Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:5:p1
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 5 (pt 1/5)
Character Range: 222457–225151

5  A rate of pay calculated by reference to the number of tasks performed.

Part 6‑3A—Transfer of business from State public sector employer

6.03A  FWC orders about coverage for employee organisations
  For paragraph 768BB(3)(a) of the Act, a circumstance in which the FWC may make an order mentioned in subsection 768BB(1) of the Act is that the order is to be made:
 (a) on the FWC's own initiative; or
 (b) on application to the FWC by a transferring employee, or a person who is likely to be a transferring employee; or
 (c) on application to the FWC by the new employer, or a person who is likely to be the new employer; or
 (d) on application to the FWC by an employee organisation that is entitled to represent the industrial interests of an employee mentioned in paragraph (b).

6.03B  Model term for dealing with disputes about matters arising under a copied State instrument
  For section 768BK of the Act, the model term for dealing with disputes about matters arising under a copied State instrument is set out in Schedule 6.1A.

Part 6‑4—Additional provisions relating to termination of employment

Division 2—Termination of employment

6.04  Temporary absence—illness or injury
 (1) For paragraph 772(1)(a) of the Act, this regulation prescribes kinds of illness or injury.
Note: Under section 772 of the Act, an employer must not terminate an employee's employment because the employee is temporarily absent from work because of illness or injury of a kind prescribed by the regulations.
 (2) A prescribed kind of illness or injury exists if the employee provides a medical certificate for the illness or injury, or a statutory declaration about the illness or injury, within:
 (a) 24 hours after the commencement of the absence; or
 (b) such longer period as is reasonable in the circumstances.
Note: The Act defines medical certificate in section 12.
 (3) A prescribed kind of illness or injury exists if the employee:
 (a) is required by the terms of a workplace instrument:
 (i) to notify the employer of an absence from work; and
 (ii) to substantiate the reason for the absence; and
 (b) complies with those terms.
 (4) An illness or injury is not a prescribed kind of illness or injury if:
 (a) either:
 (i) the employee's absence extends for more than 3 months; or
 (ii) the total absences of the employee, within a 12 month period, have been more than 3 months (whether based on a single illness or injury or separate illnesses or injuries); and
 (b) the employee is not on paid personal/carer's leave (however described) for a purpose mentioned in paragraph 97(a) of the Act for the duration of the absence.
 (5) In this regulation, a period of paid personal/carer's