Applicable industrial instruments may provide for averaging of hours of work
24 Applicable industrial instruments may provide for averaging of hours of work
An applicable industrial instrument may include terms providing for the averaging of hours of work over a stated period.
However, the average weekly hours over the period stated in the applicable industrial instrument must not exceed—
for a full-time employee—38 hours; or
for an employee who is not a full-time employee—the lesser of—
38 hours; or
the employee’s ordinary hours of work.
An applicable industrial instrument may provide for average weekly hours that exceed the hours mentioned in subsection (2)(a) or (b) only if the excess hours are reasonable under section 26.
If an employee works hours in a week in excess of the hours mentioned in subsection (2)(a) or (b)—
the hours are additional hours under section 23; and
the employee may only work the additional hours under section 23.
Note—
In deciding whether the employee may work the additional hours under section 23, regard must be had to the averaging terms under section 26(i).
This Act’s bill:Explanatory memorandumSecond reading speech
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