Western Australian Consolidated Acts

MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993 - SECT 9B

9B .         Reasonable additional hours

        (1)         For the purposes of section 9A(1)(b), in determining whether additional hours that an employee is required or requested by an employer to work are reasonable additional hours, all relevant factors are to be taken into account.

        (2)         The factors that may be taken into account include, but are not limited to, the following —

            (a)         any risk to the employee’s health and safety that might reasonably be expected to arise if the employee worked the additional hours;

            (b)         the employee’s personal circumstances (including family responsibilities);

            (c)         the conduct of the operations or business in relation to which the employee is required or requested to work the additional hours;

            (d)         any notice given by the employer of the requirement or request that the employee work the additional hours;

            (e)         any notice given by the employee of the employee’s intention to refuse to work the additional hours;

            (f)         whether any of the additional hours are on a public holiday in the area of the State where the employee is required or requested to work;

            (g)         the employee’s hours of work over the 4 weeks ending immediately before the employee is required or requested to work the additional hours.

        [Section 9B inserted by No. 36 of 2006 s. 5.]

        [Heading inserted by No. 20 of 2002 s. 167.]