Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_90o
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 90O
Character Range: 120917–122780

90O  The guarantee

 (1) Subject to subsection (3), when exercising its power to make an APCS, or to adjust an APCS, the AFPC must ensure that the rate provisions in the APCS are such that the resulting APCS basic periodic rate of pay for each employee:
 (a) whose employment will be covered by the APCS immediately after the exercise of the power; and
 (b) for whom there will be an FMW immediately after the exercise of the power; and
 (c) who will not be an APCS piece rate employee immediately after the exercise of the power;
is not less than that FMW.

Note 1: This section does not apply to rates determined by rate provisions as initially included in a preserved APCS from a pre‑reform wage instrument as mentioned paragraph 90ZD(1)(a). However, this section does apply to any subsequent adjustment of those rate provisions, or to any new APCS that replaces the preserved APCS.

Note 2: See also section 90ZC (deeming APCS rates to at least equal FMW rates after first exercise of powers under this Division by the AFPC).

 (2) For the purposes of subsection (1), the resulting APCS basic periodic rate of pay for an employee is the basic periodic rate of pay that will be payable to the employee under the APCS immediately after the exercise of the power by the AFPC takes effect.

 (3) The requirement in subsection (1) does not apply in relation to a special FMW unless the determination of the special FMW includes a statement to the effect that the special FMW is a minimum standard for all APCSs, for a class of APCSs that includes the APCS or for the particular APCS (see section 90T).

 (4) 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.

Subdivision F—Federal Minimum Wages (FMWs)