Section 94: Power to make regulations to effect payment of additional remuneration,
This section is inserted by The Employment Relations (Amendment) Act 2024, section 3.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
94. Power to make regulations to effect payment of additional remuneration,
national and other minimum wage and wage adjustment
(1) Notwithstanding sections 91 to 93, the Minister may, following the
enactment of any law providing for the payment of additional remuneration or national
minimum wage, make such regulations as are necessary in order to reflect any such
additional remuneration or national minimum wage in the salary, wage or other
remuneration payable under any regulations implementing any Remuneration
Regulations governing any category of employees, to whom the additional remuneration
or national minimum wage is payable.
(2) Notwithstanding sections 91 to 93 and anything to the contrary in any
other enactment, the Minister may make such regulations for the payment of –
(a) wage adjustment to address the issue of wage relativity that may arise
from the introduction or review of the national minimum wage –
(i) in Remuneration Regulations made under section 93;
(ii) in any industry or sector of activity not covered by the
Remuneration Regulations made under section 93, other than
the public service, the local government service or a statutory
body where terms and conditions of employment are governed
by the terms and conditions recommended in a report of the Pay
Research Bureau;
(b) a minimum monthly basic wage or salary to employees employed in
an area of activity referred to in subsection (2)(a) in a grade,
occupation, job position or category where the entry requirements for
the grade, occupation, job position or category is –
(i) a Diploma or an equivalent qualification as may be prescribed,
acceptable to the employer;
(ii) at least a post-HSC first degree or an equivalent qualification,
as may be prescribed, acceptable to the employer.
(3) Regulations made under subsections (1) and (2) may be by way of regulations
amending Remuneration Regulations made under section 93 or such other regulations
made for the purpose of this section, as the case may be.
(4) The regulations listed in the Schedule shall be deemed to have been made
under subsections (2)(a)(i) and (3).
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Questions this section answers
- Can the Minister update Remuneration Regulations to reflect a new national minimum wage?
- Can the Minister set a minimum monthly wage for jobs requiring a diploma or degree?