Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 189

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.

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.