{"id":"minimum-conditions-of-employment-regulations-2022","name":"Minimum Conditions of Employment Regulations 2022","slug":"minimum-conditions-of-employment-regulations-2022","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178971,"registerId":"wa-minimum-conditions-of-employment-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Minimum Conditions of Employment Regulations 2022","content":"![Crest]()Western Australia\n\nMinimum Conditions of Employment Act 1993\n\nMinimum Conditions of Employment Regulations 2022\n\nWestern Australia\n\nMinimum Conditions of Employment Regulations 2022\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Reasonable deductions for benefit of employer or related party (Act s. 17E(2)) 1\n\n4. *Minimum Conditions of Employment Regulations 1993* repealed 2\n\nNotes\n\nCompilation table 3\n\n  \n\nMinimum Conditions of Employment Act 1993\n\nMinimum Conditions of Employment Regulations 2022\n\n##### 1. Citation\n\n\t\tThese regulations are the *Minimum Conditions of Employment Regulations 2022*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on 20 June 2022.\n\n##### 3. Reasonable deductions for benefit of employer or related party (Act s. 17E(2))\n\n(1) For the purposes of section 17E(2) of the Act, a circumstance in which a deduction is reasonable is that —\n\n(a) the deduction is made in respect of the provision of goods or services to an employee by an employer or a party related to the employer; and\n\n(b) the goods or services are provided in the ordinary course of the business of the employer or related party; and\n\n(c) the goods or services are provided to the employee on terms and conditions that are not less favourable than those on which the goods or services are provided to members of the public.\n\nExamples for this subregulation:\n\n1. A deduction, made by an employer that is a health fund, for a health insurance premium.\n\n2. A deduction, made by an employer that is a financial institution, for a loan repayment.\n\n(2) For the purposes of section 17E(2) of the Act, a circumstance in which a deduction is reasonable is that the deduction is for the purpose of recovering costs directly incurred by the employer as a result of the voluntary private use of particular property of the employer by an employee (whether authorised or not).\n\nExamples for this subregulation:\n\n1. The cost of items purchased on an employer’s credit card for personal use by the employee.\n\n2. The cost of personal calls on an employer’s mobile phone.\n\n3. The cost of petrol purchased for the private use of an employer’s vehicle by the employee.\n\n##### 4. *Minimum Conditions of Employment Regulations 1993* repealed\n\nThe *Minimum Conditions of Employment Regulations 1993* are repealed.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Minimum Conditions of Employment Regulations 2022*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Minimum Conditions of Employment Regulations 2022* | SL 2022/86 17 Jun 2022 | r. 1 and 2: 17 Jun 2022 (see r. 2(a));   Regulations other than r. 1 and 2: 20 Jun 2022 (see r. 2(b)) |\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain the original narrow scope of prescribing specific circumstances for reasonable wage deductions under the parent Act. They replace the 1993 regulations without expanding into new policy areas."},"complexity_factors":["Extremely short — only 4 regulations total","Single substantive provision (regulation 3) with two straightforward scenarios","No defined terms section — relies on definitions in the parent Act","Minimal cross-referencing (only references to section 17E(2) of the parent Act)","Simple conditional structure using basic 'and' conjunctions without nested exceptions","Plain language examples provided for both scenarios"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out specific rules for when an employer in Western Australia can make deductions from an employee's pay — but only in limited, fair circumstances.\n\n**Who it affects:**\n\n- **Employees in Western Australia** covered by the state *Minimum Conditions of Employment Act 1993*\n- **Employers** who want to deduct money from wages for goods, services, or private use of company property\n\n**The two main situations covered:**\n\n1. **Deductions for employer-provided goods or services** — An employer (or a related business) can deduct pay if:\n   - The goods or services are part of their normal business\n   - The employee gets the same deal as the general public (no special discounts that disadvantage them)\n   \n   *Examples:* Health insurance premiums if the employer is a health fund; loan repayments if the employer is a bank\n\n2. **Deductions for private use of employer property** — An employer can recover costs when an employee uses company property for personal reasons, even if the employer allowed it.\n   \n   *Examples:* Personal calls on a work mobile; petrol for private use of a company car; personal purchases on a company credit card\n\n**Why it matters:**\n\nThese rules protect workers from unfair wage deductions while giving employers clear guidance on what's legally \"reasonable.\" The regulations also clean up the law books by replacing outdated 1993 regulations."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These regulations repeal the Minimum Conditions of Employment Regulations 1993 (r.4) and explicitly sets out circumstances that constitute a \"reasonable\" deduction under s.17E(2) of the Act (r.3). Mechanically, the instrument narrows/clarifies permissible deductions by listing two specific tests and examples — (a) employer/related party supply of goods or services in the ordinary course of business on no less favourable public terms (r.3(1)); and (b) recovery of costs directly incurred from voluntary private use of employer property (r.3(2)). Commencement timing is fixed in r.2."},"complexity_factors":["Narrow subject matter and short text — limited number of operative clauses (regs 1–4).","Relies on and must be read with the Act (s.17E(2)), so legal effect depends on cross‑interpretation (r.3).","Key phrases require factual interpretation: “ordinary course of the business”, “not less favourable than…members of the public”, “directly incurred” and “voluntary private use” (r.3(1)(b)–(c), r.3(2)).","Compliance burden on employers to justify and document that deductions meet the tests in r.3 (including demonstrable pricing parity with public terms and attribution of costs).","Operational discretion rests with employers to decide and implement deductions, creating potential for disputes and evidentiary challenges (r.3 and examples).","Repeal of the 1993 Regulations may create transitional or interpretive questions for parties switching to the new rules (r.4)."],"plain_english_summary":"These regulations tell employers in Western Australia when they may lawfully deduct money from an employee’s pay under section 17E(2) of the Minimum Conditions of Employment Act. They say deductions are reasonable where they recover the cost of goods or services the employer (or a related party) provides in the ordinary course of business on no worse terms than the public, or where they recover direct costs of an employee’s voluntary private use of employer property.\n\nThe instrument also repeals the 1993 regulations and fixes commencement dates. It affects employers’ payroll practices and employees’ exposure to authorised deductions."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — no legislative content was retrievable from the provided source. The page returned only a system error message indicating the URL has changed due to website upgrades."},"complexity_factors":["No legislative content was available for analysis — the source URL returned a 'page not found' error page rather than the actual legislation","Complexity cannot be meaningfully assessed without the legislative text","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThis page was supposed to contain the **Minimum Conditions of Employment Regulations 2022** (Western Australian laws setting out the basic minimum entitlements for workers in WA), but the actual legislation text **could not be retrieved**.\n\nThe website returned an error page indicating the link is broken due to system upgrades — no legislative content was provided for analysis.\n\n**What to do instead:**\n- Visit the [Western Australian Legislation website](https://www.legislation.wa.gov.au) directly\n- Search for *\"Minimum Conditions of Employment Regulations 2022\"* using their search function\n- Contact the Parliamentary Counsel's Office Helpdesk if you continue having difficulties\n\n*No meaningful legal analysis can be provided without access to the actual text of the legislation.*"}},"importantCases":[],"_links":{"self":"/api/acts/minimum-conditions-of-employment-regulations-2022","history":"/api/acts/minimum-conditions-of-employment-regulations-2022/history","analysis":"/api/acts/minimum-conditions-of-employment-regulations-2022/analysis","conflicts":"/api/acts/minimum-conditions-of-employment-regulations-2022/conflicts","importantCases":"/api/acts/minimum-conditions-of-employment-regulations-2022/important-cases","documents":"/api/acts/minimum-conditions-of-employment-regulations-2022/documents"}}