Document ID: chunk:federal_register_of_legislation:F2024C00355:reg:4:p1
Version: federal_register_of_legislation:F2024C00355
Segment Type: reg
Provision Reference: reg 4 (pt 1/3)
Character Range: 34415–37186

4   A rate of pay calculated by reference to the number of tasks performed.

3.03  Employee to whom transitional instrument applies—usual weekly hours of work
 (1) For subitem 33(6) of Schedule 3 to the Act, this regulation applies to an employee:
 (a) to whom a transitional instrument applies; and
 (b) who is not a full‑time employee; and
 (c) who does not have usual weekly hours of work.
 (2) To work out the usual weekly hours of work for an employee who has been employed by the employer for at least 4 weeks:
 (a) identify the total number of hours that the employee has worked during the previous 4 completed weeks; and
 (b) divide the result by 4.
 (3) To work out the usual weekly hours of work for an employee who has been employed by the employer for less than 4 weeks:
 (a) identify the total number of hours that the employee has worked during the period; and
 (b) divide the result by the number of completed weeks for which the employee has been employed by the employer.

3.03A  Modification of Act—deemed date of transitional pay equity order
  For subitem 8(1) of Schedule 2 to the Act, Schedule 3 to the Act is modified by substituting subitem 43(1) as follows:
 '(1) On 27 March 2011, FWA is taken to have made an order (the transitional pay equity order) under this item.'.

3.03B  Transitional pay equity order taken to have been made by FWC—Division 2B State reference transitional awards (prescribed employers)
 (1) For paragraph 43(2)(b) of Schedule 3 to the Act, the prescribed class of employers is the employers:
 (a) to whom the Social, Community, Home Care and Disability Services Industry Award 2010 applies on or after 1 January 2010 in relation to affected employees; and
 (b) to whom either of the following transitional awards applied immediately before 1 January 2010 in relation to affected employees:
 (i) the Social and Community Services (Queensland) Award 2001 [Transitional];
 (ii) the Crisis Assistance Supported Housing (Queensland) Award 1999 [Transitional]; and
 (c) who received supplementary funding from the Government of Queensland in relation to the prescribed source pay equity order mentioned in regulation 3.03C; and
 (d) who were not constitutional corporations immediately before 1 January 2010.
 (2) However, the prescribed class of employers does not include an employer in relation to an affected employee if, immediately before 1 January 2010:
 (a) an enterprise agreement applied to the employer in relation to the affected employee; or
 (b) a transitional agreement‑based instrument of the following kinds applied to the employer in relation to the affected employee:
 (i) a workplace agreement;
 (ii) a workplace determination;
 (iii) a preserved State agreement;
 (iv) an AWA;
 (v) a pre‑reform AWA.
Note: