Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An employee is not
to be required or requested by an employer to work more than —
(a)
either —
(i)
the employee’s ordinary hours of work as specified
in an industrial instrument that applies to the employment of the employee; or
(ii)
if there is no industrial instrument that specifies the
employee’s ordinary hours of work, 38 hours per week;
and
(b)
reasonable additional hours as determined under section 9B.
(2) For the purpose of
subsection (1), in calculating the number of hours that an employee has
worked in a particular week, the hours worked by the employee are taken to
include any hours of authorised leave taken by the employee during the week.
(3) Nothing in this
section, or section 5(2), restricts the number of ordinary hours of work
that may be specified in an industrial instrument.
(4) In this
section —
authorised leave means leave, or an absence,
whether paid or unpaid, that is authorised —
(a) by
an employee’s employer;
(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 State or the
Commonwealth;
industrial instrument means —
(a) an
award; or
(b) an
employer-employee agreement.
[Section 9A inserted by No. 36 of 2006
s. 5.]