Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:9_5
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 9 cl 5
Character Range: 383310–385689

5  Continuation of Australian Fair Pay and Conditions Standard wages provisions
(1) Division 2 (other than as provided in subitem (2)) of Part 7 of the WR Act continues to apply on and after the WR Act repeal day in accordance with this Part. That Division as it continues to apply is the continued AFPCS wages provisions.
Note 1: Part 7 of the WR Act contains the Australian Fair Pay and Conditions Standard. Schedule 4 provides for the continued application of the rest of the Standard during the bridging period. The effect of this Division is not limited just to the bridging period.
Note 2: Schedule 3 provides for the continued application of the rules about the interaction between transitional instruments and the Australian Fair Pay and Conditions Standard.
(2) The continued application of Division 2 of Part 7 of the WR Act has effect subject to the following paragraphs:
 (a) subsections 182(1) and (2), and Subdivisions H, I, L and M, cease to apply when there are no longer any employees covered by transitional APCSs (see also item 11);
 (b) subsections 182(3) and (4), section 185 and Subdivision G cease to apply at the end of the bridging period (see also item 12;
 (c) Subdivision D does not continue to apply at all;
 (d) Subdivisions E, F, K and N cease to apply after the AFPC has ceased to exist (see item 7 of Schedule 18).
(3) Without limiting subitem (1) (but subject to subitem (2)), each of the following, as it was under Division 2 of Part 7 of the WR Act immediately before the WR Act repeal day, continues to exist, as a transitional minimum wage instrument, in accordance with this Part on and after that day:
 (a) an APCS, which continues as a transitional APCS;
 (b) the rate of the standard FMW, which continues as the transitional standard FMW;
 (c) a special FMW, which continues as a transitional special FMW;
 (d) the rate of the default casual loading, which continues as the transitional default casual loading.
Note: APCS is short for Australian Pay and Classification Scale. FMW is short for Federal Minimum Wage.
(4) Despite item 6 of Schedule 2, the following provisions of Part 21 of the WR Act do not apply in relation to the continued AFPCS wages provisions:
 (a) subparagraph 861(1)(d)(iii);
 (b) section 865.
Note: Paragraph (a) has a flow‑through effect to the reference in subparagraph 885(1)(j) of the WR Act to section 861.