Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 323

Method and frequency of payment

             (1)  An employer must pay an employee amounts payable to the employee in relation to the performance of work:

                     (a)  in full (except as provided by section 324); and

                     (b)  in money by one, or a combination, of the methods referred to in subsection (2); and

                     (c)  at least monthly.

Note 1:       This subsection is a civil remedy provision (see Part 4-1).

Note 2:       Amounts referred to in this subsection include the following if they become payable during a relevant period:

(a)    incentive-based payments and bonuses;

(b)    loadings;

(c)    monetary allowances;

(d)    overtime or penalty rates;

(e)    leave payments.

             (2)  The methods are as follows:

                     (a)  cash;

                     (b)  cheque, money order, postal order or similar order, payable to the employee;

                     (c)  the use of an electronic funds transfer system to credit an account held by the employee;

                     (d)  a method authorised under a modern award or an enterprise agreement.

             (3)  Despite paragraph (1)(b), if a modern award or an enterprise agreement specifies a particular method by which the money must be paid, then the employer must pay the money by that method.

Note:          This subsection is a civil remedy provision (see Part 4-1).



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