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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