Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_90b:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 90B (pt 1/4)
Character Range: 90478–93264

90B  Definitions

  In this Division:

APCS means a preserved APCS or a new APCS.

Note: APCS is short for Australian Pay and Classification Scale.

APCS piece rate employee means an employee in relation to whom the following paragraphs are satisfied:
 (a) the employee's employment is covered by an APCS;
 (b) the rate provisions of the APCS determine one or more basic piece rates of pay that apply to the employment of the employee.

basic periodic rate of pay means a rate of pay for a period worked (however the rate is described) that does not include incentive‑based payments and bonuses, loadings, monetary allowances, penalty rates or any other similar separately identifiable entitlements. The meaning of basic periodic rate of pay is also affected by section 90ZF.

Note: Most of the kinds of entitlement excluded from this definition are allowable award matters (see section 116).

basic piece rate of pay means a piece rate of pay, other than a piece rate of pay that is payable, as an incentive‑based payment or bonus, in addition to a basic periodic rate of pay.

Note: Incentive‑based payments and bonuses are allowable award matters.

casual loading: the meaning of casual loading is affected by section 90ZF.

casual loading provisions has the meaning given by section 90C.

classification has the meaning given by section 90D.

coverage provisions means:
 (a) for a pre‑reform wage instrument—all provisions (whether of that instrument or of another instrument or law), as in force on the reform comparison day, that would have affected the determination of whether the employment of any particular employee was covered by the instrument on that day; or
 (b) for an APCS—provisions of the APCS that determine whether the employment of a particular employee is covered by the APCS.

Note: For a preserved APCS, the coverage provisions will (at least initially) be the coverage provisions for the pre‑reform wage instrument from which the APCS is derived (see paragraph 90ZD(1)(f)).

covered: for when the employment of a particular employee is covered by a particular APCS, see sections 90Z and 90ZA.

current circumstances of employment, in relation to an employee, includes any current circumstance of or relating to the employee's employment.

default casual loading percentage has the meaning given by subsection 90I(1).

derived from: for when a preserved APCS is derived from a particular pre‑reform wage instrument, see subsection 90ZD(2).

employee with a disability means an employee who is qualified for a disability support pension as set out in section 94 or 95 of the Social Security Act 1991, or who would be so qualified but for paragraph 94(1)(e) or 95(1)(c) of that Act.

FMW for an employee: for when there is an FMW for an employee, see section 90P.