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Industrial Relations Act 2016
sec.371Wages etc. to be paid without deduction
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### sec.371 Wages etc. to be paid without deduction
If an employer employs an employee to perform work for a fixed rate, the employer must pay the employee the fixed rate without deduction, other than a deduction authorised by—
a relevant industrial instrument; or
this division; or
the employee’s consent.
An employer must pay an apprentice or trainee the fixed rate without deduction, other than a deduction mentioned in subsection (1) (a) , (b) or (c) , until the apprentice or trainee is suspended or the apprentice’s or trainee’s training contract is cancelled.
Subsection (4) applies if—
an employer employs an employee to perform work for a rate agreed between the employer and the employee; and
either—
the rate for the work is not fixed by a relevant industrial instrument or permit; or
the fixed rate is less than the agreed rate.
The employer must pay the employee the agreed rate without deduction, other than a deduction authorised by this division or the employee’s consent.
If an employee’s consent authorising a deduction to be made from wages is not written, before making the deduction, the employer must give the employee written acknowledgement of the consent.
A contract or authority is void to the extent it provides for a deduction to be made from wages in contravention of this section.
(sec.371-ssec.1) If an employer employs an employee to perform work for a fixed rate, the employer must pay the employee the fixed rate without deduction, other than a deduction authorised by— a relevant industrial instrument; or this division; or the employee’s consent.
(sec.371-ssec.2) An employer must pay an apprentice or trainee the fixed rate without deduction, other than a deduction mentioned in subsection (1) (a) , (b) or (c) , until the apprentice or trainee is suspended or the apprentice’s or trainee’s training contract is cancelled.
(sec.371-ssec.3) Subsection (4) applies if— an employer employs an employee to perform work for a rate agreed between the employer and the employee; and either— the rate for the work is not fixed by a relevant industrial instrument or permit; or the fixed rate is less than the agreed rate.
(sec.371-ssec.4) The employer must pay the employee the agreed rate without deduction, other than a deduction authorised by this division or the employee’s consent.
(sec.371-ssec.5) If an employee’s consent authorising a deduction to be made from wages is not written, before making the deduction, the employer must give the employee written acknowledgement of the consent.
(sec.371-ssec.6) A contract or authority is void to the extent it provides for a deduction to be made from wages in contravention of this section.
- (a) a relevant industrial instrument; or
- (b) this division; or
- (c) the employee’s consent.
- (a) an employer employs an employee to perform work for a rate agreed between the employer and the employee; and
- (b) either— (i) the rate for the work is not fixed by a relevant industrial instrument or permit; or (ii) the fixed rate is less than the agreed rate.
- (i) the rate for the work is not fixed by a relevant industrial instrument or permit; or
- (ii) the fixed rate is less than the agreed rate.
- (i) the rate for the work is not fixed by a relevant industrial instrument or permit; or
- (ii) the fixed rate is less than the agreed rate.