FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 206
Base rate of pay under an enterprise agreement must not be less than the modern award rate or the national minimum wage order rate etc. If an employee is covered by a modern award that is in operation
(1) If:
(a) an enterprise agreement applies to an employee; and
(b) a modern award that is in operation covers the employee;
the base rate of pay payable to the employee under the agreement (the agreement rate ) must not be less than the base rate of pay that would be payable to the employee under the modern award (the award rate ) if the modern award applied to the employee.
(2) If the agreement rate is less than the award rate, the agreement has effect in relation to the employee as if the agreement rate were equal to the award rate.
If an employer is required to pay an employee the national minimum wage etc.
I Wonder how this provision of the fairwork act relates to the rate for the Junior First Officer rate agreed to by AFAP in the recent cadet deal that was done??
Perhaps one for you Lawrie??