WORKPLACE RELATIONS ACT 1996 - SECT 181 Meaning of rate provisions

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 181

             (1)  For the purposes of this Division, rate provisions , of a pre‑reform wage instrument or an APCS, are provisions of the instrument or APCS that determine a basic periodic rate of pay, or basic piece rates of pay, payable to an employee, or an employee of a particular classification.

             (2)  The means by which such provisions may determine a basic periodic rate of pay, or a basic piece rate of pay, include the following, or any combination of any of the following:

                     (a)  direct specification of a rate;

                     (b)  identification of a rate by reference to other provisions (whether or not of the same instrument or APCS);

                     (c)  direct specification, or identification by reference to other provisions (whether or not of the same instrument or APCS), of a method for calculating a rate.

             (3)  Subject to the regulations, a method referred to in subsection (2) may provide for a person or body to determine a rate in a particular way. For the purposes of this Division, a rate determined by the person or body in that way is taken to be a rate determined by the provisions that specify or identify the method.