Matters to be considered in determining excessive work demands
8M Matters to be considered in determining excessive work demands
In determining whether work demands made of a worker are excessive work demands, the following matters must be considered—
the usual patterns of work in the industry, or part of the industry, in which the worker is employed,
supervision of the worker, including—
level of control over the worker’s tasks, and
whether there is unreasonable surveillance of the worker,
the nature of the worker’s role, the worker’s level of responsibility and the nature of the worker’s employment arrangement,
whether the worker is entitled to receive—
overtime payments, penalty rates, an on-call allowance or other compensation for working additional hours, or
a level of remuneration that reflects an expectation of working additional hours,
the needs of the workplace in which the worker is employed,
staffing levels in the workplace, including the mix of qualifications and skills of employees, as the levels and mix relate to the worker’s workload,
industrial agreements and arrangements relevant to the worker,
repeated and serious contraventions of the Work Health and Safety Act 2011 and the regulations made under that Act and any other relevant work health and safety requirements,
any other relevant matter.
This Act’s bill:Explanatory memorandum
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