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WORKPLACE RELATIONS ACT 1996 - SECT 622 Relationship of this Division to AFPC decisions and the Australian Fair Pay and Conditions Standard

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 622

Relationship of this Division to AFPC decisions and the Australian Fair Pay and Conditions Standard

             (1)  The Commission is to have regard to decisions of the AFPC in making orders under this Division.

             (2)  The Commission must not deal with an application for an order under this Division, to the extent to which the application is for an order relating to a basic periodic rate of pay, a basic piece rate of pay or casual loading, if:

                     (a)  the group of employees who would be covered by the order applied for; and

                     (b)  the comparator group of employees;

are both entitled to a rate of pay that is equal to the applicable guaranteed rate of pay under the provisions of the Australian Fair Pay and Conditions Standard contained in Division 2 of Part 7.

             (3)  To avoid doubt, subsection (2) does not apply if employees in one or both of the groups are entitled to a rate of pay higher than the applicable guaranteed rate.

             (4)  The Commission must not deal with an application for an order under this Division, to the extent to which the application is for an order relating to a basic periodic rate of pay, a basic piece rate of pay or casual loading, if:

                     (a)  the group of employees who would be covered by the order applied for is entitled to a rate of pay that is higher than the rate of pay the group would be entitled to under the provisions of the Australian Fair Pay and Conditions Standard contained in Division 2 of Part 7; and

                     (b)  the comparator group of employees is entitled to a rate of pay that is equal to the applicable guaranteed rate of pay under the provisions of the Australian Fair Pay and Conditions Standard contained in Division 2 of Part 7.

             (5)  To avoid doubt, subsection (4) does not apply if the comparator group of employees is entitled to a rate of pay higher than the applicable guaranteed rate.

             (6)  To avoid doubt, subsections (2) and (4) apply regardless of the source of the employee's entitlement to be paid the rate of pay.

             (7)  In this section:

"basic periodic rate of pay" has the same meaning as in Division 2 of Part 7.

"basic piece rate of pay" has the same meaning as in Division 2 of Part 7.

"casual loading" has the same meaning as in Division 2 of Part 7.

"comparator group of employees" means employees whom the applicant contends are performing work of equal value to the work performed by the employees to whom the application relates.