Employment (Miscellaneous Provisions) Act 2018

PART 5

Amendment of National Minimum Wage Act 2000

Amendment of National Minimum Wage Act 2000

18. The National Minimum Wage Act 2000 is amended—

(a) by the substitution of the following section for section 14:

“14. Subject to sections 15, 17, 18 and 41, an employee shall be remunerated by his or her employer in respect of the employee’s working hours in any pay reference period, at an hourly rate of pay that on average is not less than the national minimum hourly rate of pay.”,

(b) by the substitution of the following section for section 15:

“Prescription of percentages of hourly rates of pay

15. (1) The Minister shall prescribe a percentage of the national minimum hourly rate of pay in relation to employees—

(a) who have not attained the age of 18 years,

(b) who are 18 years of age, and

(c) who are 19 years of age.

(2) Subject to sections 17, 18 and 41, an employee to whom subsection (1) relates shall be remunerated by his or her employer in respect of the employee’s working hours in any pay reference period at an hourly rate of pay that on average is not less than the percentage of the national minimum hourly rate of pay prescribed under that subsection in relation to that employee.

(3) In prescribing percentages under subsection (1), the Minister shall have regard to the condition of the labour market, the costs of employment, levels of youth employment and levels of youth unemployment.

(4) In prescribing percentages under subsection (1), the Minister shall not prescribe a percentage that is—

(a) in the case of employees who have not attained the age of 18 years, less than 70 per cent,

(b) in the case of employees who are 18 years of age, less than 80 per cent, and

(c) in the case of employees who are 19 years of age, less than 90 per cent,

of the national minimum hourly rate of pay.”.