FAIR WORK ACT 1994 - SECT 112
FAIR WORK ACT 1994 - SECT 112
112—Slow, inexperienced or infirm workers
(1) SAET may, on
application by a slow, inexperienced or infirm employee, grant the employee a
licence to work at a wage less than the minimum that would otherwise apply to
the employee under this Act, an award or an enterprise agreement.
(2) If it appears to
SAET that an association may have an interest in an application under this
section, it will give the association at least seven days notice of the time
and place at which it intends to hear the application, and the association is
then entitled to appear and be heard on the application.
(3) SAET will not
grant a licence until satisfied that the employee is, because of slowness,
inexperience or infirmity, unable to obtain employment at the minimum wage
fixed under this Act, an award or enterprise agreement.
(4) A licence—
(a) must
specify the wage at which the worker is licensed to work; and
(b)
continues in force for 12 months but may be renewed from time to time for
successive terms of 12 months.
(5) An employer must
not, without the consent of SAET, employ a number of licensed employees
exceeding one-fifth of the total number of persons employed by the employer in
the same class of work (but if the employer employs fewer than five employees
in the relevant class of work, the employer may employ one licensed employee).
Maximum penalty: $2 500.
(6) A person must not
pay or offer to pay a slow, inexperienced or infirm employee a wage lower than
specified in the licence.
Maximum penalty: $2 500.
(7) If an award or
enterprise agreement makes provision for the remuneration of employees who are
under a disability that adversely affects work performance in some way, the
award or enterprise agreement excludes from the ambit of this section an
employee who comes within the terms of the relevant provision of the award or
enterprise agreement.