Provision Summarised requirement Maximum penalty Section 323 pay Requires employer to pay entitlements in 60 penalty units ($54 000 – in full full, in money, and only to deduct amounts corporate/$10 800 which are permitted (e.g. by law or individual) (encompasses agreement with the employee). section 324 permitted deductions) Section 325 Employer must not unreasonably require 60 penalty units ($54 000 – unreasonable an employee to spend any part of their corporate/$10 800 requirement to wages (including by repayment to the individual) spend employer). Section 327 provides that an amount required to be spent under section 325 will be taken never to have been paid to the employee. Underpayment These may apply if an amount is not paid Usually (for s.45 – contraventions or is paid back, and therefore taken to be Modern Award) (various) unpaid. 60 penalty units ($54 000 corporate/$10 800 individual) Regulations 3.44 Records kept by an employer, or used by 20 penalty units ($18 000 the employer, must not be false or corporate/$3 600 (1), (2), (3), (6) – Records misleading to the knowledge. individual) – employer’s accuracy Section 340 Employer must not take adverse action 60 penalty units ($54 000 action against an employee because of the corporate/$10 800 workplace right. individual) employee’s May arise, for example, where an employer takes adverse action because an employee exercises their right not to
Provision Summarised requirement Maximum penalty Section 323 – pay in full (encompasses section 324 permitted deductions) Requires employer to pay entitlements in full, in money, and only to deduct amounts which are permitted (e.g. by law or agreement with the employee). 60 penalty units ($54 000 corporate/$10 800 individual) Section 325 – unreasonable requirement to spend Employer must not unreasonably require an employee to spend any part of their wages (including by repayment to the employer). Section 327 provides that an amount required to be spent under section 325 will be taken never to have been paid to the employee. 60 penalty units ($54 000 corporate/$10 800 individual) Underpayment contraventions (various) These may apply if an amount is not paid or is paid back, and therefore taken to be unpaid. Usually (for s.45 – Modern Award) 60 penalty units ($54 000 corporate/$10 800 individual) Regulations 3.44 (1), (2), (3), (6) – Records – accuracy Records kept by an employer, or used by the employer, must not be false or misleading to the employer’s knowledge. 20 penalty units ($18 000 corporate/$3 600 individual) Section 340 action Employer must not take adverse action against an employee because of the employee’s workplace right. May arise, for example, where an employer takes adverse action because an employee exercises their right not to 60 penalty units ($54 000 corporate/$10 800 individual)
fair_work_ombudsman_report_into_7-eleven.docx