Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 64

Averaging of hours of work for award/agreement free employees

                   An employer and an award/agreement free employee may agree in writing to an averaging arrangement under which hours of work over a specified period of not more than 26 weeks are averaged. The average weekly hours over the specified 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 an agreed averaging arrangement will be treated as additional hours for the purpose of section 62, but the averaging arrangement will be relevant in determining whether the additional hours are reasonable (see paragraph 62(3)(i)).


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