18.104.22.168 Amount of instalment of PLP
The amount of an instalment payable to a person is the sum of:
- the total of the daily NMW amounts for each week day (1.1.W.20) in the relevant instalment period (1.1.I.80) that is also a PPL day (1.1.P.170) (if any), and
- the total of the daily NMW amounts for each day (including weekends) during the relevant instalment period that are payable flexible PPL days (1.1.F.70) for the person (if any).
A week day means a day that is not a Saturday or Sunday (but includes any public holiday that is not a Saturday or a Sunday).
The daily NMW amount (1.1.D.10) for a day is defined as 7.6 times the amount of the NMW (expressed as a monetary amount per hour) set by a NMW order (1.1.N.10) that is in operation on that day, irrespective of whether it takes effect on that day.
The daily NMW amount for a PPL day is adjusted from the day of operation of the order (i.e. 1 July) and not the day of effect.
The NMW order comes into operation under the Fair Work Act 2009 section 287. The Fair Work Act subsection 287(5) provides that the NMW order comes into operation on 1 July, but does not take effect in relation to a particular employee (1.1.E.40) until the employee's next payday.
For the purposes of the PPLAct, the NMW is taken to be the wage set by the NMW order for employees in relation to whom no exceptional circumstances exist. This means that the NMW amount for a PPL day is the same for all people and is not affected by the Fair Work Act section 294 , which provides for special NMWs for junior employees, employees to whom training arrangements apply and employees with a disability.
If a determination is made to vary a NMW order and the determination comes into operation on a day that is earlier than the day the determination is made, the determination is taken to come into operation on the day the determination is made. Any such variation would therefore not affect the daily NMW amount retrospectively, regardless of the date of operation specified in the order.