WORKPLACE RELATIONS ACT 1996 - SECT 219A Coverage of special APCSs for employees with a disability

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 219A

             (1)  This section applies in relation to an APCS (the special APCS ) that was determined in accordance with section 220 of this Act before the repeal of that section by the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 .

             (2)  The special APCS is taken not to cover the employment of a particular employee if:

                     (a)  there is another APCS that covers the employment of the employee (disregarding the effect that paragraph 205(2)(b) would otherwise have because of the special APCS); and

                     (b)  that other APCS determines a basic periodic rate of pay specifically for a particular class of employees with a disability; and

                     (c)  the employee's employment is covered by that other APCS because the employee is a member of that class; and

                     (d)  that class is the same as, or is a subclass of, the employees whose employment would otherwise be covered by the special APCS.

             (3)  Without limiting the power of the AFPC to adjust APCSs under section 216, the AFPC may adjust the special APCS under that section.