Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_90n
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 90N
Character Range: 118737–120917

90N  The guarantee for casual loadings that apply to basic periodic rates of pay

 (1) This section applies in relation to the exercise by the AFPC of any of the following powers:
 (a) adjusting a preserved APCS;
 (b) determining or adjusting a new APCS;
 (c) revoking a preserved or new APCS;
 (d) adjusting the default casual loading percentage.

 (2) The AFPC must ensure that the result of the exercise of the power, so far as it affects any particular employee to whom this Division applies (other than an employee who will, after the exercise of the power, be an APCS piece rate employee), is such that the resulting guaranteed casual loading percentage for the employee will not be less than the commencement guaranteed casual loading percentage for the employee.

 (3) For the purposes of subsection (2):
 (a) the resulting guaranteed casual loading percentage for the employee is the guaranteed casual loading percentage referred to in section 90H for the employee, as it will be immediately after the exercise of the power takes effect; and
 (b) subject to subsection (4), the commencement guaranteed casual loading percentage for the employee is the percentage that, immediately after the reform commencement (and after any relevant adjustments mentioned in sections 90ZE to 90ZH took effect), would have been the guaranteed casual loading percentage referred to in section 90H for the employee if the employee had, at that time, been in his or her current circumstances of employment.

 (4) If:
 (a) the employee is a casual employee; and
 (b) the resulting guaranteed casual loading percentage is the default casual loading percentage because of item 3 of the table in subsection 90H(3);
the commencement guaranteed casual loading percentage for the employee is taken to be the default casual loading percentage, as it was immediately after the reform commencement.

 (5) In applying this section in relation to a particular exercise of a power by the AFPC, the effect of any other exercise of a power by the AFPC that takes effect at the same time must also be taken into account.

Subdivision E—The guarantee against reductions below Federal Minimum Wages (FMWs)