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FAIR WORK ACT 2009 - SECT 332

Earnings

             (1)  An employee's earnings include:

                     (a)  the employee's wages; and

                     (b)  amounts applied or dealt with in any way on the employee's behalf or as the employee directs; and

                     (c)  the agreed money value of non-monetary benefits; and

                     (d)  amounts or benefits prescribed by the regulations.

             (2)  However, an employee's earnings do not include the following:

                     (a)  payments the amount of which cannot be determined in advance;

                     (b)  reimbursements;

                     (c)  contributions to a superannuation fund to the extent that they are contributions to which subsection (4) applies;

                     (d)  amounts prescribed by the regulations.

Note:          Some examples of payments covered by paragraph (a) are commissions, incentive-based payments and bonuses, and overtime (unless the overtime is guaranteed).

             (3)  Non-monetary benefits are benefits other than an entitlement to a payment of money:

                     (a)  to which the employee is entitled in return for the performance of work; and

                     (b)  for which a reasonable money value has been agreed by the employee and the employer;

but does not include a benefit prescribed by the regulations.

             (4)  This subsection applies to contributions that the employer makes to a superannuation fund to the extent that one or more of the following applies:

                     (a)  t he employer would have been liable to pay superannuation guarantee charge under the Superannuation Guarantee Charge Act 1992 in relation to the person if the amounts had not been so contributed;

                     (b)  the employer is required to contribute to the fund for the employee's benefit in relation to a defined benefit interest (within the meaning of section 291-175 of the Income Tax Assessment Act 1997 ) of the employee;

                     (c)  the employer is required to contribute to the fund for the employee's benefit under a law of the Commonwealth, a State or a Territory.



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