Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:20:p3
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 20 (pt 3/4)
Character Range: 34572–36987

out; or
 (b) for an employee who was continuously employed by the employer for a period of less than 12 months immediately before the base rate of pay is to be worked out—that period.

1.10  Meaning of base rate of pay—pieceworkers (enterprise agreement)
 (1) For subsection 16(3) of the Act, this regulation provides for the determination of the base rate of pay for the purpose of section 206 of the Act for a pieceworker who is covered by a modern award.
Note: Section 206 of the Act deals with an employee's base rate of pay under an enterprise agreement
 (2) The base rate of pay is the rate in the modern award identified as the base rate of pay for the purposes of the National Employment Standards.

1.11  Meaning of ordinary hours of work for award/agreement free employees
 (1) For subsection 20(4) of the Act, this regulation provides for the determination of hours that are taken to be the usual weekly hours of work of an award/agreement free employee who:
 (a) is not a full‑time employee; and
 (b) does not have usual weekly hours of work.
Note: Under section 20 of the Act, the usual weekly hours of work of an award/agreement free employee are relevant to establishing the employee's ordinary 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.

1.12  Meaning of pieceworker
 (1) For paragraph 21(1)(c) of the Act, this regulation prescribes a class of award/agreement free employees as pieceworkers.
Note: Under paragraph 21(1)(c) of the Act, a pieceworker is an award/agreement free employee who is in a class of employees prescribed by the regulations as pieceworkers.
 (2) The class is award/agreement free employees 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 a quantifiable output or task