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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 324

Permitted deductions

             (1)  An employer may deduct an amount from an amount payable to an employee in accordance with subsection 323(1) if:

                     (a)  the deduction is authorised in writing by the employee and is principally for the employee's benefit; or

                     (b)  the deduction is authorised by the employee in accordance with an enterprise agreement; or

                     (c)  the deduction is authorised by or under a modern award or an FWA order; or

                     (d)  the deduction is authorised by or under a law of the Commonwealth, a State or a Territory, or an order of a court.

Note 1:       A deduction in accordance with a salary sacrifice or other arrangement, under which an employee chooses to:

(a)    forgo an amount payable to the employee in relation to the performance of work; but

(b)    receive some other form of benefit or remuneration;

                   will be permitted if it is made in accordance with this section and the other provisions of this Division.

Note 2:       Certain terms of modern awards, enterprise agreements and contracts of employment relating to deductions have no effect (see section 326). A deduction made in accordance with such a term will not be authorised for the purposes of this section.

             (2)  An authorisation for the purposes of paragraph (1)(a):

                     (a)  must specify the amount of the deduction; and

                     (b)  may be withdrawn in writing by the employee at any time.

             (3)  Any variation in the amount of the deduction must be authorised in writing by the employee.

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