WORKPLACE RELATIONS ACT 1996 - SECT 191 The guarantee where basic piece rates of pay are involved
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 191
The guarantee where basic piece rates of pay are involved(1) This section applies if:
(a) the AFPC proposes to exercise any of the following powers (subject to subsection (4)):
(i) adjusting the standard FMW;
(ii) adjusting a preserved APCS;
(iii) adjusting a new APCS; and
(b) either or both of the following subparagraphs apply in relation to a particular employee who will be affected by the exercise of the power:
(i) immediately after the exercise of the power takes effect, there will, under section 182, be guaranteed basic piece rates of pay for the employee;
(ii) immediately after the reform commencement (and after any relevant adjustments mentioned in sections 209 to 212 took effect), there would, under section 182, have been guaranteed basic piece rates of pay for the employee if the employee had at that time been in his or her current circumstances of employment.
(2) The AFPC must exercise the power in a way that it considers will not result in an employee of average capacity, after the exercise of the power takes effect, being entitled to less basic pay per week than he or she would have been entitled to because of this Division immediately after the reform commencement if the employee had at that time been in his or her current circumstances of employment.
(3) In applying this section in relation to a particular exercise of a power by the AFPC, the effect of any other exercise of a power by the AFPC that takes effect at the same time must also be taken into account.
(4) This section does not limit the AFPC's power to adjust APCSs made for the purpose of section 220 before the repeal of that section by the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 .