AP814640 - Launceston City Council Award 2002
[8 substituted by PR920726 ppc 06Jul02; varied by PR959857 ppc 18Jul05]]
The rates of pay in this award include the federal minimum wage payable under the Safety Net Review - Wages June 2005 decision [PR002005]. Any increase arising from the insertion of the federal minimum wage clause may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the federal minimum wage
1. The Federal Minimum Wage
No employee shall be paid less than the federal minimum wage.
2. Amount of Federal Adult Minimum Wage
(a) The federal minimum wage for full-time adult employees not covered by subclause 4 (special categories clause), is $484.40 per week.
(b) Adults employed under a supported wage clause shall continue to be entitled to receive the wage rate determined under that clause. Provided that such employees shall not be paid less than the amount determined by applying the percentage in the supported wage clause applicable to the employee concerned to the amount of the minimum wage specified in subclause 2(a).
(c) Adults employed as part-time or casual employees shall continue to be entitled to receive the wage rate determined under the casual and part-time clauses of the award. Provided that such employees shall not be paid less than pro rata the minimum wage specified in subclause 2(a) according to the number of hours worked.
3. How the Federal minimum wage Applies to Juniors
(a) The wage rates provided for juniors by this award continue to apply unless the amount determined under subclause 3(b) is greater.
(b) The federal minimum wage for an employee to whom a junior rate of pay applies is determined by applying the percentage in the junior wage rates clause applicable to the employee concerned to the relevant amount in subclause 2.
4. Application of Minimum Wage to Special Categories of Employee
(a) Due to the existing applicable award wage rates being greater than the relevant proportionate federal minimum wage, this clause has no application to employees undertaking a National Training Wage Traineeship, an Australian Traineeship, a Career Start Traineeship, a Jobskills placement or an apprenticeship.
(b) [Leave reserved for other special categories.]
5. Application of Federal Minimum Wage to Award Rates Calculation
The federal minimum wage:
(a) applies to all work in ordinary hours;
(b) applies to the calculation of overtime and all other penalty rates, superannuation, payments during sick leave, long service leave and annual leave, and for all other purposes of this award; and
(c) is inclusive of the arbitrated safety net adjustment provided by the Safety Net Review - Wages May 2002 decision [PR002002] and all previous safety net and national wage adjustments.
