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WORKPLACE RELATIONS ACT 1996 - SECT 229 Meaning of nominal hours worked

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 229

Meaning of nominal hours worked

Employees employed to work a specified number of hours

             (1)  For the purposes of this Division, if an employee is employed by an employer to work a specified number of hours per week, the number of nominal hours worked , by the employee for the employer during a week, is to be worked out as follows:

                     (a)  start with:

                              (i)  the specified number of hours; or

                             (ii)  if the specified number of hours is more than 38 hours--38 hours;

                     (b)  deduct all of the following:

                              (i)  the number of hours (if any) in the week when the employee is absent from his or her work for the employer on leave which does not count as service;

                             (ii)  the number of hours (if any) in the week (other than hours mentioned in subparagraph (i)) in relation to which the employer is prohibited by section 507 from making a payment to the employee.

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 week 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 over a period (the non‑week period ) that is not a week (for example, 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:

Employees not employed to work a specified number of hours

             (4)  For the purposes of this Division, if subsection (1) does not apply to the employment of an employee by an employer, the number of nominal hours worked , by the employee for the employer during a week, is the lesser of the following:

                     (a)  the number worked out as follows:

                              (i)  start with the number of hours (if any) in the week that the employee both works, and is required or requested to work, for the employer;

                             (ii)  add the number of hours (if any) in the week when the employee is absent from his or her work for the employer on leave that counts as service;

                            (iii)  deduct the number of hours (if any) in the week in relation to which the employer is prohibited by section 507 from making a payment to the employee;

                     (b)  the number of nominal hours the employee would be taken to have worked for the employer under subsection (1) during the week if the employee were employed to work 38 hours per week.

Certain types of leave not to count as service

          (4A)  For the purposes of subparagraphs (1)(b)(i) and (4)(a)(ii), a period of authorised unpaid leave or unauthorised leave does not count as service in relation to an employee except:

                     (a)  as expressly provided by:

                              (i)  a term or condition of the employee's employment; or

                             (ii)  a law, or an instrument in force under a law, of the Commonwealth, a State or a Territory; or

                     (b)  as prescribed by the regulations.

Note:          For whether leave guaranteed under this Part counts as service, see subsections 238(2) (annual leave), 260(2) (paid personal leave), 261(2) (unpaid carer's leave) and 316(2) (parental leave).

Definition

             (5)  In this section:

"hour" includes a part of an hour.

Note 1:       The regulations may prescribe a different definition of nominal hours worked for piece rate employees (see section 231).

Note 2:       An employee's hours of work may be varied (by number or time) in accordance with a workplace agreement, award or contract of employment that binds the employee and his or her employer.

Note 4:       Because of the definition of hour in subsection (5), an employee's nominal hours worked may be a number of hours and part of an hour.