Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 294

Content of national minimum wage order--main provisions

Setting minimum wages and the casual loading

  (1)   A national minimum wage order:

  (a)   must set the national minimum wage; and

  (b)   must set special national minimum wages for all award/agreement free employees in the following classes:

  (i)   junior employees;

  (ii)   employees to whom training arrangements apply;

  (iii)   employees with a disability; and

  (c)   must set the casual loading for award/agreement free employees.

Note:   A national minimum wage order must be made in each annual wage review (see section   285).

Requiring employers to pay minimum wages and the casual loading

  (2)   The order:

  (a)   must require employers to pay employees to whom the national minimum wage applies a base rate of pay that at least equals the national minimum wage; and

  (b)   must require employers to pay to employees to whom a special national minimum wage applies a base rate of pay that at least equals that special national minimum wage; and

  (c)   must require employers to pay, to award/agreement free employees who are casual employees, a casual loading that at least equals the casual loading for award/agreement free employees (as applied to the employees' base rates of pay).

What employees does the national minimum wage apply to?

  (3)   The national minimum wage applies to all award/agreement free employees who are not:

  (a)   junior employees; or

  (b)   employees to whom training arrangements apply; or

  (c)   employees with a disability.

What employees does a special national minimum wage apply to?

  (4)   A special national minimum wage applies to the employees to whom it is expressed in the order to apply. Those employees must be:

  (a)   all junior employees who are award/agreement free employees, or a specified class of those employees; or

  (b)   all employees to whom training arrangements apply and who are award/agreement free employees, or a specified class of those employees; or

  (c)   all employees with a disability who are award/agreement free employees, or a specified class of those employees.


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