Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:12a_2:p2
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 12A cl 2 (pt 2/2)
Character Range: 435582–437376

the extent that a Division 2B State instrument applied to the person, and the person was not a casual employee—the person's ordinary hours of work under item 48 of Schedule 3A; or
 (c) to the extent that:
 (i) a State industrial instrument applied to the person as a non‑national system employee; and
 (ii) the instrument specified, or provided for the determination of, the person's ordinary hours of work; and
 (iii) the person was not a casual employee;
  the ordinary hours of work as specified in, or determined in accordance with, that instrument; or
 (d) to the extent that no such award, agreement, determination or instrument applied to the person, and the person was not a casual employee:
 (i) if the person was a national system employee—the person's ordinary hours of work under section 20 of the FW Act; or
 (ii) if the person was a non‑national system employee—what would have been the person's ordinary hours of work under that section if the person had been a national system employee; or
 (e) to the extent that the person was a casual employee—the lesser of:
 (i) 152 hours; and
 (ii) the number of hours actually worked by the person.
(4) This subitem applies to leave, whether paid or unpaid, that the person took if:
 (a) the person was entitled to the leave in connection with:
 (i) the birth of a child of the person or the person's spouse or de facto partner; or
 (ii) the placement of a child with the person for adoption; and
 (b) the duration of the period of leave has been at least 4 weeks;
 whether or not the person took any other kind of paid leave while taking that leave.
(5) For the purposes of this item, a national system employer and the employer's associated entities are taken to be one entity.
(6) This item has effect despite section 23 of the FW Act.