Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_90g:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 90G (pt 1/3)
Character Range: 103988–106600

90G  An employee's guaranteed hours for the purpose of section 90F

Employees employed to work a specified number of hours

 (1) For the purposes of section 90F, if an employee is employed to work a specified number of hours per week, the guaranteed hours for the employee, for each week, are to be worked out as follows:
 (a) start with that specified number of hours (subject to subsection (4));
 (b) deduct all of the following:
 (i) any hours in the week when the employee is absent from work on deductible authorised leave (as defined in subsection (6));
 (ii) any hours in the week in relation to which the employer is prohibited by section 114 from making a payment to the employee;
 (iii) any other hours of unauthorised absence from work by the employee in the week;
 (c) if, during the week, the employee works, and is required or requested to work, additional hours that are, under the terms and conditions of the employee's employment, not counted towards the specified number of hours—add on those additional hours.

Note: The actual hours worked from week to week by an employee who is employed to work a specified number of hours per week may vary, due to averaging as mentioned in section 91C or to some other kind of flexible working hours scheme that applies to the employee's employment.

 (2) If an employee is employed on a full‑time basis, but the terms and conditions of the employee's employment do not determine the number of hours in a period that is to constitute employment on a full‑time basis for the employee, the employee is, for the purpose of subsection (1), taken to be employed to work 38 hours per week.

 (3) If an employee is employed to work a specified number (the number of non‑week specified hours) of hours per period (the non‑week period), but that period is not a week (for example, it is a fortnight), then, for the purpose of subsection (1), the employee is taken to be employed to work the number of hours per week determined, subject to the regulations (if any), in accordance with the formula:

 (4) If:
 (a) subsection (1) applies to the employment of an employee to whom a training arrangement applies; and
 (b) an APCS includes provisions that determine, in relation to the employee's employment, that hours attending off‑the‑job training (including hours attending an educational institution) are hours for which a basic periodic rate of pay is payable; and
 (c) the hours that would otherwise be the specified number of hours referred to in subsection (1) for the employee for a week do not include all the hours (the paid training hours) in the week that