Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_90l
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 90L
Character Range: 115335–116985

90L  The guarantee where only basic periodic rates of pay are involved

 (1) This section applies if:
 (a) the AFPC proposes to exercise any of the following powers (subject to subsection (4)):
 (i) adjusting the standard FMW;
 (ii) adjusting a preserved APCS;
 (iii) determining or adjusting a new APCS;
 (iv) revoking a preserved or new APCS; and
 (b) immediately after the exercise of the power takes effect, there will, under section 90F, be a guaranteed basic periodic rate of pay (the resulting guaranteed basic periodic rate) for a particular employee affected by the exercise of the power; and
 (c) immediately after the reform commencement (and after any relevant adjustments mentioned in sections 90ZE to 90ZH took effect), there would, under section 90F, have been a guaranteed basic periodic rate of pay (the commencement guaranteed basic periodic rate) for the employee if the employee had at that time been in his or her current circumstances of employment.

 (2) The AFPC must ensure that the result of the exercise of the power, so far as it affects the employee, is such that the resulting guaranteed basic periodic rate of pay for the employee will not be less than the commencement guaranteed basic periodic rate of pay for the employee.

 (3) 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.

 (4) This section does not limit the AFPC's power to make APCSs for the purpose of section 90ZP or 90ZQ, or to adjust APCSs made for the purpose of either of those sections.