Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_90ga
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 90GA
Character Range: 108674–109955

90GA  Modified operation of section 90F to continue effect of Supported Wage System for certain employees with a disability

 (1) This section applies to the employment of an employee with a disability if:
 (a) subsection 90F(1) applies (disregarding this section) to the employment of the employee; and
 (b) the APCS that covers the employee's employment does not determine the basic periodic rate of pay for the employee as a rate that is specific to employees with disabilities; and
 (c) the employee is eligible for the Supported Wage System; and
 (d) the employee's employment is covered by a workplace agreement; and
 (e) the workplace agreement provides for the payment of a basic periodic rate of pay to the employee at a rate that is not less than the rate (the SWS‑compliant rate of pay) set in accordance with the Supported Wage System.

Note: The Supported Wage System was endorsed by the Commission in the Full Bench decision dated 10 October 1994 (print L5723).

 (2) If this section applies to the employment of the employee, subsection 90F(1) has effect as if the guaranteed basic periodic rate of pay under that subsection for the employment of the employee were instead a rate equal to the SWS‑compliant rate of pay.

Subdivision C—Guarantee of casual loadings