HWAA requires a written agreement with specific conditions, including a work plan indicating every working day and the number of hours worked on each of these workdays during the average programming period. Unlike the FAA, if a HWAA application group, all new employees who are hired in the group after the HWAA, are considered consent and are bound by the terms of the HWAA. The regulation also specifies that a worker is entitled to weekly overtime when the average weekly working time (on average over the average agreement period) is more than 44 hours per week. A worker under a financing agreement can file a complaint against an employer for non-payment of wages or overtime or both at any time, whereas the average agreement applies to the employee, or within a period: the hours may be subject to cycles of 1, 2, 3 or 4 weeks. The number of hours can vary each day or week during the average cycle. However, the average weekly working time covered by the agreement must not exceed 40 hours. One of the most important aspects of the amendment is the creation of “flexible financing agreements.” These agreements are only available to full-time workers who work 35 hours or more per week and must be requested by the worker. An employer must notify any affected worker before the start of the funding agreement, two weeks after written notice, unless both parties agree otherwise. The flexible substantive agreement, which is not part of a collective agreement, is valid: the Director of Employment Standards may at any time terminate a funding agreement taking into account all the factors that the Director deems relevant. As has already been said, funding agreements must be approved by workers and the employer. As a result, either the employee or the employer can terminate the contract at any time. The dismissal takes effect 30 days after the employer or worker`s notification to the other party.
The employer and the worker may agree to amend an average overtime agreement as long as the total hours provided by the agreement remain the same. When an employee works an unplanned day to compensate for his or her absence on a planned day during a fund agreement, the “make-up day” is treated as if it were the missed day. The leave period must be taken before the end of the next funding period. If this is not the case, the employer must pay the worker his regular wage for hours not worked. Overtime is calculated and paid for each salary period, which means that overtime can be calculated in the middle of a fund agreement.