Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 63

Modern awards and enterprise agreements may provide for averaging of hours of work

                   A modern award or enterprise agreement may include terms providing for the averaging of hours of work over a specified period. The average weekly hours over the period must not exceed:

                     (a)  for a full‑time employee--38 hours; or

                     (b)  for an employee who is not a full‑time employee--the lesser of:

                              (i)  38 hours; and

                             (ii)  the employee's ordinary hours of work in a week.

Note:          Hours in excess of the hours referred to in paragraph (a) or (b) that are worked in a week in accordance with averaging terms in a modern award or enterprise agreement will be treated as additional hours for the purpose of section 62, but the averaging terms will be relevant in determining whether the additional hours are reasonable (see paragraph 62(3)(i)).



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