Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_90f
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 90F
Character Range: 101988–103988

90F  The guarantee

Guarantee of APCS basic periodic rates of pay

 (1) If:
 (a) the employment of an employee is covered by an APCS; and
 (b) the employee is not an APCS piece rate employee;
the employee must be paid a basic periodic rate of pay for each of the employee's guaranteed hours (pro‑rated for part hours) that is at least equal to the basic periodic rate of pay (the guaranteed basic periodic rate of pay) that is payable to the employee under the APCS.

Note: For what are the employee's guaranteed hours, see section 90G.

Guarantee of APCS piece rates of pay

 (2) If:
 (a) the employment of an employee is covered by an APCS; and
 (b) the employee is an APCS piece rate employee;
the employee must be paid basic piece rates of pay for his or her work that are at least equal to the basic piece rates of pay (the guaranteed basic piece rates of pay) that are payable to the employee under the APCS.

Guarantee of standard FMW

 (3) If:
 (a) the employment of an employee is not covered by an APCS; and
 (b) the employee is not a junior employee, an employee with a disability, or an employee to whom a training arrangement applies;
the employee must be paid a basic periodic rate of pay for each of the employee's guaranteed hours (pro‑rated for part hours) that is at least equal to the standard FMW (the guaranteed basic periodic rate of pay).

Note: For what are the employee's guaranteed hours, see section 90G.

Guarantee of special FMW

 (4) If:
 (a) the employment of an employee is not covered by an APCS; and
 (b) the employee is a junior employee, an employee with a disability, or an employee to whom a training arrangement applies; and
 (c) there is a special FMW for the employee;
the employee must be paid a basic periodic rate of pay for each of the employee's guaranteed hours (pro‑rated for part hours) that is at least equal to that special FMW (the guaranteed basic periodic rate of pay).

Note: For what are the employee's guaranteed hours, see section 90G.