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IntroductionChapter 1

DefinitionsPart 1-2 Other definitionsDivision 4

Regulation1.12

Note: 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.

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

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

(b) divide the result by 4.

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

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

(b) divide the result by the number of completedweeks for which the employee has been employed by the employer.

1.12Meaning of pieceworker

(1) For paragraph 21(1)(c) of the Act, this regulation prescribes a class of award/agreement free employees as pieceworkers.

Note: Under paragraph 21(1)(c) of the Act, a pieceworker is an award/agreement free employee who is in a class of employees prescribed by the regulations as pieceworkers.

(2) The class is award/agreement free employees who:

(a) are paid a rate set by reference to a quantifiable output or task; and

(b) are not paid a rate set by reference to a period of time worked.

Examples of rates set by reference to a quantifiable output or task

1A rate of pay calculated by reference to the number of articles produced.

2A rate of pay calculated by reference to the number of kilometres travelled.

3A rate of pay calculated by reference to the number of articles delivered.

4A rate of pay calculated by reference to the number of articles sold.

5A rate of pay calculated by reference to the number of tasks performed.

Fair Work Regulations 2009

Compilation date: 11/09/2021

7

Compilation No. 36

Registered: 19/10/2021

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