Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 870

             (1)  This section applies to an agreement under Part 8 (as that Part has effect because of section 869).

             (2)  The agreement must contain an express term to the effect that, for so long as an employee is subject to the agreement, the basic periodic rate of pay that is payable to the employee must not be less than:

                     (a)  if a basic periodic rate of pay would have been applicable to the employee under the Australian Fair Pay and Conditions Standard if the employee had not been subject to an award or the agreement--the basic periodic rate of pay that would so have been applicable; or

                     (b)  if:

                              (i)  paragraph (a) does not apply to the employee; and

                             (ii)  the employee is a junior employee, an employee with a disability, or an employee to whom a training arrangement applies;

                            the rate of pay specified in, or worked out in accordance with a method specified in, regulations made for the purposes of this paragraph; or

                     (c)  if neither paragraph (a) nor (b) applies to the employee--the standard FMW.

             (3)  The agreement is void if the requirement in subsection (2) is not satisfied.

             (4)  In this section:

"basic periodic rate of pay" has the same meaning as in Division 2 of Part 7.

"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.

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

"standard FMW" has the same meaning as in Division 2 of Part 7.