Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subsection 219 (1) of the Act:
(a) the AFPC must adjust rate provisions in each APCS that is derived from a pre‑reform State wage instrument mentioned in paragraph (a) of the definition of pre‑reform State wage instrument in section 178 of the Act to increase the rates in accordance with any decision made by a State industrial authority that relates to the Commission's 2005 Safety Net Review decision, unless the AFPC is satisfied that it is not appropriate to adjust the rate provisions because of the effect of subsection 208 (4) of the Act; and
(b) the adjustment must be made as part of the first exercise of the powers of the AFPC under Division 2 of Part 7 of the Act.
(2) Subregulation (1) applies only if:
(a) the State industrial authority did not, before the reform commencement, adjust the instrument in accordance with its decision relating to the Commission's 2005 Safety Net Review decision (by way of general order or otherwise); and
(b) either:
(i) the instrument was adjusted, before the reform commencement, in accordance with the State industrial authority's decision relating to the Commission's 2004 Safety Net Review decision (by general order or otherwise); or
(ii) the instrument came into effect after that decision.
(3) After the adjustment has been made, section 190 of the Act is taken to have effect in relation to an employee as if the adjustment had been made to the pre‑reform State wage instrument immediately before the reform commencement.