Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:9_19
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 9 cl 19
Character Range: 400250–402518

19  Award/agreement free Division 2B State reference employee not to be paid less than State minimum amount
(1) This item applies in relation to an employee and a period if:
 (a) the employee is a Division 2B State reference employee; and
 (b) the transitional national minimum wage order, or another national minimum wage order, is in operation throughout the period; and
 (c) the employee is an award/agreement free employee throughout the period, and no Division 2B State instrument applies to the employee at any time in the period; and
 (d) the amount that is payable to the employee in relation to the period under the national minimum wage order is less than the amount (the State minimum amount) that would be payable to the employee in relation to the period under the State minimum wages instruments (see subitem (4)).
(2) The national minimum wage order has effect, in relation to the employee and the period, as if it instead required the employer to pay the employee the State minimum amount.
(3) In working out the State minimum amount, any increases of rates (whether because of indexation or otherwise) that would have taken effect after the Division 2B State referral commencement under State minimum wages instruments are to be disregarded.
(4) The State minimum wages instruments, in relation to the employee, are orders, decisions or rulings (however described), as in force immediately before the Division 2B referral commencement:
 (a) that were made by a State industrial body under a State industrial law of the Division 2B referring State; and
 (b) that provide for employees to be paid a minimum wage or a minimum rate of remuneration, or that affect the entitlement of such employees to be paid a minimum wage or a minimum rate of remuneration.
(5) This item has effect subject to the regulations, which may:
 (a) provide for how amounts referred to in paragraph (1)(d) are to be worked out (for example, in relation to casual employees); or
 (b) provide for how a national minimum wage order has effect because of subitem (2); or
 (c) provide that certain orders, decisions or rulings (however described) made by a State industrial body are, or are not, State minimum wages instruments as defined in subitem (4).

Division 2—Other matters