Fair Work Act 2009

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

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

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

promoting social inclusion through increased workforce participation; and

relative living standards and the needs of the low paid; and

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

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

the FWC’s functions or powers under this Part; and

the FWC’s functions or powers under Part 2‑3, so far as they relate to setting, varying or revoking modern award minimum wages.

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).

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

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

casual loadings; and

piece rates.

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wages is the initial setting of one or more new modern award minimum wages in a modern award, either in the award as originally made or by a later variation of the award.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.