Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_92aa:p2
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 92AA (pt 2/2)
Character Range: 162458–163670

of hours (if any) in the week when the employee is absent from his or her work for the employer on leave that counts as service;
 (iii) deduct the number of hours (if any) in the week in relation to which the employer is prohibited by section 114 from making a payment to the employee;
 (b) the number of nominal hours the employee would be taken to have worked for the employer under subsection (1) during the week if the employee were employed to work 38 hours per week.

Definition

 (5) In this section:

hour includes a part of an hour.

Note 1: The regulations may prescribe a different definition of nominal hours worked for piece rate employees (see section 92C).

Note 2: An employee's hours of work may be varied (by number or time) in accordance with a workplace agreement, award or contract of employment that binds the employee and his or her employer.

Note 3: For whether leave guaranteed under this Part counts as service, see subsections 92I(2) (annual leave), 93T(2) (paid personal leave), 93U(2) (unpaid carer's leave) and 94ZZB(2) (parental leave).

Note 4: Because of the definition of hour in subsection (5), an employee's nominal hours worked may be a number of hours and part of an hour.