Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_498
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 498
Character Range: 796903–798194

498  Guarantee against reductions below pre‑reform casual loadings that apply to basic periodic rates of pay

 (1) This section applies in relation to the exercise by the AFPC of its power under subsection 495(1) to adjust a preserved APCS.

 (2) The AFPC must ensure that the result of the exercise of the power, so far as it affects a particular casual employee (within the meaning of this Division) in Victoria, is such that the resulting guaranteed casual loading percentage for the employee will not be less than the commencement guaranteed casual loading percentage for the employee.

 (3) For the purposes of subsection (2):
 (a) the resulting guaranteed casual loading percentage for the employee is the guaranteed casual loading percentage referred to in section 90H for the employee, as it will be immediately after the exercise of the power takes effect; and
 (b) the commencement guaranteed casual loading percentage for the employee is the percentage that, immediately after the reform commencement (and after any relevant adjustments mentioned in sections 90ZE to 90ZH took effect), would have been the guaranteed casual loading percentage referred to in section 90H for the employee if the employee had, at that time, been in his or her current circumstances of employment.