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FAIR WORK ACT 1994 - SECT 69

FAIR WORK ACT 1994 - SECT 69

69—Remuneration

        (1)         A contract of employment is to be construed as if it provided for remuneration in accordance with the minimum standard for remuneration in force under this section unless—

            (a)         a rate that is more favourable to the employee is fixed by the contract of employment; or

            (b)         the rate of remuneration is fixed in accordance with an award or enterprise agreement.

        (2)         A rate of remuneration fixed by a contract of employment, or an award or enterprise agreement, must be consistent with the Equal Remuneration Convention .

        (3)         The minimum standard for remuneration in force under this section is a standard established by SAET in accordance with the following provisions:

            (a)         SAET must establish a minimum standard for remuneration at least once in every year;

            (b)         proceedings to establish the standard may be commenced by application by a peak entity, or by SAET acting on its own initiative;

            (c)         a minimum standard for remuneration must—

                  (i)         fix a minimum weekly wage for an adult working ordinary hours; and

                  (ii)         fix a minimum hourly rate for an adult working on a casual basis; and

                  (iii)         fix age-based gradations for juniors having regard to existing award conditions; and

                  (iv)         cover such other incidental or related matters as should, in the opinion of SAET, be dealt with in the minimum standard.