Fair Work Act 2009

A national minimum wage order that is made in an annual wage review comes into operation on 1 July in the next financial year (the year of operation).

The national minimum wage or the casual loading for award/agreement free employees set by the order must be the same for all employees, unless:

the FWC is satisfied that there are exceptional circumstances justifying setting different wages or loadings; and

the setting of different wages or loadings is limited just to the extent necessary because of the particular situation to which the exceptional circumstances relate.

A special national minimum wage set by the order for a specified class of employees must be the same for all employees in that class, unless:

the FWC is satisfied that there are exceptional circumstances justifying setting different wages; and

the setting of different wages is limited just to the extent necessary because of the particular situation to which the exceptional circumstances relate.

The order may provide that an adjustment of the national minimum wage, the casual loading for award/agreement free employees, or a special national minimum wage, set by the order takes effect (whether for some or all employees to whom that wage or loading applies) on a specified day in the year of operation that is later than 1 July, but only if:

the FWC is satisfied that there are exceptional circumstances justifying the adjustment taking effect on that day; and

the adjustment is limited just to the particular situation to which the exceptional circumstances relate.

The order takes effect in relation to a particular employee from the start of the employee’s first full pay period that starts on or after 1 July in the year of operation. However, an adjustment referred to in subsection (4) takes effect in relation to a particular employee from the start of the employee’s first full pay period that starts on or after the day specified as referred to in that subsection.