1) Despite clause 2, for two years after the commencement of this determination, a newly established employer must pay employees a minimum wage of at least 90% of the applicable minimum wage in Tables 1 to 3.
2) For the purposes of this clause, a ‘newly established employer’
a) means any employer that –
i) commenced business after 1 February 2001, and
ii) has not been in operation for longer than two years; and
b) does not include any employer established as a result of –
i) the division, sale or transfer of the whole or part of any existing employer;
ii) the outsourcing or sub-contracting of the whole or part of any existing business or service.
3) This clause does not apply to employers covered by clause 2 (6).