Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:9_16
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 9 cl 16
Character Range: 396583–397474

16  Base rate of pay under Division 2B State award must not be less than national minimum wage order rate etc.
(1) If, on or after the Division 2B referral commencement:
 (a) a Division 2B State award applies to a Division 2B State reference employee; and
 (b) 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 award (the award rate) must not be less than the employee's order rate.
(2) If the award rate is less than the employee's order rate, the Division 2B State award has effect in relation to the employee as if the award rate were equal to the employee's order rate.