South Australian Current Acts

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FAIR WORK ACT 1994 - SECT 68

68—Form of payment to employee

        (1)         If an employee does work for which the remuneration is fixed by an award or enterprise agreement, the employer must pay the employee in full, and without deduction, the remuneration so fixed.

        (2)         The payment must be made—

            (a)         in cash; or

            (b)         if authorised in writing by the employee or in an award or enterprise agreement by an employee association whose membership includes the employee or employees who do the same kind of work—

                  (i)         by cheque (which must be duly met on presentation at the ADI on which it is drawn) payable to the employee; or

                  (ii)         by postal order or money order payable to the employee; or

                  (iii)         by payment into a specified account with a financial institution.

        (3)         However, the employer may deduct from the remuneration

            (a)         an amount the employer is authorised, in writing, by the employee to deduct and pay on behalf of the employee; and

            (b)         an amount the employer is authorised to deduct and pay on behalf of the employee under an award or enterprise agreement; and

            (c)         an amount the employer is authorised or required to deduct by order of a court, or under a law of the State or the Commonwealth.

        (4)         An employee may, by giving written notice to the employer, withdraw an authorisation under this section.

        (5)         Despite the other provisions of this section, remuneration may be paid by the Crown to an employee by cheque or by payment into an account with a financial institution specified by the employee, but, if payment is by cheque, there must be no deduction from the amount payable because the payment is made by cheque.

        (6)         An employer who fails to comply with a requirement under subsection (2) or (5) is guilty of an offence.

Maximum penalty: $3 250.

Expiation fee: $325.



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