Document ID: chunk:federal_register_of_legislation:C2009A00124:clause:3a_17
Version: federal_register_of_legislation:C2009A00124
Segment Type: clause
Provision Reference: sch 3A cl 17
Character Range: 149634–151701

17  Base rate of pay under Division 2B State employment agreement must not be less than Division 2B State award rate or modern award rate, or the national minimum wage order rate etc.

If employee is covered by a Division 2B State award or modern award that is in operation
(1) If, on or after the Division 2B referral commencement:
 (a) a Division 2B State employment agreement applies to a Division 2B State reference employee; and
 (b) a Division 2B State award or a modern award that is in operation covers the employee;
the base rate of pay payable to the employee under the agreement (the agreement rate) must not be less than the base rate of pay that would be payable to the employee under the Division 2B State award or the modern award (the award rate) if the Division 2B State award or the modern award applied to the employee.
(2) If the agreement rate is less than the award rate, the Division 2B State employment agreement has effect in relation to the employee as if the agreement rate were equal to the award rate.

If employee is not covered by a Division 2B State award or modern award that is in operation
(3) If, on or after the Division 2B referral commencement:
 (a) a Division 2B State employment agreement applies to a Division 2B State reference employee; and
 (b) the employee is not covered by a Division 2B State award or a modern award that is in operation; and
 (c) a national minimum wage order would, if the employee were an award/agreement free employee, require the employee's employer to pay the employee a base rate of pay (the employee's order rate) that at least equals the national minimum wage, or a special national minimum wage, set by the order;
the base rate of pay payable to the employee under the Division 2B State employment agreement (the agreement rate) must not be less than the employee's order rate.
(4) If the agreement rate is less than the employee's order rate, the Division 2B State employment agreement has effect in relation to the employee as if the agreement rate were equal to the employee's order rate.