Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 135

Special provisions relating to modern award minimum wages

             (1)  Modern award minimum wages cannot be varied under this Part except as follows:

                     (a)  modern award minimum wages can be varied if the FWC is satisfied that the variation is justified by work value reasons (see subsections 156(3) and 157(2));

                     (b)  modern award minimum wages can be varied under section 160 (which deals with variation to remove ambiguities or correct errors) or section 161 (which deals with variation on referral by the Australian Human Rights Commission).

Note 1:       The main power to vary modern award minimum wages is in annual wage reviews under Part 2-6. Modern award minimum wages can also be set or revoked in annual wage reviews.

Note 2:       For the meanings of modern award minimum wages , and setting and varying such wages, see section 284.

             (2)  In exercising its powers under this Part to set, vary or revoke modern award minimum wages, the FWC must take into account the rate of the national minimum wage as currently set in a national minimum wage order.



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