WORKPLACE RELATIONS ACT 1996 - SECT 865 Limitation on application of minimum wage standards

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 865

             (1)  If the AFPC exercises its wage‑setting powers so as to adjust a minimum wage for employees in Victoria:

                     (a)  the adjustment has no effect unless the employees are within a work classification; and

                     (b)  the adjustment has no effect, in relation to a particular employee, while the employee is subject to an award or agreement under this Act.

             (2)  If a provision of the Australian Fair Pay and Conditions Standard adjusts a minimum wage for employees in Victoria:

                     (a)  the adjustment has no effect unless the employees are within a work classification; and

                     (b)  the adjustment has no effect, in relation to a particular employee, while the employee is subject to an award or agreement under this Act.

             (3)  In this section:

"minimum wage" has the same meaning as in subsection 4(7) of the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.

"work classification" means a work classification that, immediately before the commencement of subsection 4(7) of the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria:

                     (a)  was a declared work classification under the Employee Relations Act 1992 of Victoria; or

                     (b)  had been declared by the Employee Relations Commission of Victoria to be an interim work classification.

Note:          See also clauses 89, 95 and 102 of Schedule 6 (extended meaning of award).