Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_90zn
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 90ZN
Character Range: 145447–146999

90ZN  Adjustments to incorporate 2005 Safety Net Review

 (1) This section applies in relation to a preserved APCS if:
 (a) the APCS is derived from a pre‑reform federal wage instrument referred to in paragraph (a) of the definition of pre‑reform federal wage instrument in section 90B; and
 (b) either:
 (i) in accordance with the Commission's wage fixing principles that applied at that time, the Commission (before the reform commencement) adjusted the instrument in accordance with the Commission's 2004 Safety Net Review decision; or
 (ii) the instrument took effect after the Commission's 2004 Safety Net Review decision; and
 (c) the Commission did not, before the reform commencement, adjust the instrument in accordance with the Commission's 2005 Safety Net Review decision.

 (2) The AFPC must adjust the rate provisions of the preserved APCS to increase rates in accordance with the Commission's 2005 Safety Net Review decision (if applicable), except to the extent that the AFPC is satisfied it is not appropriate to do so because of the effect of subsection 90ZD(3A).

 (3) The adjustment must be made as part of the first exercise of the powers of the AFPC under this Division.

 (4) After the adjustment has been made, section 90L has effect in relation to an employee as if the adjustment had been made to the pre‑reform federal wage instrument immediately before the reform commencement.

Note: This subsection ensures that the post‑adjustment rate is the rate against which compliance with the guarantee in section 90L is measured.