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MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
4. Application to Crown
PART 2 -- Application of minimum conditions
5. Minimum conditions implied in awards etc.
6. Application offshore
7. Enforcement of minimum conditions
8. Cashing out of accrued annual leave
PART 2A -- Reasonable hours of work
9A. Maximum hours of work
9B. Reasonable additional hours
PART 3 -- Minimum rates of pay
Division 1 -- General
10. Entitlement of employees to be paid minimum rate of pay
11. Minimum rate of pay for casual employees includes loading
12. Minimum weekly rate of pay for employees aged 21 or more
13. Minimum weekly rate of pay for employees aged under
14. Minimum weekly rates of pay for apprentices
Division 2 -- Employees with disabilities
15. Terms used
16. Application of Act to employee with disability
17. Minimum pay for employee with disability
PART 3A -- Other requirements as to pay
17A. Terms used
17B. Employee not to be compelled to accept other than money for pay
17BA. Employees and prospective employees not to be unreasonably compelled to spend or pay amount
17C. Employee’s pay, methods of payment
17D. Authorised deductions from pay
17E. Certain terms of no effect
PART 4 -- Minimum leave conditions
Division 1 -- Preliminary
18. Paid leave, how pay calculated
Division 2 -- Personal leave
19. Personal leave
20. Entitlement to paid personal leave
21. Entitlement to unpaid personal leave
22. Certain matters as to personal leave not minimum conditions
22A. Employee to prove entitlements to personal leave
Division 3 -- Annual leave
23. Paid annual leave, entitlement to
24. Annual leave payments, when to be made
25. Annual leave, when may be taken
26. General Order as to annual leave of no effect
Division 4 -- Bereavement leave
27. Paid bereavement leave, entitlement to
28. Proof of entitlement may be required
Division 5 -- Public holidays
30. Public holidays, entitlement to pay for
31. Penalty rates for work on public holidays not a minimum condition
Division 6 -- Parental leave
32. Terms used
33. Unpaid parental leave, entitlement to
34. Maternity leave to start 6 weeks before birth
35. Employee to prove entitlement to parental leave
36. Employee to notify employer of spouse’s parental leave
37. Parental leave period, notice to employer of etc.
38. Return to work after parental leave
38A. How and when a request or requirement as to parental leave or return to work can be made
38B. Grounds for determining a request or making a requirement as to parental leave or return to work
39. Effect of parental leave on service record
Division 7 -- Unpaid family and domestic violence leave
39A. Terms used
39B. Entitlement to unpaid family and domestic violence leave
39C. Taking unpaid family and domestic violence leave
39D. Employee to prove entitlements to unpaid family and domestic violence leave
39E. Confidentiality
PART 5 -- Minimum conditions for employment changes with significant effect, and redundancy
40. Terms used
41. Employee to be informed
42. Employer not bound to disclose prejudicial information
43. Paid leave for job interviews, entitlement to
PART 7 -- Regulations
47. Regulations
PART 8 -- Transitional provisions for Industrial Relations Legislation Amendment Act 2021
48. Term used: commencement day
49. Employees with disabilities
50. “Under rate employee” provisions in awards
SCHEDULE 1 -- Public holidays
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