Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_90ka
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 90KA
Character Range: 113310–115335

90KA  The guarantee

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;
the employer must comply with those provisions in relation to the employee.

APCS applies but does not contain frequency of payment provisions

 (2) If:
 (a) the employment of an employee is covered by an APCS; but
 (b) the APCS does not contain 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 that apply in relation to the employee's employment—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 that apply in relation to the employee's employment—the employer must comply with those provisions in relation to the employee; or
 (e) if neither paragraph (c) nor (d) applies—the employer must pay the employee on the basis of fortnightly payments in arrears.

Other situations

 (3) If the employment of an employee is not covered by an APCS, then:
 (a) if a workplace agreement that covers the employment of the employee contains frequency of payment provisions that apply in relation to the employee's employment—the employer must comply with those provisions in relation to the employee; or
 (b) if paragraph (a) does not apply, and the employee's contract of employment contains frequency of payment provisions that apply in relation to the employee's employment—the employer must comply with those provisions in relation to the employee; or
 (c) if neither paragraph (a) nor (b) applies—the employer must pay the employee on the basis of fortnightly payments in arrears.

Subdivision D—Guarantee against reductions below pre‑reform commencement rates