Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 284

What is the minimum wages objective?

  (1)   The FWC must establish and maintain a safety net of fair minimum wages, taking into account:

  (a)   the performance and competitiveness of the national economy, including productivity, business competitiveness and viability, inflation and employment growth; and

  (aa)   the need to achieve gender equality, including by ensuring equal remuneration for work of equal or comparable value, eliminating gender - based undervaluation of work and addressing gender pay gaps; and

  (b)   promoting social inclusion through increased workforce participation; and

  (c)   relative living standards and the needs of the low paid; and

  (e)   providing a comprehensive range of fair minimum wages to junior employees, employees to whom training arrangements apply and employees with a disability.

This is the minimum wages objective .

When does the minimum wages objective apply?

  (2)   The minimum wages objective applies to the performance or exercise of:

  (a)   the FWC's functions or powers under this Part; and

  (b)   the FWC's functions or powers under Part   2 - 3, so far as they relate to setting, varying or revoking modern award minimum wages.

Note:   The FWC must also take into account the objects of this Act and any other applicable provisions. For example, if the FWC is setting, varying or revoking modern award minimum wages, the modern awards objective also applies (see section   134).

Meaning of modern award minimum wages

  (3)   Modern award minimum wages are the rates of minimum wages in modern awards, including:

  (a)   wage rates for junior employees, employees to whom training arrangements apply and employees with a disability; and

  (b)   casual loadings; and

  (c)   piece rates.

Meaning of setting and varying modern award minimum wages

  (4)   Setting modern award minimum wages is the initial setting of one or more new modern award minimum wages in a modern award, either in the award as originally made or by a later variation of the award. Varying modern award minimum wages is varying the current rate of one or more modern award minimum wages.