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WORKPLACE RELATIONS ACT 1996 - SECT 218 Adjustments to incorporate 2005 Safety Net Review

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 218

Adjustments to incorporate 2005 Safety Net Review

             (1)  This section applies in relation to a preserved APCS if:

                     (a)  the APCS is derived from a pre‑reform federal wage instrument referred to in paragraph (a) of the definition of pre‑reform federal wage instrument in section 178; and

                     (b)  either:

                              (i)  in accordance with the Commission's wage fixing principles that applied at that time, the Commission (before the reform commencement) adjusted the instrument in accordance with the Commission's 2004 Safety Net Review decision; or

                             (ii)  the instrument took effect after the Commission's 2004 Safety Net Review decision; and

                     (c)  the Commission did not, before the reform commencement, adjust the instrument in accordance with the Commission's 2005 Safety Net Review decision.

             (2)  The AFPC must adjust the rate provisions of the preserved APCS to increase rates in accordance with the Commission's 2005 Safety Net Review decision (if applicable), except to the extent that the AFPC is satisfied it is not appropriate to do so because of the effect of subsection 208(4).

             (3)  The adjustment must be made as part of the first exercise of the powers of the AFPC under this Division.

             (4)  After the adjustment has been made, section 190 has effect in relation to an employee as if the adjustment had been made to the pre‑reform federal wage instrument immediately before the reform commencement.

Note:          This subsection ensures that the post‑adjustment rate is the rate against which compliance with the guarantee in section 190 is measured.