(1) A Full Bench of
SAET must conduct an annual review of—
(a) the
minimum standard of remuneration under section 69; and
(b)
minimum wage rates in awards; and
(c)
minimum work-related allowances and loadings in awards.
(2) The review must
commence within 3 months of the conclusion of the Annual Wage Review conducted
by the Fair Work Commission.
(3) Subject to
subsection (5), in conducting the review, SAET may make a declaration
under section 100(1) adopting the outcomes of the Annual Wage Review
without receiving evidence or submissions, or conducting a hearing, if there
is no objection from an interested party.
(4) If SAET proposes
to act in accordance with the above, SAET must—
(a) take
reasonable steps to ensure that all persons who are likely to have an interest
in the review are given a reasonable opportunity to appear and be heard before
SAET; and
(b) at
least 21 days before making the declaration, publish a notice in a manner
prescribed by the rules—
(i)
setting out the terms of the proposed declaration; and
(ii)
advising that, in the absence of any objection from an
interested party, SAET will make the declaration on its own initiative.
(5) If there is an
objection from an interested party, SAET must conduct the review by
considering the matter de novo.
(6) In this
section—
"interested party" means—
(a) the
Minister; or
(b) an
employer or group of employers; or
(c) a
registered employee association; or
(d) the
United Trades and Labor Council (trading as SA Unions).