Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_90g:p2
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 90G (pt 2/3)
Character Range: 106386–108671

is payable; and
 (c) the hours that would otherwise be the specified number of hours referred to in subsection (1) for the employee for a week do not include all the hours (the paid training hours) in the week that the APCS so determines are hours for which a basic periodic rate of pay is payable;
subsection (1) applies as if the specified number of hours were increased to such number of hours as includes all the paid training hours.

Employees not employed to work a specified number of hours

 (5) For the purpose of section 90F, if subsection (1) of this section does not apply to the employment of an employee, the guaranteed hours for the employee are the hours that the employee both is required or requested to work, and does work, for the employer, less any period in relation to which the employer is prohibited by section 114 from making a payment to the employee.

Definitions

 (6) In this section:

deductible authorised leave means leave, or an absence, whether paid or unpaid, that is authorised:
 (a) by an employee's employer; or
 (b) by or under a term or condition of an employee's employment; or
 (c) by or under a law, or an instrument in force under a law, of the Commonwealth, a State or a Territory;
but not including any leave or absence:
 (d) that is on a public holiday and that is so authorised because the day is a public holiday; or
 (e) any leave or absence that is authorised in order for the employee to attend paid training hours (within the meaning of paragraph (4)(c)) of off‑the‑job training.

hour includes a part of an hour.

Note: An employee's guaranteed hours may therefore be a number of hours and part of an hour.

public holiday means:
 (a) a day declared by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of that State or Territory, as a public holiday by people who work in that State, Territory or region, other than:
 (i) a union picnic day; or
 (ii) a day, or kind of day, that is excluded by regulations made for the purposes of this paragraph from counting as a public holiday; or
 (b) a day that, under (or in accordance with a procedure under) a law of a State or Territory, or an award or workplace agreement, is substituted for a day referred to in paragraph (a).