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Employment → Minimum employment conditions → Minimum wages
Overview — Minimum wages

Joanna Morgan, Associate, Corrs Chambers Westgarth

Minimum wages

The minimum wages of employees covered by the Fair Work Act 2009 (Cth) (FW Act) are set out in modern awards and (for award-free employees) National Minimum Wage Orders (NMWOs).

Minimum wage rates in modern awards and the NMWOs are reviewed annually by the Minimum Wage Panel of the Fair Work Commission.

Minimum wage rates may also be specified in enterprise agreements made between employers and employees under the FW Act, although wage rates under agreements must not be below the minimum rates in an applicable modern award or the NMWOs.

See Minimum wages.

Calculating pay for certain purposes

Australian employees are entitled to a range of leave and other benefits associated with their employment and its termination. The rates of pay which apply to these benefits may be prescribed by one or more of statute, awards, enterprise agreements and/or the employee’s contract of employment.

The calculation of pay for the purposes of such benefits is largely in accordance with the Fair Work Act 2009 (Cth) (FW Act). However, long service leave and paid parental leave entitlements are derived from measures other than the FW Act, and in all circumstances, other applicable instruments must also be reviewed to determine whether they create any more beneficial entitlements than the statutory minima.

See Calculating pay for certain purposes.




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