Normal weekly hours if none fixed or hours changed
16 Normal weekly hours if none fixed or hours changed
This section applies if—
no normal weekly number of hours of work is fixed for an employee's work under the relevant employment agreement; or
the normal weekly number of hours of work is fixed but is changed one or more times during the 104 weeks immediately before the employee starts long service leave.
The employee's normal weekly number of hours of work is taken to be the greatest of the following—
in relation to the 52 weeks immediately before the employee starts long service leave, the average weekly number of hours calculated in accordance with the following formula—
where—
A is the employee's average weekly number of hours;
B is the number of hours the employee worked during the 52 weeks;
C is the number of hours in respect of which the employee took paid leave during the 52 weeks;
D is the number of weeks the employee took unpaid leave during the 52 weeks;
in relation to the 260 weeks immediately before the employee starts long service leave, the average weekly number of hours calculated in accordance with the following formula—
where—
A is the employee's average weekly number of hours;
B is the number of hours the employee worked during the 260 weeks;
C is the number of hours in respect of which the employee took paid leave during the 260 weeks;
D is the number of weeks the employee took unpaid leave during the 260 weeks;
in relation to the employee's last period of continuous employment immediately before the employee starts long service leave, the average weekly number of hours calculated in accordance with the following formula—
where—
A is the employee's average weekly number of hours;
B is the number of hours the employee worked during the last period of continuous employment;
C is the number of hours in respect of which the employee took paid leave during the last period of continuous employment;
D is the number of weeks of the employee's last period of continuous employment;
E is the number of weeks the employee took unpaid leave during the last period of continuous employment.
17 Normal weekly hours and ordinary time rate of pay if working in suitable employment or absent due to workplace illness or injury
This section applies if an employee is—
working in suitable employment (within the meaning of section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013); or
absent from work because of a workplace illness or injury and is in receipt of any compensation in the form of weekly payments from the Victorian WorkCover Authority for that illness or injury.
An employee's normal weekly hours and ordinary time rate of pay are to be taken to be the greater of the following—
the employee's normal weekly hours and ordinary time rate of pay immediately before the employee starts long service leave;
the employee's normal weekly hours and ordinary time rate of pay immediately before the employee developed the relevant illness or suffered the relevant injury.
Note
Section 16 may apply when determining an employee's normal weekly hours.
This Act’s bill:Explanatory memorandumSecond reading speech
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