Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_90m
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 90M
Character Range: 116985–118737

90M  The guarantee where basic piece 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) either or both of the following subparagraphs apply in relation to a particular employee who will be affected by the exercise of the power:
 (i) immediately after the exercise of the power takes effect, there will, under section 90F, be guaranteed basic piece rates of pay for the employee;
 (ii) 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 guaranteed basic piece rates of pay for the employee if the employee had at that time been in his or her current circumstances of employment.

 (2) The AFPC must exercise the power in a way that it considers will not result in an employee of average capacity, after the exercise of the power takes effect, being entitled to less basic pay per week than he or she would have been entitled to because of this Division immediately after the reform commencement if the employee had at that time been in his or her current circumstances of employment.

 (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.