Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_496
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 496
Character Range: 794179–795624

496  Limitation on application of minimum wage standards

 (1) If the AFPC exercises its wage‑setting powers so as to set or adjust a minimum wage for employees in Victoria:
 (a) the setting or adjustment has no effect unless the employees are within a work classification; and
 (b) the setting or adjustment has no effect, in relation to a particular employee, while the employee is subject to an award or agreement under this Act.

 (2) If a provision of the Australian Fair Pay and Conditions Standard sets or adjusts a minimum wage for employees in Victoria:
 (a) the setting or adjustment has no effect unless the employees are within a work classification; and
 (b) the setting or adjustment has no effect, in relation to a particular employee, while the employee is subject to an award or agreement under this Act.

 (3) In this section:

minimum wage has the same meaning as in subsection 4(7) of the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.

work classification means a work classification that, immediately before the commencement of subsection 4(7) of the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria:
 (a) was a declared work classification under the Employee Relations Act 1992 of Victoria; or
 (b) had been declared by the Employee Relations Commission of Victoria to be an interim work classification.

Note: See also clauses 89, 95 and 102 of Schedule 13 (extended meaning of award).