Wednesday, 16 June 2021

2.5% to Minimum Wages for 2021

2.5% Wage Increase to Awards and National Minimum Wage

As part of the annual wage review, the Fair Work Commission has today ordered a 2.5% wage increase to the national minimum wage and awards.

The new national minimum wage will be $772.60 per week or $20.33 per hour. This constitutes an increase of $18.80 per week to the weekly rate, or 49 cents per hour to the hourly rate. It is the first time the minimum adult wage is above $20 per hour.

This rate is higher than the increase which was ordered last year of 1.75%.

The new 2.5% increase is higher than the 1.1% CPI increase of the last year and so it keeps wages above the latest rate of inflation.

In conjunction with the Federal income tax cuts ranging from $10 to $44 per week that applies for low and medium taxpayers from July 2021, this constitutes a significant increase in take home pay for a large proportion of the workforce.

For many employers who are still impacted by the effects of COVID – particularly those affected by lockdowns in Victoria – the over CPI wage increase together with the 0.5% increase to statutory superannuation, will be a significant burden on cash flow.

Timing of the increase

Historically, increases to the national minimum wage and modern award minimum wages have taken effect from the first full pay period on or after 1 July. For a majority of modern awards this will still be the case in 2021.

However, the Fair Work Commission once again activated the ‘exceptional circumstances’ clause in the Fair Work Act 2009 to delay the operative date for some industries that continue to be impacted by COVID.

As was the case in last year’s decision, the Commission determined different operative dates of the wage increase for different groups of modern awards. There are 3 operative dates – July, September and November:

Group 1 – 1 July 2021 (Click here for full list)

  • Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020
  • Aged Care Award 2010
  • Aluminium Industry Award 2020
  • Ambulance and Patient Transport Industry Award 2020
  • Animal Care and Veterinary Services Award 2020
  • Aquaculture Industry Award 2020
  • Architects Award 2020
  • Asphalt Industry Award 2020
  • Banking, Finance and Insurance Award 2020
  • Black Coal Mining Industry Award 2010
  • Book Industry Award 2020
  • Broadcasting, Recorded Entertainment and Cinemas Award 2020
  • Building and Construction General On-site Award 2020
  • Business Equipment Award 2020
  • Car Parking Award 2020
  • Cement, Lime and Quarrying Award 2020
  • Cemetery Industry Award 2020
  • Children’s Services Award 2010
  • Cleaning Services Award 2020
  • Clerks – Private Sector Award 2020
  • Coal Export Terminals Award 2020
  • Commercial Sales Award 2020
  • Concrete Products Award 2020
  • Contract Call Centres Award 2020
  • Corrections and Detention (Private Sector) Award 2020
  • Cotton Ginning Award 2020
  • Dredging Industry Award 2020
  • Educational Services (Post-Secondary Education) Award 2020
  • Educational Services (Schools) General Staff Award 2020
  • Educational Services (Teachers) Award 2020
  • Electrical, Electronic and Communications Contracting Award 2020
  • Electrical Power Industry Award 2020
  • Fast Food Industry Award 2010
  • Fire Fighting Industry Award 2020
  • Food, Beverage and Tobacco Manufacturing Award 2020
  • Funeral Industry Award 2020
  • Gardening and Landscaping Services Award 2020
  • Gas Industry Award 2020
  • Graphic Arts, Printing and Publishing Award 2020
  • Health Professionals and Support Services Award 2020
  • Higher Education Industry – Academic Staff – Award 2020
  • Higher Education Industry – General Staff – Award 2020
  • Horse and Greyhound Training Award 2020
  • Horticulture Award 2020
  • Hydrocarbons Field Geologists Award 2020
  • Hydrocarbons Industry (Upstream) Award 2020
  • Joinery and Building Trades Award 2020
  • Journalists Published Media Award 2020
  • Labour Market Assistance Industry Award 2020
  • Legal Services Award 2020
  • Local Government Industry Award 2020
  • Manufacturing and Associated Industries and Occupations Award 2020
  • Marine Towage Award 2020
  • Maritime Offshore Oil and Gas Award 2020
  • Market and Social Research Award 2020
  • Meat Industry Award 2020
  • Medical Practitioners Award 2020
  • Mining Industry Award 2020
  • Miscellaneous Award 2020
  • Mobile Crane Hiring Award 2020
  • Nurses Award 2010
  • Oil Refining and Manufacturing Award 2020
  • Passenger Vehicle Transportation Award 2020
  • Pastoral Award 2020
  • Pest Control Industry Award 2020
  • Pharmaceutical Industry Award 2020
  • Pharmacy Industry Award 2020
  • Plumbing and Fire Sprinklers Award 2020
  • Ports, Harbours and Enclosed Water Vessels Award 2020
  • Port Authorities Award 2020
  • Poultry Processing Award 2020
  • Premixed Concrete Award 2020
  • Professional Diving Industry (Industrial) Award 2020
  • Professional Diving Industry (Recreational) Award 2020
  • Professional Employees Award 2020
  • Rail Industry Award 2020
  • Real Estate Industry Award 2020
  • Road Transport and Distribution Award 2020
  • Road Transport (Long Distance Operations) Award 2020
  • Salt Industry Award 2020
  • Seafood Processing Award 2020
  • Seagoing Industry Award 2020
  • Security Services Industry Award 2020
  • Silviculture Award 2020
  • Social, Community, Home Care and Disability Services Industry Award 2010
  • State Government Agencies Award 2020
  • Stevedoring Industry Award 2020
  • Storage Services and Wholesale Award 2020
  • Sugar Industry Award 2020
  • Supported Employment Services Award 2020
  • Surveying Award 2020
  • Telecommunications Services Award 2020
  • Textile, Clothing, Footwear and Associated Industries Award 2020
  • Timber Industry Award 2020
  • Transport (Cash in Transit) Award 2020
  • Vehicle Repair, Services and Retail Award 2020
  • Waste Management Award 2020
  • Water Industry Award 2020
  • Wool Storage, Sampling and Testing Award 2020

