sec.25Averaging of hours of work for employees not covered by applicable industrial instruments

### sec.25 Averaging of hours of work for employees not covered by applicable industrial instruments An employer and an employee who are not covered by an applicable industrial instrument may agree in writing to an averaging arrangement under which hours of work over a stated period of not more than 26 weeks are averaged. However, the average weekly hours over the period stated in the arrangement must not exceed— for an employee employed on a full-time basis—38 hours; or for an employee employed on a part-time or casual basis—the lesser of— 38 hours; or the employee’s ordinary hours of work. The arrangement may provide for average weekly hours in excess of the hours mentioned in subsection (2) (a) or (b) only if the excess hours are reasonable under section 26 . If an employee works hours in a week in excess of the hours mentioned in subsection (2) (a) or (b) — the hours are additional hours under section 23 ; and the employee may only work the additional hours under section 23 . In deciding whether the employee may work the additional hours under section 23 , regard must be had to an averaging arrangement under section 26 (i) . (sec.25-ssec.1) An employer and an employee who are not covered by an applicable industrial instrument may agree in writing to an averaging arrangement under which hours of work over a stated period of not more than 26 weeks are averaged. (sec.25-ssec.2) However, the average weekly hours over the period stated in the arrangement must not exceed— for an employee employed on a full-time basis—38 hours; or for an employee employed on a part-time or casual basis—the lesser of— 38 hours; or the employee’s ordinary hours of work. (sec.25-ssec.3) The arrangement may provide for average weekly hours in excess of the hours mentioned in subsection (2) (a) or (b) only if the excess hours are reasonable under section 26 . (sec.25-ssec.4) If an employee works hours in a week in excess of the hours mentioned in subsection (2) (a) or (b) — the hours are additional hours under section 23 ; and the employee may only work the additional hours under section 23 . In deciding whether the employee may work the additional hours under section 23 , regard must be had to an averaging arrangement under section 26 (i) . - (a) for an employee employed on a full-time basis—38 hours; or - (b) for an employee employed on a part-time or casual basis—the lesser of— (i) 38 hours; or (ii) the employee’s ordinary hours of work. - (i) 38 hours; or - (ii) the employee’s ordinary hours of work. - (i) 38 hours; or - (ii) the employee’s ordinary hours of work. - (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 an averaging arrangement under section 26 (i) .