Document ID: chunk:federal_register_of_legislation:F2024C00355:front:0:p14
Version: federal_register_of_legislation:F2024C00355
Segment Type: other
Provision Reference: 
Character Range: 32835–34177

employee during the relevant period.
TH is the total hours worked by the employee during the relevant period.
 (4) In this regulation:
relevant period means:
 (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 12 months 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.
transitional rate means the rate mentioned in, or calculated in accordance with, the transitional instrument or transitional APCS that applies to the employee.
Note: For the definition of transitional APCS see subitem 5(3) of Schedule 9 to the Act.

3.02  Employee not award/agreement free if transitional instrument applies—meaning of pieceworker
 (1) For paragraph 32(2)(c) of Schedule 3 to the Act, this regulation prescribes as pieceworkers a class of employees to whom a transitional instrument applies.
 (2) The class is employees to whom a transitional instrument applies who:
 (a) are paid a rate set by reference to a quantifiable output or task; and
 (b) are not paid a rate set by reference to a period of time worked.
Examples of rates set by reference to quantifiable output or task: