WORKPLACE RELATIONS ACT 1996 - SECT 205 What if 2 or more APCSs would otherwise cover an employee?

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 205

             (1)  If, but for this section, 2 or more APCSs would cover the employment of the same employee, the employment of the employee is taken to be covered only by the APCS that prevails.

             (2)  Apply the following rules to work out which APCS prevails:

                     (a)  the preserved APCS derived from the pre‑reform federal wage instrument referred to in paragraph (b) of the definition of pre‑reform federal wage instrument in section 178 (as that preserved APCS is adjusted from time to time) prevails over any other APCS;

                     (b)  subject to paragraph (a), a new APCS determined in accordance with Subdivision M of Division 2 of Part 7 of this Act before the repeal of that Subdivision by the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (as that APCS is adjusted from time to time) prevails over any other APCS;

                     (c)  subject to paragraphs (a) and (b):

                              (i)  a new APCS prevails over a preserved APCS; and

                             (ii)  a preserved APCS that is derived from a pre‑reform federal wage instrument prevails over a preserved APCS that is derived from a pre‑reform non‑federal wage instrument;

                     (d)  subject to paragraphs (a), (b) and (c):

                              (i)  as between 2 or more APCSs that are made or adjusted on different days, the APCS that is made or adjusted on the more recent day prevails; and

                             (ii)  as between 2 or more APCSs that are made or adjusted on the same day, the APCS that is more generous to the employee prevails.

             (3)  For the purpose of this section, all preserved APCSs are taken to have been made on the day on which the reform commencement occurs.