Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:9_15
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 9 cl 15
Character Range: 395473–396583

15  Enterprise agreement base rate of pay not to be less than transitional minimum wage instrument rate
(1) If:
 (a) a transitional minimum wage instrument covers an employee; and
 (b) an enterprise agreement applies to the employee;
the base rate of pay payable to the employee under the enterprise agreement (the agreement rate) must not be less than the base rate of pay that is payable to the employee under the transitional minimum wage instrument (the instrument rate).
(2) If the agreement rate is less than the instrument rate, the enterprise agreement has effect in relation to the employee as if the agreement rate were equal to the instrument rate.
Note: If a transitional instrument applies to an employee who is covered by a transitional minimum wage instrument, then (subject to the continued application of the AFPCS interaction rules) the employee must be paid at least the rate required by the continued AFPCS wages provisions.

Part 5—Provisions relating to Division 2B State instruments

Division 1—Universal application of minimum wages to employees: Division 2B State reference employees