Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 178

                   In this Division:

"APCS" means a preserved APCS or a new APCS.

Note:          APCS is short for Australian Pay and Classification Scale.

"APCS piece rate employee" means an employee in relation to whom the following paragraphs are satisfied:

                     (a)  the employee's employment is covered by an APCS;

                     (b)  the rate provisions of the APCS determine one or more basic piece rates of pay that apply to the employment of the employee.

"basic periodic rate of pay" means a rate of pay for a period worked (however the rate is described) that does not include incentive-based payments and bonuses, loadings, monetary allowances, penalty rates or any other similar separately identifiable entitlements. The meaning of basic periodic rate of pay is also affected by section 210.

Note:          Most of the kinds of entitlement excluded from this definition are allowable award matters (see section 513).

"basic piece rate of pay" means a piece rate of pay, other than a piece rate of pay that is payable, as an incentive-based payment or bonus, in addition to a basic periodic rate of pay.

Note:          Incentive‑based payments and bonuses are allowable award matters.

"casual loading" : the meaning of casual loading is affected by section 210.

"casual loading provisions" has the meaning given by section 179.

"classification" has the meaning given by section 180.

"coverage provisions" means:

                     (a)  for a pre‑reform wage instrument--all provisions (whether of that instrument or of another instrument or law), as in force on the reform comparison day, that would have affected the determination of whether the employment of any particular employee was covered by the instrument on that day; or

                     (b)  for an APCS--provisions of the APCS that determine whether the employment of a particular employee is covered by the APCS.

Note:          For a preserved APCS, the coverage provisions will (at least initially) be the coverage provisions for the pre‑reform wage instrument from which the APCS is derived (see paragraph 208(1)(g)).

"covered" : for when the employment of a particular employee is covered by a particular APCS, see sections 204 and 205.

"current circumstances of employment" , in relation to an employee, includes any current circumstance of or relating to the employee's employment.

"default casual loading percentage" has the meaning given by section 186.

"derived from" : for when a preserved APCS is derived from a particular pre-reform wage instrument, see subsection 208(2).

"employee with a disability means an employee who is qualified " for a disability support pension as set out in section 94 or 95 of the Social Security Act 1991 , or who would be so qualified but for paragraph 94(1)(e) or 95(1)(c) of that Act.

"FMW for an employee" : for when there is an FMW for an employee, see section 194.

Note:          FMW is short for Federal Minimum Wage.

"frequency of payment provisions" means:

                     (a)  for a pre‑reform wage instrument--provisions (whether of that instrument or of another instrument or law), as in force on the reform comparison day, that would have determined the frequency with which an employee covered by the instrument had to be paid; or

                     (b)  for an APCS, a workplace agreement or a contract of employment--provisions of the APCS, workplace agreement or contract that determine the frequency with which an employee covered by the APCS, workplace agreement or contract must be paid.

Note:          For a preserved APCS, the frequency of payment provisions will (at least initially) be the frequency of payment provisions (if any) for the pre‑reform wage instrument from which the APCS is derived (see paragraph 208(1)(f)).

"junior employee" means an employee who is under the age of 21.

"new APCS" means an APCS determined under subsection 214(1) of this Act before the repeal of that subsection by the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 .

"piece rate of pay" means a rate of pay that is expressed as a rate for a quantifiable output or task (as opposed to being expressed as a rate for a period worked).

Note:          The following are examples of piece rates of pay:

(a)           a rate of pay calculated by reference to number of articles produced;

(b)           a rate of pay calculated by reference to number of kilometres travelled;

(c)           a rate of pay calculated by reference to number of articles delivered;

(d)           a rate of pay calculated by reference to number of articles sold;

(e)           a rate of pay calculated by reference to number of tasks performed.

"pre-reform federal wage instrument" means:

                     (a)  an award (as defined in subsection 4(1) of this Act as in force immediately before the reform commencement) as in force immediately before the reform commencement, but not including:

                              (i)  an order under section 120A of this Act as then in force; or

                             (ii)  an award under section 170MX of this Act as then in force; or

                     (b)  sections 552 and 555 of this Act as in force immediately before the reform commencement; or

                     (c)  a law, or a provision of a law, of the Commonwealth, being a law or provision:

                              (i)  as in force immediately before the reform commencement; and

                             (ii)  that is specified, or is of a kind specified, in regulations made for the purposes of this paragraph; or

                     (d)  an instrument made under a law, or a provision of a law, of the Commonwealth, being an instrument:

                              (i)  as in force immediately before the reform commencement; and

                             (ii)  that is specified, or is of a kind specified, in regulations made for the purposes of this paragraph.

Note:          For when regulations made for the purpose of paragraph (c) or (d) may be expressed to take effect, see section 213.

"pre-reform non-federal wage instrument" means a pre-reform State wage instrument or a pre-reform Territory wage instrument.

"pre-reform State wage instrument" means:

                     (a)  a State award (as defined in subsection 4(1) of this Act as in force immediately before the reform commencement) as in force immediately before the reform commencement; or

                     (b)  a law, or a provision of a law, of a State, being a law or provision:

                              (i)  as in force immediately before the reform commencement; and

                             (ii)  that entitled employees, or a particular class of employees, to payment of a particular rate of pay; or

                     (c)  a law, or a provision of a law, of a State, being a law or provision:

                              (i)  as in force immediately before the reform commencement; and

                             (ii)  that is specified, or is of a kind specified, in regulations made for the purposes of this paragraph; or

                     (d)  an instrument made under a law, or a provision of a law, of a State, being an instrument:

                              (i)  as in force immediately before the reform commencement; and

                             (ii)  that is specified, or is of a kind specified, in regulations made for the purposes of this paragraph.

Note:          For when regulations made for the purpose of paragraph (c) or (d) may be expressed to take effect, see section 213.

"pre-reform Territory wage instrument" means:

                     (a)  a law, or a provision of a law, of a Territory, being a law or provision:

                              (i)  as in force immediately before the reform commencement; and

                             (ii)  that entitled employees, or a particular class of employees, to payment of a particular rate of pay; or

                     (b)  a law, or a provision of a law, of a Territory, being a law or provision:

                              (i)  as in force immediately before the reform commencement; and

                             (ii)  that is specified, or is of a kind specified, in regulations made for the purposes of this paragraph; or

                     (c)  an instrument made under a law, or a provision of a law, of a Territory, being an instrument:

                              (i)  as in force immediately before the reform commencement; and

                             (ii)  that is specified, or is of a kind specified, in regulations made for the purposes of this paragraph.

Note:          For when regulations made for the purpose of paragraph (b) or (c) may be expressed to take effect, see section 213.

"pre-reform wage instrument" means a pre-reform federal wage instrument or a pre-reform non-federal wage instrument.

"preserved APCS" has the meaning given by subsection 208(1).

"pro-rata disability pay method" means a method for determining a rate of pay for employees with a disability, being a method that determines the rate by reference to the relative capacities of those employees.

"rate provisions" has the meaning given by section 181.

"reform comparison day" means the day before the day on which the reform commencement occurs.

"special FMW" means a special FMW determined under section 197 of this Act before the repeal of that section by the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 .

"standard FMW" has the meaning given by section 195.