Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_90b:p2
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 90B (pt 2/4)
Character Range: 93061–95656

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.

Note: FMW is short for Federal Minimum Wage.

frequency of payment provisions means:
 (a) for a pre‑reform wage instrument—provisions (whether of that instrument or of another instrument or law), as in force on the reform comparison day, that would have determined the frequency with which an employee covered by the instrument had to be paid; or
 (b) for an APCS, a workplace agreement or a contract of employment—provisions of the APCS, workplace agreement or contract that determine the frequency with which an employee covered by the APCS, workplace agreement or contract must be paid.

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

junior employee means an employee who is under the age of 21.

new APCS has the meaning given by subsection 90ZJ(1).

piece rate of pay means a rate of pay that is expressed as a rate for a quantifiable output or task (as opposed to being expressed as a rate for a period worked).

Note: The following are examples of piece rates of pay:

(a) a rate of pay calculated by reference to number of articles produced;

(b) a rate of pay calculated by reference to number of kilometres travelled;

(c) a rate of pay calculated by reference to number of articles delivered;

(d) a rate of pay calculated by reference to number of articles sold;

(e) a rate of pay calculated by reference to number of tasks performed.

pre‑reform federal wage instrument means:
 (a) an award (as defined in subsection 4(1) of this Act as in force immediately before the reform commencement) as in force immediately before the reform commencement, but not including:
 (i) an order under section 120A of this Act as then in force; or
 (ii) an award under section 170MX of this Act as then in force; or
 (b) sections 552 and 555 of this Act as in force immediately before the reform commencement; or
 (c) a law, or a provision of a law, of the Commonwealth, being a law or provision:
 (i) as in force immediately before the reform commencement; and
 (ii) that is specified, or is of a kind specified, in regulations made for the purposes of this paragraph; or
 (d) an instrument made under a law, or a provision of a law, of the Commonwealth, being an instrument:
 (i) as in force immediately