Minimum Wage Order (No 3) 2020

Lady_Aya, Governor-General

Order in Council

At Wellington this 23rd day of December 2020.

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 responsible for Workplace Relations and Safety made after complying with section 5(2) of that Act.

1. Title

This order is the Minimum Wage Order (No 3) 2020.

2. Commencement

This order comes into force on the day upon which it is made.

3. Interpretation

(1) In this order, unless the context otherwise requires,—

Act means the Minimum Wage Act 1983

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

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 at least 40 credits a year of an industry training programme for the purpose of becoming qualified for the occupation to which the contract of service relates; 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 required by their contract of service to undertake at least 60 credits a year of an industry training programme for the purpose of becoming qualified for the occupation to which the contract of service relates; and

• (b) is not involved in supervising or training other workers

(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, $17.70 per hour:

• (b) for an adult worker paid by the day,—

  • (i) $141.60 per day; and
  • (ii) $17.70 per hour for each hour exceeding 8 hours worked by a worker on a day:

• (c) for an adult worker paid by the week,—

  • (i) $708 per week; and
  • (ii) $17.70 per hour for each hour exceeding 40 hours worked by a worker in a week:

• (d) in all other cases,—

  • (i) $1,416 per fortnight; and
  • (ii) $17.70 per hour for each hour exceeding 80 hours worked by a worker 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, $14.16 per hour:

• (b) for a starting-out worker paid by the day,—

  • (i) $113.28 per day; and
  • (ii) $14.16 per hour for each hour exceeding 8 hours worked by a starting-out worker on a day:

• (c) for a starting-out worker paid by the week,—

  • (i) $566.40 per week; and
  • (ii) $14.16 per hour for each hour exceeding 40 hours worked by a starting-out worker in a week:

• (d) in all other cases,—

  • (i) $1,132.80 per fortnight; and
  • (ii) $14.16 per hour for each hour exceeding 80 hours worked by a starting-out worker 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, $14.16 per hour:

• (b) for a trainee paid by the day,—

  • (i) $113.28 per day; and
  • (ii) $14.16 per hour for each hour exceeding 8 hours worked by a trainee on a day:

• (c) for a trainee paid by the week,—

  • (i) $566.40 per week; and
  • (ii) $14.16 per hour for each hour exceeding 40 hours worked by a trainee in a week:

• (d) in all other cases,—

  • (i) $1,132.80 per fortnight; and
  • (ii) $14.16 per hour for each hour exceeding 80 hours worked by a trainee in a fortnight

7. Revocation

The Minimum Wage Order (No 2) 2020 is revoked.

This Order was authored and ordered by the Minister for Business /u/SoSaturnistic (ACT New Zealand).