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StatuteFair Work Act 2009

Section 306G — Fair Work Act 2009: Exceptions from requirement to pay protected rate of pay

Text of the provision Official document

Training arrangements (1) Section 306F does not apply to a regulated employee if a training arrangement applies to the employee in respect of the work performed for the regulated host. Certain short-term arrangements (2) Section 306F does not apply to a regulated employee if: (a) no determination for the purposes of paragraph 306J(2)(a) (no exemption period) that applies to the employee in respect of the work performed for the regulated host is in force; and (b) the employee performs, or is to perform, the work for the regulated host during: (i) if neither subparagraph (ii) nor (iii) applies—a period of no longer than 3 months; or (ii) if a determination in force under section 306J specifies a period as the exemption period for the regulated host, the employer and the work—a period of no longer than the period specified; or (iii) if subparagraph (ii) does not apply and the work commences during a recurring extended exemption period for work of the kind performed by the employee for the regulated host—a period of no longer than the remainder of the extended exemption period, or a period of no longer than 3 months, whichever ends later. (3) However, if the regulated employee does in fact perform the work for longer than the maximum period applicable under paragraph (2)(b), as a result of a variation to or the making of one or more agreements, section 306F applies to the regulated employee on and after the day the agreements are varied or made.

Official source: Federal Register of Legislation

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