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Chapter 2Terms and conditions of employment Part 2-9Other terms and conditions of employment Division 2Payment of wages

Regulation2.12

Part 2-9—Other terms and conditions of employment

Division 2—Payment of wages

2.12Certain terms have no effect—reasonable deductions

(1) For subsection 326(2) of the Act, a circumstance in which a deduction mentioned in subsection 326(1) of the Act is reasonable is that:

(a) the deduction is made in respect of the provision of goods or services: (i) by an employer, or a party related to the employer; and

(ii) to an employee; and

(b) the goods or services are provided in the ordinary course of the business of the employer or related party; and

(c) the goods or services are provided to members of the general public on:

(i) the same terms and conditions as those on which the goods or services were provided to the employee; or

(ii) on terms and conditions that are not more favourable to the members of the general public.

Example 1: A deduction of health insurance fees made by an employer that is a health fund.

Example 2: A deduction for a loan repayment made by an employer that is a financial institution.

(2) For subsection 326(2) of the Act, a circumstance in which a deduction mentioned in subsection 326(1) of the Act 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).

Examples of costs

1 The cost of items purchased on a corporate credit card for personal use by the employee.

2 The cost of personal calls on a company mobile phone.

3 The cost of petrol purchased for the private use of a company vehicle by the employee.

24

Compilation No. 36

Fair Work Regulations 2009

Compilation date: 11/09/2021

Registered: 19/10/2021

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