Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 228

             (1)  In this Division:

"annual leave" has the meaning given by subsection 232(1).

"authorised leave" means leave, or an absence, whether paid or unpaid, that is authorised:

                     (a)  by an employee's employer; or

                     (b)  by or under a term or condition of an employee's employment; or

                     (c)  by or under a law, or an instrument in force under a law, of the Commonwealth, a State or a Territory.

"basic periodic rate of pay" has the meaning given by section 178.

Note:          See also section 231.

"continuous service" , in relation to a period of an employee's service with an employer, means service with the employer as an employee (other than a casual employee) during the whole of the period, including (as a part of the period) any period of authorised leave.

"employee" means an employee to whom this Division applies under section 227.

"nominal hours worked" has the meaning given by section 229.

Note:          See also section 231.

"piece rate employee" means an employee who is paid a piece rate of pay within the meaning of section 178.

"public holiday" means:

                     (a)  a day declared by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of that State or Territory, as a public holiday by people who work in that State, Territory or region, other than:

                              (i)  a union picnic day; or

                             (ii)  a day, or kind of day, that is excluded by regulations made for the purposes of this paragraph from counting as a public holiday; or

                     (b)  a day that, under (or in accordance with a procedure under) a law of a State or Territory, or an award or workplace agreement, is substituted for a day referred to in paragraph (a).

"shift worker" means:

                     (a)  an employee who:

                              (i)  is employed in a business in which shifts are continuously rostered 24 hours a day for 7 days a week; and

                             (ii)  is regularly rostered to work those shifts; and

                            (iii)  regularly works on Sundays and public holidays; or

                     (b)  an employee of a type that is prescribed by regulations made for the purposes of this paragraph.

Note:          Subsection (2) enables regulations to be made providing that an employee belonging to a specified class is not a shift worker.

             (2)  The regulations may provide that an employee:

                     (a)  who is covered by paragraph (a) or (b) of the definition of shift worker in subsection (1); and

                     (b)  who belongs to a class specified in the regulations;

is not a shift worker for the purposes of this Division.

             (3)  Without limiting the way in which a class of employees may be described for the purposes of regulations made under subsection (2), the class may be described by reference to one or more of the following:

                     (a)  a particular industry;

                     (b)  a particular kind of work;

                     (c)  a particular type of employment;

                     (d)  a particular type of shift work (whether described by reference to the organisation or allocation of shifts or otherwise).