation with Your Manager:

• Action: Schedule a formal 1:1 meeting. Frame the conversation around understanding the criteria for pay increases.
• Talking Points:
  • "I'm committed to my role and want to understand how I can continue to grow here."
  • "Can you walk me through the requirements for a pay increase?"
  • "I am keen to understand how my part-time status influences these opportunities."
  • "I want to ensure my contributions are appropriately recognized."
• Documentation: Take notes during the meeting and send a follow-up email summarizing the discussion and agreed actions.

2. Benchmark Your Role:

• Action: Research the average salary range for your position (part-time and full-time) in your industry and location.
• Resources: Use websites like Glassdoor, Salary.com, or specialized industry surveys.
• Talking Points: (In a subsequent discussion) "Based on my research, the typical pay range for someone in my role with my experience is X to Y. I believe my current contributions align with the higher end of that range."

3. Document Your Achievements:

• Action: Create a list of your key accomplishments, quantify your impact (e.g., increased sales by X%, improved efficiency by Y%), and note any positive feedback you've received.
• Strategy: Keep this document updated regularly, not just when asking for a raise.
• Talking Points: "In the past year, I have achieved [specific accomplishments] which have resulted in [quantifiable benefits] for the company."

4. Review HR Policies and Relevant Agreements:

• Action: Request a copy of the company's pay review policy and any relevant enterprise agreements or awards.
• Focus: Look for sections on pay increases, performance evaluations, and equal opportunity.
• Legal Context: If the policy states that pay increases are based on performance and makes no mention of part-time status as a barrier, you have a stronger case.

5. Seek Mentorship (Internal or External):

• Action: Find a senior colleague or industry professional who can provide guidance on career development and negotiation strategies.
• Benefits: A mentor can offer insights into company culture, help you navigate workplace politics, and provide support during challenging conversations.

6. Build Relationships:

• Action: Strengthen relationships with your manager, colleagues, and other key stakeholders.
• Tactics:
  • Offer help on projects and tasks.
  • Attend company social events.
  • Seek feedback on your work and act on it.
• Impact: Being well-regarded and respected can increase your chances of being considered for promotions and raises.

7. Legal Options (If Necessary):

• Action: If you believe you are being discriminated against, consult with a legal professional specializing in employment law.
• Fair Work: Contact the Fair Work Ombudsman for advice on your rights and options.

Let me know if you need further help or clarification on any aspect of this.