Section 753 — Fair Work Act 2009 (Cth)

Section 20 has effect as if the following subsection were added at the end:

(5) For a non‑national system employee:

(a) who is not a full‑time employee; and

(b) who does not have usual weekly hours of work; and

(c) to whom either of the following subparagraphs applies:

(i) a State industrial instrument applies to the employee, but it does not specify, or provide for the determination of, the employee’s ordinary hours of work;

(ii) no State industrial instrument applies to the employee;

the regulations may prescribe, or provide for the determination of, hours that are taken to be the employee’s usual weekly hours of work for the purposes of the extended parental leave provisions.

Related sections

• s 750 — Modification of meaning of full rate of pay for pieceworkers
• s 751 — Modification of meaning of ordinary hours of work—if determined by State industrial instrument
• s 752 — Modification of meaning of ordinary hours of work—if not determined by State industrial instrument
• s 754 — Modification of meaning of pieceworker
• s 755 — Modification of provision about interaction with paid leave
• s 756 — Modification of provision about relationship between National Employment Standards and agreements

Research how courts apply s 753

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.