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.
(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.