Most modern awards will see minimum wages increase by 2.5%, as normal from the first full pay period on or after 1 July 2021.

Group 2 – 1 September 2021

In light of the impacts of COVID on the retail sector, the Commission considered that businesses covered by the General Retail Industry Award 2020 faced exceptional circumstances that allow a delayed operative date for the 2.5% increase from the first full pay period on or after 1 September 2021.

Group 3 – 1 November 2021 (Click here for full list)

  • Air Pilots Award 2020
  • Aircraft Cabin Crew Award 2020
  • Airline Operations – Ground Staff Award 2020
  • Airport Employees Award 2020
  • Airservices Australia Enterprise Award 2016
  • Alpine Resorts Award 2020
  • Amusement, Events and Recreation Award 2020
  • Dry Cleaning and Laundry Industry Award 2020
  • Fitness Industry Award 2020
  • Hair and Beauty Industry Award 2010
  • Hospitality Industry (General) Award 2020
  • Live Performance Award 2020
  • Mannequins and Models Award 2020
  • Marine Tourism and Charter Vessels Award 2020
  • Nursery Award 2020
  • Racing Clubs Events Award 2020
  • Racing Industry Ground Maintenance Award 2020
  • Registered and Licensed Clubs Award 2020
  • Restaurant Industry Award 2020
  • Sporting Organisations Award 2020
  • Travelling Shows Award 2020
  • Wine Industry Award 2020

The modern awards in Group 3 cover workers in other industries that are still feeling the impacts of the pandemic, such as those in the aviation and tourism sector, the fitness industry, and “certain retail trade sector awards”.

The Commission was satisfied that there were exceptional circumstances that allow a delayed operative date for the 2.5% increase for employers in those industries from the first full pay period on or after 1 November 2021.

What Should You Do?

From 1 July 2021, employers must satisfy the new minimum payment obligations for all relevant staff.

Employers should now carefully review their wage arrangements and implement the necessary wage increases to ensure minimum wage rates are at least commensurate with the underpinning modern award.

Employers paying above-award payments should also review such arrangements to ensure that they are high enough to accommodate the increases (provided they are also supported by the necessary individual flexibility or other agreements).

Further, as a minimum, from 1 July 2021 employers’ minimum superannuation contributions will be increased to 10% which must be paid into the employees’ complying funds, calculated against Ordinary Time Earnings, to avoid liability to pay the Superannuation Guarantee Charge.

If you have any questions regarding your minimum pay obligations, minimum superannuation contributions or penalty rates, do not hesitate to contact HR Legal.

This article was produced by HR Legal. It is intended to provide general information only in summary format on legal issues. It does not constitute legal advice, and should not be relied on as such.