Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 306G

Exceptions from requirement to pay protected rate of pay

Training arrangements

  (1)   Section   306F does not apply to a regulated employee if a training arrangement applies to the employee in respect of the work performed for the regulated host.

Certain short - term arrangements

  (2)   Section   306F does not apply to a regulated employee if:

  (a)   no determination for the purposes of paragraph   306J(2)(a) (no exemption period) that applies to the employee in respect of the work performed for the regulated host is in force; and

  (b)   the employee performs, or is to perform, the work for the regulated host during:

  (i)   if neither subparagraph   (ii) nor (iii) applies--a period of no longer than 3 months; or

  (ii)   if a determination in force under section   306J specifies a period as the exemption period for the regulated host, the employer and the work--a period of no longer than the period specified; or

  (iii)   if subparagraph   (ii) does not apply and the work commences during a recurring extended exemption period for work of the kind performed by the employee for the regulated host--a period of no longer than the remainder of the extended exemption period, or a period of no longer than 3 months, whichever ends later.

  (3)   However, if the regulated employee does in fact perform the work for longer than the maximum period applicable under paragraph   (2)(b), as a result of a variation to or the making of one or more agreements, section   306F applies to the regulated employee on and after the day the agreements are varied or made.



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