Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_492
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 492
Character Range: 790611–792570

492  Additional effect of Act—Australian Fair Pay and Conditions Standard

 (1) Without affecting its operation apart from this section, Part VA also has effect in relation to the employment of any employee in Victoria, and for this purpose:
 (a) each reference in that Part to an employer (within the meaning of that Part) is to be read as a reference to an employer (within the meaning of this Division) in Victoria; and
 (b) each reference in that Part to an employee (within the meaning of that Part) is to be read as a reference to an employee (within the meaning of this Division) in Victoria; and
 (c) each reference in that Part to employment (within the meaning of that Part) is to be read as a reference to the employment of an employee (within the meaning of this Division) in Victoria; and
 (d) Division 2 of Part VA has effect as if the following provisions had not been enacted:
 (i) Subdivisions D, E, F, I, K and L of that Division;
 (ii) sections 90ZA, 90ZB, 90ZC, 90ZL and 90ZM;
 (iii) subsections 90F(3) and (4);
 (iv) item 3 of the table in subsection 90H(3);
 (v) paragraph 90W(2)(b); and
 (e) Division 2 of Part VA has effect as if an order that was in force under repealed section 501 or 501A on the reform comparison day (within the meaning of that Division) were a pre‑reform federal wage instrument (within the meaning of that Division); and
 (f) section 89E has effect as if Part VIIA had been modified in a corresponding way to the way in which Part VA is modified by paragraphs (a), (b) and (c); and
 (g) Part VA has effect as if Division 6 of that Part had not been enacted.

 (2) Subsection (1) has effect subject to:
 (a) sections 495, 496, 497, 498 and 525; and
 (b) clause 30 of Schedule 14.

 (3) The repeal of sections 501 and 501A by the Workplace Relations Amendment (Work Choices) Act 2005 does not affect the continuity of an APCS (within the meaning of Part VA) derived from an order under either of those sections.