Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_90zc
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 90ZC
Character Range: 133828–135213

90ZC  Deeming APCS rates to at least equal FMW rates after first exercise of AFPC's powers takes effect

 (1) This section applies at all times after the first exercise of powers by the AFPC under this Division takes effect. If the first exercise of powers involves the exercise of powers taking effect at different times, this section applies at all times after the earliest of those times.

 (2) Subject to subsection (3), if:
 (a) there is an FMW for an employee at a particular time when this section applies; and
 (b) an APCS that covers the employment of the employee determines a basic periodic rate of pay for the employee at that time that is less than that FMW;
the basic periodic rate of pay determined by the APCS for the employee at that time is taken to be equal to the rate that is the FMW for the employee at that time.

Note: This subsection ensures that the employee will, under subsection 90F(1), be guaranteed a rate that equals the FMW rate, rather than the lower APCS rate.

 (3) Subsection (2) does not apply in relation to a special FMW and a particular APCS 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).

Subdivision H—Australian Pay and Classification Scales: preserved APCSs