Fair Work Regulations 2009

For subsection 20(4) of the Act, this regulation provides for the determination of hours that are taken to be the usual weekly hours of work of an award/agreement free employee who:

is not a full‑time employee; and

does not have usual weekly hours of work.

Under section 20 of the Act, the usual weekly hours of work of an award/agreement free employee are relevant to establishing the employee’s ordinary hours of work.

To work out the usual weekly hours of work for an employee who has been employed by the employer for at least 4 weeks:

identify the total number of hours that the employee has worked during the previous 4 completed weeks; and

divide the result by 4.

To work out the usual weekly hours of work for an employee who has been employed by the employer for less than 4 weeks:

identify the total number of hours that the employee has worked during the period; and

divide the result by the number of completed weeks for which the employee has been employed by the employer.