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Chapter 6Miscellaneous

Part 6-3Extension of National Employment Standards entitlements

Division 2Extension of entitlement to unpaid parental leave and related entitlements

Regulation6.02

Part 6-3—Extension of National Employment Standards entitlements

Division 2—Extension of entitlement to unpaid parental leave and related entitlements

6.02Modification of meaning of base rate of pay for pieceworkers (non-national system employees)

(1) For section 16 of the Act, as modified by section 749 of the Act, this regulation provides for the determination of the base rate of pay for the purposes of the extended parental leave provisions for a non-national system employee who is a pieceworker.

Note 1: Section 749 of the Act modifies section 16 of the Act by giving it effect as if a paragraph 16(2)(d) were added.

Note 2: The Act defines pieceworker in section 21. The effect of section 21 is modified for a non-national system employees by section 754 of the Act.

(2) The base rate of pay, expressed as an hourly rate of pay, is the rate provided in, or calculated in accordance with, a State industrial instrument that applies to the employee.

(3) If there is no rate provided in, or calculated in accordance with, a State industrial instrument that applies to the employee, 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 less than 12 months immediately before the base rate of pay is to be worked out—that period.

6.03Meaning of pieceworker

(1) For section 21 of the Act, as modified by section 754 of the Act, this regulation prescribes a class of non-national system employees as pieceworkers.

Fair Work Regulations 2009

Compilation date: 11/09/2021

TA TH

86

Compilation No. 36

Registered: 19/10/2021

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