WORKPLACE RELATIONS ACT 1996 - SECT 193 The guarantee

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 193

             (1)  When exercising its power to adjust an APCS, the AFPC must ensure that the rate provisions in the APCS are such that the resulting APCS basic periodic rate of pay for each employee:

                     (a)  whose employment will be covered by the APCS immediately after the exercise of the power; and

                     (b)  for whom there will be an FMW immediately after the exercise of the power; and

                     (c)  who will not be an APCS piece rate employee immediately after the exercise of the power;

is not less than that FMW.

Note 1:       This section does not apply to rates determined by rate provisions as initially included in a preserved APCS from a pre‑reform wage instrument as mentioned paragraph 208(1)(a). However, this section does apply to any subsequent adjustment of those rate provisions.

Note 2:       See also section 207 (deeming APCS rates to at least equal FMW rates after first exercise of powers under this Division by the AFPC).

             (2)  For the purposes of subsection (1), the resulting APCS basic periodic rate of pay for an employee is the basic periodic rate of pay that will be payable to the employee under the APCS immediately after the exercise of the power by the AFPC takes effect.

             (4)  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.