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Chapter 1Introduction Part 1-2Definitions Division 4Other definitions

Regulation1.09

Division 4—Other definitions

1.09Meaning of base rate of pay—pieceworkers (national system employee)

(1) For paragraph 16(2)(c) of the Act, this regulation provides for the determination of the base rate of pay for the purposes of the National Employment Standards for a national system employee who is an award/agreement free employee and a pieceworker.

Note: The Act defines award/ agreement free employee in section 12 and pieceworker in section 21.

(2) The base rate of pay, expressed as an hourly rate of pay, is worked out using the formula:

where:

TA is the total amount earned by the employee during the relevant period.

TH is the total hours worked by the employee during the relevant period.

the relevant period is:

(a) for an employee who was continuously employed by the employer for a period of 12 months or more immediately before the base rate of pay is to be worked out—the 12months before the rate is to be worked out; or

(b) for an employee who was continuously employed by the employer for a period of less than 12 months immediately before the base rate of pay is to be worked out—that period.

1.10Meaning of base rate of pay—pieceworkers (enterprise agreement)

(1) For subsection 16(3) of the Act, this regulation provides for the determination of the base rate of pay for the purpose of section 206 of the Act for a pieceworker who is covered by a modern award.

Note: Section 206 of the Act deals with an employee's base rate of pay under an enterprise agreement

(2) The base rate of pay is the rate in the modern award identified as the base rate of pay for the purposes of the National Employment Standards.

1.11Meaning of ordinary hours of work for award/agreement free employees

(1) 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:

(a) is not a full-time employee; and

(b) does not have usual weekly hours of work.

Fair Work Regulations 2009

Compilation date: 11/09/2021

TA TH

6

Compilation No. 36

Registered: 19/10/2021

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