Document ID: chunk:federal_register_of_legislation:C2008C00428:clause:5_1
Version: federal_register_of_legislation:C2008C00428
Segment Type: clause
Provision Reference: sch 5 cl 1
Character Range: 57274–58405

1  Subsection 189(1)
Repeal the subsection, substitute:

APCS applies and contains frequency of payment provisions

 (1) If:
 (a) the employment of an employee is covered by an APCS; and
 (b) the APCS contains frequency of payment provisions that apply in relation to the employee's employment;
then:
 (c) if a workplace agreement that covers the employment of the employee contains frequency of payment provisions:
 (i) that apply in relation to the employee's employment; and
 (ii) that provide for payments in respect of periods of one month or less;
  the employer must comply with those provisions in relation to the employee; or
 (d) if paragraph (c) does not apply, and the employee's contract of employment contains frequency of payment provisions:
 (i) that apply in relation to the employee's employment; and
 (ii) that provide for payments in respect of periods of one month or less;
  the employer must comply with those provisions in relation to the employee; or
 (e) if neither paragraph (c) nor (d) applies—the employer must comply with the frequency of payment provisions of the APCS in relation to the employee.