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MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993

Table of Provisions

PART 1 -- Preliminary  

1. Short title   2. Commencement   3. Terms used   4. Application to Crown

PART 2 -- Application of minimum conditions  

5. Minimum conditions implied in awards etc.   6. Application offshore   7. Enforcement of minimum conditions   8. Cashing out of accrued annual leave

PART 2A -- Reasonable hours of work  

9A. Maximum hours of work   9B. Reasonable additional hours

PART 3 -- Minimum rates of pay

Division 1 -- General  

10. Entitlement of employees to be paid minimum rate of pay   11. Minimum rate of pay for casual employees includes loading   12. Minimum weekly rate of pay for employees aged 21 or more   13. Minimum weekly rate of pay for employees aged under   14. Minimum weekly rates of pay for apprentices

Division 2 -- Employees with disabilities  

15. Terms used   16. Application of Act to employee with disability   17. Minimum pay for employee with disability

PART 3A -- Other requirements as to pay  

17A. Terms used   17B. Employee not to be compelled to accept other than money for pay   17BA. Employees and prospective employees not to be unreasonably compelled to spend or pay amount   17C. Employee’s pay, methods of payment   17D. Authorised deductions from pay   17E. Certain terms of no effect

PART 4 -- Minimum leave conditions

Division 1 -- Preliminary  

18. Paid leave, how pay calculated

Division 2 -- Personal leave  

19. Personal leave   20. Entitlement to paid personal leave   21. Entitlement to unpaid personal leave   22. Certain matters as to personal leave not minimum conditions   22A. Employee to prove entitlements to personal leave

Division 3 -- Annual leave  

23. Paid annual leave, entitlement to   24. Annual leave payments, when to be made   25. Annual leave, when may be taken   26. General Order as to annual leave of no effect

Division 4 -- Bereavement leave  

27. Paid bereavement leave, entitlement to   28. Proof of entitlement may be required

Division 5 -- Public holidays  

30. Public holidays, entitlement to pay for   31. Penalty rates for work on public holidays not a minimum condition

Division 6 -- Parental leave  

32. Terms used   33. Unpaid parental leave, entitlement to   34. Maternity leave to start 6 weeks before birth   35. Employee to prove entitlement to parental leave   36. Employee to notify employer of spouse’s parental leave   37. Parental leave period, notice to employer of etc.   38. Return to work after parental leave   38A. How and when a request or requirement as to parental leave or return to work can be made   38B. Grounds for determining a request or making a requirement as to parental leave or return to work   39. Effect of parental leave on service record

Division 7 -- Unpaid family and domestic violence leave  

39A. Terms used   39B. Entitlement to unpaid family and domestic violence leave   39C. Taking unpaid family and domestic violence leave   39D. Employee to prove entitlements to unpaid family and domestic violence leave   39E. Confidentiality

PART 5 -- Minimum conditions for employment changes with significant effect, and redundancy  

40. Terms used   41. Employee to be informed   42. Employer not bound to disclose prejudicial information   43. Paid leave for job interviews, entitlement to

PART 7 -- Regulations  

47. Regulations

PART 8 -- Transitional provisions for Industrial Relations Legislation Amendment Act 2021  

48. Term used: commencement day   49. Employees with disabilities   50. “Under rate employee” provisions in awards

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