Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:23_4
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 23 cl 4
Character Range: 726183–726883

4  Section 63 (note)
Repeal the note, substitute:
 (2) The terms of a modern award or enterprise agreement may provide for average weekly hours that exceed the hours referred to in paragraph (1)(a) or (b) if the excess hours are reasonable for the purposes of subsection 62(1).
Note: Hours in excess of the hours referred to in paragraph (1)(a) or (b) that are worked in a week in accordance with averaging terms in a modern award or enterprise agreement (whether the terms comply with subsection (1) or (2)) will be treated as additional hours for the purposes of section 62. The averaging terms will be relevant in determining whether the additional hours are reasonable (see paragraph 62(3)(i)).