WORKPLACE RELATIONS ACT 1996 - SECT 183 An employee's guaranteed hours for the purpose of section 182
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 183
An employee's guaranteed hours for the purpose of section 182Employees employed to work a specified number of hours
(1) For the purposes of section 182, if an employee is employed to work a specified number of hours per week, the guaranteed hours for the employee, for each week, are to be worked out as follows:
(a) start with that specified number of hours (subject to subsection (4));
(b) deduct all of the following:
(i) any hours in the week when the employee is absent from work on deductible authorised leave (as defined in subsection (6));
(ii) any hours in the week in relation to which the employer is prohibited by section 507 from making a payment to the employee;
(iii) any other hours of unauthorised absence from work by the employee in the week;
(iv) any hours in the week when the employee is stood down (but only if the stand down is an authorised stand down);
(c) if, during the week, the employee works, and is required or requested to work, additional hours that are, under the terms and conditions of the employee's employment, not counted towards the specified number of hours--add on those additional hours.
Note: The actual hours worked from week to week by an employee who is employed to work a specified number of hours per week may vary, due to averaging as mentioned in section 226 or to some other kind of flexible working hours scheme that applies to the employee's employment.
(2) If an employee is employed on a full‑time basis, but the terms and conditions of the employee's employment do not determine the number of hours in a period that is to constitute employment on a full‑time basis for the employee, the employee is, for the purpose of subsection (1), taken to be employed to work 38 hours per week.
(3) If an employee is employed to work a specified number (the number of non‑week specified hours ) of hours per period (the non‑week period ), but that period is not a week (for example, it is a fortnight), then, for the purpose of subsection (1), the employee is taken to be employed to work the number of hours per week determined, subject to the regulations (if any), in accordance with the formula:
(4) If:
(a) subsection (1) applies to the employment of an employee to whom a training arrangement applies; and
(b) an APCS includes provisions that determine, in relation to the employee's employment, that hours attending off‑the‑job training (including hours attending an educational institution) are hours for which a basic periodic rate of pay is payable; and
(c) the hours that would otherwise be the specified number of hours referred to in subsection (1) for the employee for a week do not include all the hours (the paid training hours ) in the week that the APCS so determines are hours for which a basic periodic rate of pay is payable;
subsection (1) applies as if the specified number of hours were increased to such number of hours as includes all the paid training hours.
Employees not employed to work a specified number of hours
(5) For the purpose of section 182, if subsection (1) of this section does not apply to the employment of an employee, the guaranteed hours for the employee are the hours that the employee both is required or requested to work, and does work, for the employer, less any period in relation to which the employer is prohibited by section 507 from making a payment to the employee.
Definitions
(6) In this section:
"deductible authorised leave" means leave, or an absence, whether paid or unpaid, that is authorised:
(a) by an employee's employer; or
(b) by or under a term or condition of an employee's employment; or
(c) by or under a law, or an instrument in force under a law, of the Commonwealth, a State or a Territory;
but not including any leave or absence:
(d) that is on a public holiday and that is so authorised because the day is a public holiday; or
(e) any leave or absence that is authorised in order for the employee to attend paid training hours (within the meaning of paragraph (4)(c)) of off‑the‑job training.
"hour" includes a part of an hour.
Note: An employee's guaranteed hours may therefore be a number of hours and part of an hour.
(a) a day declared by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of that State or Territory, as a public holiday by people who work in that State, Territory or region, other than:
(i) a union picnic day; or
(ii) a day, or kind of day, that is excluded by regulations made for the purposes of this paragraph from counting as a public holiday; or
(b) a day that, under (or in accordance with a procedure under) a law of a State or Territory, or an award or workplace agreement, is substituted for a day referred to in paragraph (a).