Minimum Wage (Starting-out Wage) Amendment Act 2013

1: Title
This Act is the Minimum Wage (Starting-out Wage) Amendment Act 2013.
2: Commencement
This Act comes into force on 1 May 2013
3: Principal Act
This Act amends the Minimum Wage Act 1983 principal Act 2013-05-01 Minimum Wage Act 1983
1: Amendments to principal Act
4: Section 4 replaced (Prescription of minimum wages)
Replace section 4
4: Prescribed minimum adult rate of wages
1: The Governor-General may, by Order in Council, prescribe a minimum adult rate of wages payable to workers—
a: who are aged 16 years or older; and
b: to whom any other minimum rate of wages prescribed under section 4A or 4B
2: A rate prescribed under subsection (1)
4A: Prescribed minimum starting-out rates of wages
1: The Governor-General may, by Order in Council, prescribe 1 or more minimum starting-out rates of wages payable to 1 or more classes of workers who—
a: are aged 16, 17, 18, or 19 years; and
b: are not involved in supervising or training other workers; and
c: are defined in the order by reference to the age (or range of ages) of the workers and 1 or more of the following factors:
i: the length of time, being a period of not less than 6 months, that the workers have been continuously paid 1 or more specified social security benefits (the continuous social assistance period
ii: the length of time, being a period of not more than 6 months, that the workers have been in continuous employment with—
A: any employer (excluding, if the order defines the class of workers by reference to the factor specified in subparagraph (i)
B: the worker's current employer:
iii: that the workers are employed under contracts of service that require the workers to undergo training, instruction, or examination (as specified in the order) for the purpose of becoming qualified for the occupation to which their contracts of service relate.
2: A rate prescribed under subsection (1) section 4
a: a monetary amount; or
b: a percentage of the minimum adult rate.
3: If a minimum starting-out rate is prescribed under subsection (1) subsection (1)(c)(i) or (ii)
a: may pay the worker in accordance with that rate only until the earlier of—
i: the date on which the worker has completed 6 months' continuous employment (or any shorter period of continuous employment specified in the order) with any employer or the worker's current employer (as the case requires):
ii: the day before the date on which the worker ceases to satisfy 1 or both of the criteria in subsection (1)(a) and (b)
b: then must pay the worker no less than the minimum adult rate prescribed under section 4
4: To avoid doubt, if more than 1 minimum starting-out rate prescribed under subsection (1) applies to a worker, only the higher or the highest rate applies.
5: For the purposes of subsection (1)(c)(i)
a: whether or not the benefit has been reduced due to any sanction imposed under the Social Security Act 1964 or for any other reason:
b: during any period when the benefit was suspended under the Social Security Act 1964 for any reason.
6: In this section,— continuous employment
a: means a continuous period of employment starting on the worker's first day of work; and
b: includes any employment undertaken by the worker before—
i: the worker turns 16:
ii: the commencement of the Minimum Wage (Starting-out Wage) Amendment Act 2013 continuously paid 1 or more specified social security benefits subsection (1)(c)(i) specified social security benefit
a: domestic purposes benefit:
b: emergency benefit:
c: independent youth benefit:
d: invalid's benefit:
e: sickness benefit:
f: unemployment benefit:
g: widow's benefit:
h: young parent payment:
i: youth payment.
4B: Prescribed minimum training rate of wages
1: The Governor-General may, by Order in Council, prescribe a minimum training rate payable to 1 or more classes of workers who—
a: are aged 20 years or older; and
b: are not involved in supervising or training other workers; and
c: are employed under contracts of service under which they are required to undergo training, instruction, or examination (as specified in the order) for the purpose of becoming qualified for the occupation to which their contract of service relates.
2: A rate prescribed under subsection (1) section 4
a: a monetary amount; or
b: a percentage of the minimum adult rate.
5: Section 5 amended (Annual review of minimum wages)
In section 5(1) section 4 section 4, 4A, or 4B
2: Miscellaneous provisions
6: Consequential amendments to Accident Compensation Act 2001
1: This section amends the Accident Compensation Act 2001
2: In Schedule 1
i: the minimum weekly adult rate prescribed under section 4 .
3: In Schedule 1
i: the minimum weekly adult rate prescribed under section 4 . 2013-05-01 Accident Compensation Act 2001
7: Transitional and savings provision relating to minimum new entrant rate
1: This section applies to a worker who, immediately before the commencement of this Act, was entitled to be paid wages by his or her employer in accordance with the minimum new entrant rate prescribed in clause 5
2: On and after the commencement of this Act,—
a: the worker is entitled to be paid the higher of—
i: the minimum new entrant rate as if this Act had not been passed:
ii: the highest minimum starting-out rate prescribed under section 4A
b: after completing 3 months or 200 hours of employment (whichever is completed first), the worker is entitled to be paid at the minimum adult rate prescribed under section 4
3: In subsection (2) employment
a: before or after the commencement of this Act:
b: with more than 1 employer.