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Rights and responsibilities of employees, employers, organisations etc.Chapter 3 Industrial actionPart 3-3 Payments relating to periods of industrial actionDivision 9

Regulation3.21

Division 9—Payments relating to periods of industrial action

3.21Payments relating to partial work bans—working out proportion of reduction of employee's payments

For subsection 471(3) of the Act, the proportion mentioned in
paragraph 471(2)(a) of the Act is worked out for an employee or a class of employees by carrying out the following steps.

Step 1

Identify the work that an employee or a class of employees is failing or refusing to perform, or is proposing to fail or refuse to perform.

Step 2

Estimate the usual time that the employee or the class of employees would spend performing the work during a day.

Step 3

Work out the time estimated in Step 2 as a percentage of an employee's usual hours of work for a day.

The solution is the proportion by which the employee's payment will be reduced for a day.

3.22Payments relating to partial work bans—form of partial work ban notice

For paragraph 471(6)(a) of the Act, a notice given under paragraph 471(1)(c) or

(4)(c) of the Act about the reduction of an employee's payments due to a partial work ban must be in a legible form and in English.

3.23Payments relating to partial work bans—content of partial work ban notice

(1) For paragraph 471(6)(b) of the Act, a notice about a partial work ban given to an employee under paragraph 471(1)(c) or (4)(c) of the Act must:

(a) specify the day on which the notice is issued; and

(b) specify the industrial action engaged in, or proposed to be engaged in, that constitutes the partial work ban; and

(c) state that the notice will take effect from the later of:

(i) the start of the first day of the partial work ban; and

(ii) the start of the first day after the day on which the notice is given to the employee, if the employee performs work on that day; and

(d) state that the notice will cease to have effect at the end of the day on which the partial work ban ceases.

(2) If the notice is given under paragraph 471(1)(c)of the Act, it must also:

(a) state that the employee's payments will be reduced by an amount specified in the notice for each day the employee engages in the partial work ban; and

(b) specify an estimate of the usual time the employer considers an employee would spend during a day performing the work that is the subject of the work ban; and

(c) specify the amount by which the employee's payments will be reduced for each day the employee engages in the work ban.

Fair Work Regulations 2009

Compilation date: 11/09/2021

51

Compilation No. 36

Registered: 19/10/2021

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