Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 306J

Determination altering exemption period for short - term arrangements

  (1)   This section applies if:

  (a)   a regulated labour hire arrangement order is in force that covers a regulated host, an employer and one or more regulated employees of the employer performing work for the regulated host; or

  (b)   a regulated labour hire arrangement order has been made but is not yet in force that covers a regulated host, an employer and one or more regulated employees of the employer performing work for the regulated host; or

  (c)   an application for a regulated labour hire arrangement order that would cover a regulated host, an employer and one or more regulated employees of the employer performing work for the regulated host has been made to the FWC under section   306E but has not been finally determined.

  (2)   The FWC may determine that, in relation to the regulated host, the employer and work to be performed by one or more regulated employees of the employer:

  (a)   there is no exemption period for the purposes of section   306G; or

  (b)   a specified period of less than 3 months is the exemption period for the purposes of that section; or

  (c)   a specified period of more than 3 months is the exemption period for the purposes of that section.

Note:   The exemption period is used in determining whether the exception to pay the protected rate of pay in the case of short - term arrangements in subsection   306G(2) applies.


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