WORKPLACE RELATIONS ACT 1996 - SECT 208 Deriving preserved APCSs from pre-reform wage instruments

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 208

             (1)  If a pre‑reform wage instrument contains rate provisions determining one or more basic periodic rates of pay, or basic piece rates of pay, payable to employees, then, from the reform commencement, there is taken to be a preserved APCS that includes (subject to this Subdivision):

                     (a)  those rate provisions; and

                     (b)  if those rate provisions determine different basic periodic rates of pay, or different basic piece rates of pay, for employees of different classifications--the provisions of the instrument that describe those classifications; and

                     (c)  any casual loading provisions of the instrument that determine casual loadings payable to employees, other than employees for whom the instrument provides basic piece rates of pay; and

                     (d)  if the casual loading provisions determine different casual loadings for employees of different classifications--the provisions of the instrument that describe those classifications; and

                     (e)  any provisions of the instrument that determine, in relation to employees to whom training arrangements apply, whether hours attending off‑the‑job training (including hours attending an educational institution) count as hours for which a basic periodic rate of pay is payable; and

                      (f)  any frequency of payment provisions for the instrument; and

                     (g)  the coverage provisions for the instrument.

             (2)  The preserved APCS is derived from the pre‑reform wage instrument.

             (3)  Subject to subsection (4) and the regulations, the preserved APCS is taken not to include any provision of the pre‑reform wage instrument which, after the adjustments referred to in sections 209 to 212 take effect, will not comply with the requirements of sections 202 and 203.

Note:          For when regulations made for the purpose of subsection (3) may be expressed to take effect, see section 213.

             (4)  If:

                     (a)  the rate provisions referred to in paragraph (1)(a) include pay increases for particular employees, determined before the reform commencement, that are expressed to take effect at a time or times after the reform commencement; and

                     (b)  those increases were determined by the Commission, or by a State industrial authority, wholly or partly on the ground of work value change or pay equity;

then (despite subsection 202(3)), the preserved APCS is taken to include provisions under which those increases will take effect for those employees at that time or those times.

             (5)  The adjustments referred to in sections 209 to 212 are, subject to the regulations, to be made in the following order:

                     (a)  adjustments referred to in section 209;

                     (b)  adjustments referred to in section 210;

                     (c)  adjustments referred to in section 211;

                     (d)  adjustments referred to in subsection 212(1).

Note:          For when regulations made for the purpose of subsection (5) may be expressed to take effect, see section 213.