E14.22Despite subclause E14.21, where an employee varies their ordinary hours of work, either from

Despite subclause E14.21, where an employee varies their ordinary hours of work, either from part-time to full-time, from part-time to different part-time, or from full-time to part-time, during the 12-month period directly preceding birth leave, the rate of payment for the paid component of their birth leave, which is capped at full-time rates, is calculated by using the average of their ordinary hours of work, excluding any periods of leave without pay, for the 12- month period immediately before the period of birth leave commences.