Section 294 - Fair Work Act 2009 - Content of national minimum wage order—main provisions

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

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

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

294Content of national minimum wage order—main provisions

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