The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This order is administered by the Ministry of Business, Innovation, and Employment.

This order is made under sections 4, 4A, and 4B of the Minimum Wage Act 1983—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Workplace Relations and Safety made after complying with section 5(2) of that Act.

1	Title
2	Commencement
3	Interpretation
4	Minimum adult rates
5	Minimum starting-out rates
6	Minimum training rates
7	Revocation
	Explanatory note
	Gazette Information
	Notes

Order

1 Title

This order is the Minimum Wage Order 2023.

2 Commencement

This order comes into force on 1 April 2023.

3 Interpretation

(1)

In this order, unless the context otherwise requires,—

Act means the Minimum Wage Act 1983

adult worker—

(a)

means a worker aged 16 years or more to whom the Act applies; but

(b)

does not include—

(i)

a starting-out worker; or

(ii)

a trainee

apprenticeship training has the same meaning as in section 10(1) of the Education and Training Act 2020

apprenticeship training agreement has the same meaning as in section 10(1) of the Education and Training Act 2020

specified social security benefit means the following:

(a)

emergency benefit:

(b)

jobseeker support:

(c)

sole parent support:

(d)

supported living payment:

(e)

young parent payment:

(f)

youth payment

starting-out worker means—

(a)

a worker aged 16 or 17 years to whom the Act applies and who—

(i)

has not completed 6 months’ continuous employment with their current employer; and

(ii)

is not involved in supervising or training other workers:

(b)

a worker aged 18 or 19 years to whom the Act applies and who—

(i)

has been continuously paid 1 or more specified social security benefits for not less than 6 months; and

(ii)

has not completed 6 months’ continuous employment with any employer (excluding any employment undertaken before the worker started to be paid any 1 or more specified social security benefits); and

(iii)

is not involved in supervising or training other workers:

(c)

a worker aged 16, 17, 18, or 19 years to whom the Act applies and who—

(i)

is required by their contract of service to undertake, for the purpose of becoming qualified for the occupation to which that contract relates, at least 40 credits a year of—

(A)

the vocational education and training required by their training agreement with their employer; or

(B)

the apprenticeship training required by their apprenticeship training agreement with their employer; and

(ii)

is not involved in supervising or training other workers

trainee means a worker who is aged 20 years or more to whom the Act applies and who—

(a)

is a trainee within the meaning of section 10(1) of the Education and Training Act 2020; and

(b)

is required by their contract of service to undertake, for the purpose of becoming qualified for the occupation to which that contract relates, at least 60 credits a year of—

(i)

the vocational education and training required by their training agreement with their employer; or

(ii)

the apprenticeship training required by their apprenticeship training agreement with their employer; and

(c)

is not involved in supervising or training other workers

training agreement has the same meaning as in section 10(1) of the Education and Training Act 2020

vocational education and training has the same meaning as in section 10(1) of the Education and Training Act 2020.

(2)

Terms or expressions used and not defined in this order but defined in the Act have, in this order, the same meaning as in the Act.

4 Minimum adult rates

The following rates are the minimum rates of wages payable to an adult worker:

(a)

for an adult worker paid by the hour or by piecework, $22.70 per hour:

(b)

for an adult worker paid by the day,—

(i)

$181.60 per day; and

(ii)

$22.70 per hour for each hour exceeding 8 hours worked on a day:

(c)

for an adult worker paid by the week,—

(i)

$908.00 per week; and

(ii)

$22.70 per hour for each hour exceeding 40 hours worked in a week:

(d)

in all other cases,—

(i)

$1,816.00 per fortnight; and

(ii)

$22.70 per hour for each hour exceeding 80 hours worked in a fortnight.

5 Minimum starting-out rates

The following rates are the minimum rates of wages payable to a starting-out worker:

(a)

for a starting-out worker paid by the hour or by piecework, $18.16 per hour:

(b)

for a starting-out worker paid by the day,—

(i)

$145.28 per day; and

(ii)

$18.16 per hour for each hour exceeding 8 hours worked on a day:

(c)

for a starting-out worker paid by the week,—

(i)

$726.40 per week; and

(ii)

$18.16 per hour for each hour exceeding 40 hours worked in a week:

(d)

in all other cases,—

(i)

$1,452.80 per fortnight; and

(ii)

$18.16 per hour for each hour exceeding 80 hours worked in a fortnight.

6 Minimum training rates

The following rates are the minimum rates of wages payable to a trainee:

(a)

for a trainee paid by the hour or by piecework, $18.16 per hour:

(b)

for a trainee paid by the day,—

(i)

$145.28 per day; and

(ii)

$18.16 per hour for each hour exceeding 8 hours worked on a day:

(c)

for a trainee paid by the week,—

(i)

$726.40 per week; and

(ii)

$18.16 per hour for each hour exceeding 40 hours worked in a week:

(d)

in all other cases,—

(i)

$1,452.80 per fortnight; and

(ii)

$18.16 per hour for each hour exceeding 80 hours worked in a fortnight.

7 Revocation

The Minimum Wage Order 2022 (SL 2022/44) is revoked.

Rachel Hayward,

Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 1 April 2023, revokes and replaces the Minimum Wage Order 2022.

This order increases the minimum rates of pay for adult workers, starting-out workers, and trainees. The new minimum hourly rates of pay are as follows:

$22.70 per hour for adult workers (increased from $21.20 per hour); and
$18.16 per hour for starting-out workers and trainees (increased from $16.96 per hour).

In addition, this order contains updated references to trainees and work-based training that are more closely aligned with the Education and Training Act 2020.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 23 February 2023.

Notes

1 General

This is a consolidation of the Minimum Wage Order 2023 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Minimum Wage Order 2024 (SL 2024/16): clause 7