WORKPLACE RELATIONS ACT 1996 - SECT 209 Notional adjustment: rates and loadings determined as for reform comparison day
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 209
Notional adjustment: rates and loadings determined as for reform comparison day(1) Subject to subsections (2) and (3), if rate provisions included in a preserved APCS as mentioned in section 208 would, apart from this subsection, determine a basic periodic rate of pay otherwise than by direct specification of the monetary amount of the rate, then the APCS is taken to be adjusted as necessary immediately after the reform commencement so that those rate provisions instead directly specify, as that rate of pay, the rate as determined by the provisions for the reform comparison day.
(2) Subsection (1) does not apply to the rate provisions included in 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.
(3) If the rate provisions included in a preserved APCS as mentioned in section 208 determine a basic periodic rate of pay by (or by referring to) a pro‑rata disability pay method, subsection (1) applies to any other rate of pay that the method refers to, but does not otherwise apply to the method.
(4) If the rate provisions included in a preserved APCS as mentioned in section 208 determine a basic piece rate of pay by (or by referring to) a method, subsection (1) does not apply to the rate provisions that determine that rate.
(5) The regulations may provide for other situations in which subsection (1) is not to apply to rate provisions, or is to apply with specified modifications.
Note: For when regulations made for the purpose of subsection (5) may be expressed to take effect, see section 213.
(6) If casual loading provisions included in a preserved APCS as mentioned in section 208 would, apart from this subsection, determine a loading otherwise than by direct specification of the loading, then the APCS is taken to be adjusted as necessary immediately after the reform commencement so that those loading provisions instead directly specify, as that loading, the loading as determined by the provisions for the reform comparison day.