South Australian Current Acts South Australian Current Acts42—Federal minimum wage safety net
(1) Despite the
preceding sections in this Subdivision, if the combined amount that a worker
would receive in respect of any incapacity for work in any week applying under
any such section would result in the worker receiving less than the Federal
minimum wage (adjusted, in the case of a worker who was working at the
relevant date on a part-time basis so as to provide a pro-rata payment), the
amount of compensation payable under this Subdivision will be increased so
that the combined amount equals the Federal minimum wage (or, if relevant, the
Federal minimum wage as so adjusted).
(2) For the purposes
of this section—
(a) a
reference to the combined amount is a reference to the combined total of the
amount of compensation that would otherwise be payable under this Subdivision
and the amount of the designated weekly earnings of the worker; and
(b) a
reference to the relevant date is a reference to the date on which the
relevant injury occurs; and
(c) a
reference to a worker who is working on a part-time basis will be determined
after taking into account the usual work patterns of workers in employment of
the kind in which the worker was working at the relevant date.
(3) The component of
the relevant amount under subsection (1) that is constituted by the
Federal minimum wage will be adjusted from time to time to reflect changes to
the wages applying under a national minimum wage order under Part 2-6 of
the Fair Work Act 2009 of the Commonwealth in accordance with a scheme
prescribed by the regulations.