Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:9_12
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 9 cl 12
Character Range: 390039–392481

12  Cessation of coverage of transitional standard FMW etc.
(1) On the FW (safety net provisions) commencement day, the transitional standard FMW, any transitional special FMWs and the transitional default casual loading cease to cover any employees. Subsections 182(3) and (4), and section 185, of the continued AFPCS wages provisions also cease to cover any employees.
(2) On the FW (safety net provisions) commencement day, FWA is taken to have made a national minimum wage order (the transitional national minimum wage order) under Part 2‑6 of the FW Act:
 (a) that:
 (i) sets the national minimum wage at the rate that was the transitional standard FMW immediately before that day; and
 (ii) requires employers to pay employees to whom the national minimum wage applies (see subsection 294(3) of the FW Act) a base rate of pay that at least equals the national minimum wage; and
 (b) if, immediately before that day, there was a transitional special FMW for a class of employees—that:
 (i) sets a special national minimum wage for that class of employees that is the same as the transitional special FMW immediately before that day; and
 (ii) requires employers to pay employees to whom that special national minimum wage applies (see subsection 294(4) of the FW Act) a base rate of pay that at least equals that special national minimum wage; and
 (c) that:
 (i) sets the casual loading for award/agreement free employees at the rate that was the transitional default casual loading immediately before that day; and
 (ii) requires employers to pay, to award/agreement free employees who are casual employees, a casual loading that at least equals the casual loading for award/agreement free employees (as applied to the employees' base rates of pay).
Note: The requirement in paragraph 294(1)(b) of the FW Act that a national minimum wage order must set special national minimum wages for all award/agreement free employees in the classes referred to in that paragraph does not apply to the transitional national minimum wage order.
(3) The hours for which a rate set in the transitional national minimum wage order is payable are the same as the hours for which the transitional standard FMW, transitional special FMW or transitional default casual loading (as the case requires) would have been payable under the continued AFPCS wages provisions.

Part 4—Universal application of minimum wages to employees: transitional instruments