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INDUSTRIAL RELATIONS ACT 2016 - SECT 24
Applicable industrial instruments may provide for averaging of hours of work
(1) An applicable industrial instrument may include terms providing for the
averaging of hours of work over a stated period.
(2) However, the average
weekly hours over the period stated in the applicable industrial instrument
must not exceed— (a) for a full-time employee—38 hours; or
(b) for an
employee who is not a full-time employee—the lesser of— (i) 38 hours; or
(ii) the employee’s ordinary hours of work.
(3) An
applicable industrial instrument may provide for average weekly hours that
exceed the hours mentioned in subsection (2) (a) or (b) only if the excess
hours are reasonable under section 26 .
(4) If an employee works hours in a
week in excess of the hours mentioned in subsection (2) (a) or (b) — (a) the
hours are additional hours under section 23 ; and
(b) the employee may only
work the additional hours under section 23 . Note— In deciding whether the
employee may work the additional hours under section 23 , regard must be had
to the averaging terms under section 26 (i) .
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