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Industrial Relations Act 2016
sec.136Order setting minimum wages and conditions
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### sec.136 Order setting minimum wages and conditions
The commission may make an order fixing minimum wages and employment conditions for the following employees, whether or not they are employed under an industrial instrument—
apprentices or trainees;
different classes of apprentices or trainees.
In making an order, the commission may consider any matter it considers relevant, including—
the age, competency, or method of progression through training of the apprentices or trainees; and
an industrial instrument.
Despite section 135 , if there is an inconsistency between an order and an industrial instrument (other than a certified agreement), the order prevails to the extent of the inconsistency.
The commission may make an order—
of the commission’s own initiative; or
on application by—
the chief executive (training); or
an organisation; or
a State peak council; or
the Minister; or
another entity with an interest in apprentices or trainees.
In this section—
industrial instrument includes a federal award or federal agreement.
(sec.136-ssec.1) The commission may make an order fixing minimum wages and employment conditions for the following employees, whether or not they are employed under an industrial instrument— apprentices or trainees; different classes of apprentices or trainees.
(sec.136-ssec.2) In making an order, the commission may consider any matter it considers relevant, including— the age, competency, or method of progression through training of the apprentices or trainees; and an industrial instrument.
(sec.136-ssec.3) Despite section 135 , if there is an inconsistency between an order and an industrial instrument (other than a certified agreement), the order prevails to the extent of the inconsistency.
(sec.136-ssec.4) The commission may make an order— of the commission’s own initiative; or on application by— the chief executive (training); or an organisation; or a State peak council; or the Minister; or another entity with an interest in apprentices or trainees.
(sec.136-ssec.5) In this section— industrial instrument includes a federal award or federal agreement.
- (a) apprentices or trainees;
- (b) different classes of apprentices or trainees.
- (a) the age, competency, or method of progression through training of the apprentices or trainees; and
- (b) an industrial instrument.
- (a) of the commission’s own initiative; or
- (b) on application by— (i) the chief executive (training); or (ii) an organisation; or (iii) a State peak council; or (iv) the Minister; or (v) another entity with an interest in apprentices or trainees.
- (i) the chief executive (training); or
- (ii) an organisation; or
- (iii) a State peak council; or
- (iv) the Minister; or
- (v) another entity with an interest in apprentices or trainees.
- (i) the chief executive (training); or
- (ii) an organisation; or
- (iii) a State peak council; or
- (iv) the Minister; or
- (v) another entity with an interest in apprentices or trainees.