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s 136

Order setting minimum wages and conditions

In force
Chapter 2Modern employment conditions
Part 5Wages and employment conditions for apprentices and trainees

136 Order setting minimum wages and conditions

(1)

The commission may make an order fixing minimum wages and employment conditions for the following employees, whether or not they are employed under an industrial instrument—

(a)

apprentices or trainees;

(b)

different classes of apprentices or trainees.

(2)

In making an order, the commission may consider any matter it considers relevant, including—

(a)

the age, competency, or method of progression through training of the apprentices or trainees; and

(b)

an industrial instrument.

(3)

Despite section 135, if there is an inconsistency between an order and an industrial instrument (other than a certified agreement), the order prevails to the extent of the inconsistency.

(4)

The commission may make an order—

(a)

of the commission’s own initiative; or

(b)

on application by—

(i)

the chief executive (training); or

(ii)

an organisation; or

(iii)

a State peak council; or

(iv)

the Minister; or

(v)

another entity with an interest in apprentices or trainees.

(5)

In this section—

industrial instrument includes a federal award or federal agreement.

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