Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 325

Unreasonable requirements to spend or pay amount

             (1)  An employer must not directly or indirectly require an employee to spend, or pay to the employer or another person, an amount of the employee's money or the whole or any part of an amount payable to the employee in relation to the performance of work, if:

                     (a)  the requirement is unreasonable in the circumstances; and

                     (b)  for a payment--the payment is directly or indirectly for the benefit of the employer or a party related to the employer.

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

          (1A)  An employer (the prospective employer ) must not directly or indirectly require another person (the prospective employee ) to spend, or pay to the prospective employer or any other person, an amount of the prospective employee's money if:

                     (a)  the requirement is in connection with employment or potential employment of the prospective employee by the prospective employer; and

                     (b)  the requirement is unreasonable in the circumstances; and

                     (c)  the payment is directly or indirectly for the benefit of the prospective employer or a party related to the prospective employer.

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

             (2)  The regulations may prescribe circumstances in which a requirement referred to in subsection (1) or (1A) is or is not reasonable.



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