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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