Victorian Numbered Acts

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LONG SERVICE LEAVE ACT 2018 (NO. 12 OF 2018) - SECT 16

Normal weekly hours if none fixed or hours changed

    (1)     This section applies if—

        (a)     no normal weekly number of hours of work is fixed for an employee's work under the relevant employment agreement; or

        (b)     the normal weekly number of hours of work is fixed but is changed one or more times during the 104 weeks immediately before the employee starts long service leave.

    (2)     The employee's normal weekly number of hours of work is taken to be the greatest of the following—

        (a)     in relation to the 52 weeks immediately before the employee starts long service leave, the average weekly number of hours calculated in accordance with the following formula—

18-012a01.jpg

where—

    A     is the employee's average weekly number of hours;

    B     is the number of hours the employee worked during the 52 weeks;

    C     is the number of hours in respect of which the employee took paid leave during the 52 weeks;

    D     is the number of weeks the employee took unpaid leave during the 52 weeks;

        (b)     in relation to the 260 weeks immediately before the employee starts long service leave, the average weekly number of hours calculated in accordance with the following formula—

18-012a02.jpg

where—

    A     is the employee's average weekly number of hours;

    B     is the number of hours the employee worked during the 260 weeks;

    C     is the number of hours in respect of which the employee took paid leave during the 260 weeks;

    D     is the number of weeks the employee took unpaid leave during the 260 weeks;

        (c)     in relation to the employee's last period of continuous employment immediately before the employee starts long service leave, the average weekly number of hours calculated in accordance with the following formula—

18-012a03.jpg

where—

    A     is the employee's average weekly number of hours;

    B     is the number of hours the employee worked during the last period of continuous employment;

    C     is the number of hours in respect of which the employee took paid leave during the last period of continuous employment;

    D     is the number of weeks of the employee's last period of continuous employment;

    E     is the number of weeks the employee took unpaid leave during the last period of continuous employment.



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