Document ID: chunk:federal_register_of_legislation:C2023A00043:clause:6_4
Version: federal_register_of_legislation:C2023A00043
Segment Type: clause
Provision Reference: sch 6 cl 4
Character Range: 26695–28172

4  At the end of section 39AA
Add:

Employee is a casual employee for all weeks beginning in a quarter
 (3) If all weeks beginning in a quarter are applicable weeks for the employee, the number of hours for each of those weeks for the purposes of subparagraph (c)(i) of the definition of working hours in subsection (2) is the result of dividing:
 (a) the total number of hours worked by the employee as a casual employee for all of those weeks; by
 (b) the number of weeks beginning in the quarter.

Employee is a casual employee for some but not all weeks beginning in a quarter
 (4) If some but not all weeks beginning in a quarter are applicable weeks for the employee, the number of hours for each of those applicable weeks for the purposes of subparagraph (c)(i) of the definition of working hours in subsection (2) is the result of dividing:
 (a) the total number of hours worked by the employee as a casual employee for all of those applicable weeks; by
 (b) the number of applicable weeks beginning in the quarter.

What is an applicable week?
 (5) A week beginning in a quarter is an applicable week for an employee if:
 (a) the employee is a casual employee at any time during the week; and
 (b) paragraph (b) of the definition of working hours in subsection (2) did not apply to the employee for the week.
Note: Subsections 39A(3A) and (3B) deal with the circumstances in which a casual employee is taken to have been an eligible employee for the whole of a week.