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MA000073 - Food, Beverage and Tobacco Manufacturing Award 2010

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<strong>Food</strong>, <strong>Beverage</strong> <strong>and</strong> <strong>Tobacco</strong> <strong>Manufacturing</strong> <strong>Award</strong> <strong>2010</strong><br />

Schedule A—Transitional Provisions<br />

[Varied by PR991581, PR503716]<br />

A.1 General<br />

A.1.1<br />

A.1.2<br />

The provisions of this schedule deal with minimum obligations only.<br />

The provisions of this schedule are to be applied:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

when there is a difference, in money or percentage terms, between a provision<br />

in a relevant transitional minimum wage instrument (including the transitional<br />

default casual loading) or award-based transitional instrument on the one h<strong>and</strong><br />

<strong>and</strong> an equivalent provision in this award on the other;<br />

when a loading or penalty in a relevant transitional minimum wage instrument<br />

or award-based transitional instrument has no equivalent provision in this<br />

award;<br />

when a loading or penalty in this award has no equivalent provision in a<br />

relevant transitional minimum wage instrument or award-based transitional<br />

instrument; or<br />

when there is a loading or penalty in this award but there is no relevant<br />

transitional minimum wage instrument or award-based transitional instrument.<br />

A.2 Minimum wages – existing minimum wage lower<br />

A.2.1<br />

The following transitional arrangements apply to an employer which, immediately<br />

prior to 1 January <strong>2010</strong>:<br />

(a)<br />

(b)<br />

(c)<br />

was obliged,<br />

but for the operation of an agreement-based transitional instrument or an<br />

enterprise agreement would have been obliged, or<br />

if it had been an employer in the industry or of the occupations covered by this<br />

award would have been obliged<br />

by a transitional minimum wage instrument <strong>and</strong>/or an award-based transitional<br />

instrument to pay a minimum wage lower than that in this award for any<br />

classification of employee.<br />

A.2.2<br />

In this clause minimum wage includes:<br />

(a)<br />

(b)<br />

(c)<br />

a minimum wage for a junior employee, an employee to whom training<br />

arrangements apply <strong>and</strong> an employee with a disability;<br />

a piecework rate; <strong>and</strong><br />

any applicable industry allowance.<br />

A.2.3<br />

Prior to the first full pay period on or after 1 July <strong>2010</strong> the employer must pay no less<br />

than the minimum wage in the relevant transitional minimum wage instrument <strong>and</strong>/or<br />

award-based transitional instrument for the classification concerned.<br />

44 <strong>MA000073</strong>

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