Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 202

             (1)  An APCS must contain:

                     (a)  either or both of the following:

                              (i)  rate provisions determining basic periodic rates of pay for employees whose employment is covered by the APCS;

                             (ii)  rate provisions determining basic piece rates of pay for employees whose employment is covered by the APCS; and

                     (b)  if the rate provisions determine different rates of pay for employees of different classifications--provisions describing those classifications; and

                     (c)  coverage provisions.

             (2)  An APCS may also contain:

                     (a)  casual loading provisions determining casual loadings for employees whose employment is covered by the APCS and for whom there are not basic piece rates of pay; and

                     (b)  if the casual loading provisions determine different casual loadings for employees of different classifications--provisions describing those classifications; and

                     (c)  provisions that determine, in relation to employees to whom training arrangements apply, whether hours attending off‑the‑job training (including hours attending an educational institution) are hours for which a basic periodic rate of pay is payable; and

                     (d)  frequency of payment provisions; and

                     (e)  other incidental provisions.

             (3)  Subject to subsection 208(4), rate provisions or casual loading provisions in an APCS must not include provisions under which a rate or casual loading provided for by the APCS will or may be increased by operation of the provisions and without anyone having to take any other action.

Note:          This does not prevent an APCS, or an adjustment of an APCS, from being expressed to take effect at a future date. However, it does prevent an APCS from containing provisions under which (for example):

(a)           there will be one or more specified increases of a rate or loading at a specified future time or times; or

(b)           rates of pay or loading are indexed periodically.

             (4)  The AFPC must not adjust an APCS so that it includes provisions that:

                     (a)  determine whether an employer who acquires a business (whether by transfer or in some other way) is covered by the APCS; or

                     (b)  give a person or body a power to make a decision that affects whether a person is covered by the APCS; or

                     (c)  give the Commission a direct or indirect role in determining a rate of pay or loading.

Note:          A preserved APCS may contain provisions referred to in subsection (4) that were contained in the pre‑reform wage instrument from which the APCS is derived, but the effect of those provisions is limited by sections 204 and 209.

             (5)  An APCS must not contain any provisions that purport to limit the duration of the APCS.

             (6)  Subject to the regulations, an APCS must not contain any other provisions.