sec.373Paying wages

### sec.373 Paying wages An employer must pay each employee’s wages at least monthly to the employee. Maximum penalty—16 penalty units. An employer must pay each employee’s wages— in Australian currency; or with the employee’s written consent— wholly or partly to the employee’s credit in an account with a financial institution nominated by the employee; or by cheque of a type mentioned in subsection (5) , draft, money order or electronic fund transfer; or in another way allowed under a relevant industrial instrument. Maximum penalty—16 penalty units. If wages are to be paid in cash and the amount is not a multiple of 5c, the amount may be rounded to the nearest amount that is a multiple of 5c, even if this involves a reduction. If an employer pays an employee’s wages other than in cash, the employer must pay the employee’s wages without deduction of any charge made because of the way payment is made. Maximum penalty—16 penalty units. Except with the employee’s written consent, a cheque by which wages are paid— must be payable to a bearer on demand; and must not be crossed. If wages are payable to an employee when the employee stops employment with the employer, the employer must pay the wages to the employee within 3 days after the employment stops, or for a shorter period stated in an industrial instrument, unless— section 375 applies; or the employer has complied with an inspector’s demand under section 915 . Maximum penalty—40 penalty units. If an employee accepts for wages a cheque, draft or money order that is dishonoured, the employee may recover from the employer by action in a court of competent jurisdiction as a debt payable to the employee— the wages payable; and a reasonable amount for damages suffered by the employee because of the dishonour. A contract or authority is void to the extent it provides for payment of wages other than under this section. s 373 amd 2022 No. 27 s 3 sch 1 (sec.373-ssec.1) An employer must pay each employee’s wages at least monthly to the employee. Maximum penalty—16 penalty units. (sec.373-ssec.2) An employer must pay each employee’s wages— in Australian currency; or with the employee’s written consent— wholly or partly to the employee’s credit in an account with a financial institution nominated by the employee; or by cheque of a type mentioned in subsection (5) , draft, money order or electronic fund transfer; or in another way allowed under a relevant industrial instrument. Maximum penalty—16 penalty units. (sec.373-ssec.3) If wages are to be paid in cash and the amount is not a multiple of 5c, the amount may be rounded to the nearest amount that is a multiple of 5c, even if this involves a reduction. (sec.373-ssec.4) If an employer pays an employee’s wages other than in cash, the employer must pay the employee’s wages without deduction of any charge made because of the way payment is made. Maximum penalty—16 penalty units. (sec.373-ssec.5) Except with the employee’s written consent, a cheque by which wages are paid— must be payable to a bearer on demand; and must not be crossed. (sec.373-ssec.6) If wages are payable to an employee when the employee stops employment with the employer, the employer must pay the wages to the employee within 3 days after the employment stops, or for a shorter period stated in an industrial instrument, unless— section 375 applies; or the employer has complied with an inspector’s demand under section 915 . Maximum penalty—40 penalty units. (sec.373-ssec.7) If an employee accepts for wages a cheque, draft or money order that is dishonoured, the employee may recover from the employer by action in a court of competent jurisdiction as a debt payable to the employee— the wages payable; and a reasonable amount for damages suffered by the employee because of the dishonour. (sec.373-ssec.8) A contract or authority is void to the extent it provides for payment of wages other than under this section. - (a) in Australian currency; or - (b) with the employee’s written consent— (i) wholly or partly to the employee’s credit in an account with a financial institution nominated by the employee; or (ii) by cheque of a type mentioned in subsection (5) , draft, money order or electronic fund transfer; or - (i) wholly or partly to the employee’s credit in an account with a financial institution nominated by the employee; or - (ii) by cheque of a type mentioned in subsection (5) , draft, money order or electronic fund transfer; or - (c) in another way allowed under a relevant industrial instrument. - (i) wholly or partly to the employee’s credit in an account with a financial institution nominated by the employee; or - (ii) by cheque of a type mentioned in subsection (5) , draft, money order or electronic fund transfer; or - (a) must be payable to a bearer on demand; and - (b) must not be crossed. - (a) section 375 applies; or - (b) the employer has complied with an inspector’s demand under section 915 . - (a) the wages payable; and - (b) a reasonable amount for damages suffered by the employee because of the dishonour.