Queensland minimum wage

IMPORTANT NOTICE FOR QUEENSLAND EMPLOYERS AND EMPLOYEES:
As you would be aware, since the commencement of the federal government's workplace relations laws on 27 March 2006, employers who are constitutional corporations (including financial or trading corporations, generally Pty Ltds or Limiteds) and their employees have been covered under federal industrial relations jurisdiction.

Non-corporate employers (generally individual sole traders or partnerships) and their employees have continued to operate under Queensland industrial relations jurisdiction.

However, the Queensland Government has now introduced legislation which will refer to the Commonwealth the state's industrial relations powers for the private sector. These changes will operate as from 1 January 2010 and will mean that all employers and employees in Queensland with the exception of state and local government will be covered under a national industrial relations system administered by the Commonwealth Government.

Importantly, the Queensland Government has ensured that safeguards exist so that the national system will operate in the best interests of all Queensland employers and employees.

For further information on these changes you may contact:

Wageline on 1300 369 945
Workplace Rights hotline on 1300 737 841 or visit www.workplacerights.qld.gov.au; or
the Commonwealth's Fair Work Infoline on 13 13 94 or visit www.fwo.gov.au.

Queensland's Industrial Relations Act 1999 (PDF, 1.9MB) provides for a minimum rate of pay for all employees whether or not they are covered by an award or agreement.

All employees (subject to certain exemptions below) have a legally enforceable entitlement to a minimum rate of pay no matter what sort of work they do.

The rates of pay in the Queensland Minimum Wage General Ruling combined with the leave entitlements and protections against unfair dismissal already provided for on a similar basis in the legislation ensure a broad safety net of wages and conditions for Queensland's low paid workers.

In the 2009 State Wage Case General Ruling effective from 1 September 2009, the Queensland Industrial Relations Commission ordered a Queensland minimum wage (QMW) weekly rate for full time employees of $568.20 (previously $552.00).

Award employees:

In the case of award employees the QMW weekly rate will only apply if the industrial instrument sets a minimum rate for full-time employees that is lower than this amount.

The calculation of junior and casual rates is based on the higher of the QMW or the relevant industrial instrument rate by applying the percentages contained in the applicable industrial instrument.

Employees not covered by an award or agreement

Minimum wages for employees not covered by an award or agreement are to be calculated in accordance with the following arrangements:

Full-time adults - employees 20 years of age and over working on a full time basis are entitled to the QMW weekly rate of $568.20 from 1 September 2009.
Juniors - employees under 20 years of age are entitled to a rate of pay calculated as a percentage of the QMW based on either their age or experience (whichever gives the higher rate).
Part-time and casuals - employees engaged on a part time or casual basis are entitled to the QMW weekly rate divided by 40 for each hour worked.
Hours exceeding 40 per week - employees (whether full time, part time or casual) are entitled to the QMW weekly rate divided by 40 for any hours worked in excess of 40 per week.

The table below sets out the rates of pay resulting from the 2009 State Wage Case general ruling:
From 1 September 2009
Age	Percentage	Full time per week	Part time or Casual per hour
17 years and under or 1st year of experience*	55%	$312.50	$7.8125
18 years or 2nd year of experience*	65%	$369.30	$9.2325
19 years but less than 3rd year of experience	75%	$426.20	$10.6550
3rd year of experience	85%	$483.00	$12.0750
20 years and over	100%	$568.20	$14.2050

* Whichever gives the higher rate

Exemptions:

The QMW is not applicable to the following employees:

A disabled person or a person working in supported employment services;
Note: This exclusion only applies to persons working in a supported employment service.
A person whose services are paid wholly by commission or percentage rewards;
A piece rate worker ;
A volunteer;
An apprentice or trainee under the Vocational Education, Training and Employment Act 2000 (PDF, 1.39mB); and
Note: The Apprentices' and Trainees' Wages and Conditions (Excluding Certain Queensland Government Entities) Order (PDF, 403 kB) may refer to QMW in either setting or calculating a wage rate for a trainee.
Employees who, at the 20 December 2002, were covered by a certified agreement, Queensland workplace agreement, industrial agreement, enterprise flexibility agreement or an order setting wage rates for apprentices or trainees during the currency of that agreement or order.

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Queensland minimum wage

Award employees:

Employees not covered by an award or agreement

Exemptions: