Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_497
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 497
Character Range: 795624–796903

497  Guarantee against reductions below pre‑reform basic periodic rates of pay

 (1) This section applies if:
 (a) the AFPC proposes to exercise its power under subsection 495(1) to adjust a preserved APCS; and
 (b) immediately after the exercise of the power takes effect, there will, under section 90F, be a guaranteed basic periodic rate of pay (the resulting guaranteed basic periodic rate) for a particular employee (within the meaning of this Division) in Victoria who is affected by the exercise of the power; and
 (c) immediately after the reform commencement (and after any relevant adjustments mentioned in sections 90ZE to 90ZH took effect), there would, under section 90F, have been a guaranteed basic periodic rate of pay (the commencement guaranteed basic periodic rate) for the employee if the employee had at that time been in his or her current circumstances of employment.

 (2) The AFPC must ensure that the result of the exercise of the power, so far as it affects the employee, is such that the resulting guaranteed basic periodic rate of pay for the employee will not be less than the commencement guaranteed basic periodic rate of pay for the employee.

 (3) In this section:

basic periodic rate of pay has the same meaning as in Division 2 of Part VA.