Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Subsection 23(1), after definition of rehabilitation program
insert
relevant minimum wage , for an employee, means:
(a) if the employee:
(i) is an employee within the meaning of the Workplace Relations Act 1996 ; and
(ii) is not a junior employee or a trainee;
the Federal Minimum Wage for the employee; or
(b) if the employee is:
(i) an employee within the meaning of the Workplace Relations Act 1996 ; and
(ii) a junior employee;
either:
(iii) if the Australian Fair Pay Commission has made a special FMW that applies to the junior employee--that wage; or
(iv) in any other case--a rate of pay under an Australian Pay and Classification Scale applying to the junior employee; or
(c) if the employee is:
(i) an employee within the meaning of the Workplace Relations Act 1996 ; and
(ii) a trainee;
either:
(iii) if the Australian Fair Pay Commission has made a special FMW that applies to the trainee--that wage; or
(iv) in any other case--a rate of pay under an Australian Pay and Classification Scale applying to the trainee; or
(d) if the employee is an employee within the meaning of Schedule 6 to the Workplace Relations Act 1996 --award wages under the relevant transitional award; or
(e) in any other case--award wages.
[2] Subsection 94(5), definition of work , paragraph (a)
substitute
(a) that is for at least 30 hours per week on wages that are at or above the relevant minimum wage; and
[3] Subsection 542A(3), definition of work
substitute
work , in relation to a person, means work (whether full‑time, part‑time, permanent or casual) that:
(a) if the person was employed at the time the sickness or accident in question occurred--the person has contracted to perform under a contract of employment that:
(i) the person had immediately before the person becomes incapacitated; and
(ii) continues after the person becomes incapacitated; and
(b) if the person was not employed at that time--the person is reasonably capable of performing;
being work that is for at least 8 hours per week on wages that are at or above the relevant minimum wage.
[4] Subsection 596(4)
omit
or the Federal Court,
insert
, the Federal Court or the Federal Magistrates Court,
[5] Paragraph 603C(2), definition of work , paragraph (b)
substitute
(b) is for at least 8 hours per week on wages that are at or above the relevant minimum wage.
[6] Subsection 660XBE(4)
omit
or the Federal Court,
insert
, the Federal Court or the Federal Magistrates Court,
[7] Paragraph 729AA(4)(c)
substitute
(c) the Federal Court; or
(d) the Federal Magistrates Court;
[8] Subsection 731K(2), definition of work , paragraph (b)
substitute
(b) is for at least 8 hours per week on wages that are at or above the relevant minimum wage.
[9] Paragraph 759(4)(c)
substitute
(c) the Federal Court; or
(d) the Federal Magistrates Court;
[10] Subsection 771HB(4)
omit
or the Federal Court,
insert
, the Federal Court or the Federal Magistrates Court,
[11] Paragraph 954A(1)(f)
substitute
(f) the person's work in providing the care and attention is not on wages that are at or above:
(i) if the employee:
(A) is an employee within the meaning of the Workplace Relations Act 1996 ; and
(B) is not a junior employee or a trainee;
the Federal Minimum Wage for the employee; or
(ii) if the employee is:
(A) an employee within the meaning of the Workplace Relations Act 1996 ; and
(B) a junior employee;
either:
(C) if the Australian Fair Pay Commission has made a special FMW that applies to the junior employee--that wage; or
(D) in any other case--a rate of pay under an Australian Pay and Classification Scale applying to the junior employee; or
(iii) if the employee is:
(A) an employee within the meaning of the Workplace Relations Act 1996 ; and
(B) a trainee;
either:
(C) if the Australian Fair Pay Commission has made a special FMW that applies to the trainee--that wage; or
(D) in any other case--a rate of pay under an Australian Pay and Classification Scale applying to the trainee; or
(iv) if the employee is an employee within the meaning of Schedule 6 to the Workplace Relations Act 1996 --award wages under the relevant transitional award; or
(v) in any other case--award wages.
[12] Subparagraph 954A(2)(c)(ii)
omit
is not at award wages or above,
insert
is not on wages that are at or above the wages mentioned in paragraph (1)(f),
[13] Paragraph 1061PB(2)(a)
after
industrial instrument
insert
or the AFPCS,
[14] Subsection 1061PB(6), before definition of industrial instrument
insert
"AFPCS" means the Australian Fair Pay and Conditions Standard within the meaning of the Workplace Relations Act 1996 .
[15] Paragraph 1067A(10)(c)
substitute
(c) a period or periods of employment over an 18 month period since the person last left secondary school, earning the person at least the equivalent of 75% of:
(i) the maximum rate of pay under Wage Level A of the Australian Pay and Classification Scale generally applicable to trainees; or
(ii) that maximum rate as varied or replaced from time to time by the Australian Fair Pay Commission;
that applied at the start of the period of employment.