Commentary

(a) Workless days and night workers

Division BI Pay
| Commentary

(a) Workless days and night workers

| Commentary

D.     The need for a 'workless day'

(1)     The statutory definition of a workless day

A fundamental component of the statutory scheme is that the right to a guarantee payment only arises where there is a 'workless day'. Under ERA 1996 s 28(4) a 'day' is a period of 24 hours, lasting from midnight to midnight (ERA 1996 s 28(4)), and under ERA 1996 s 28(1) a day is 'workless' if the following conditions are satisfied:

  1.  

    (1)     during those 24 hours the employee is not provided with any work by his employer

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