FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 326 Certain terms have no effect

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 326

Unreasonable payments and deductions for benefit of employer

             (1)  A term of a modern award, an enterprise agreement or a contract of employment has no effect to the extent that the term:

                     (a)  permits, or has the effect of permitting, an employer to deduct an amount from an amount that is payable to an employee in relation to the performance of work; or

                     (b)  requires, or has the effect of requiring, an employee to make a payment to an employer or another person;

if either of the following apply:

                     (c)  the deduction or payment is:

                              (i)  directly or indirectly for the benefit of the employer, or a party related to the employer; and

                             (ii)  unreasonable in the circumstances;

                     (d)  if the employee is under 18--the deduction or payment is not agreed to in writing by a parent or guardian of the employee.

             (2)  The regulations may prescribe circumstances in which a deduction or payment referred to in subsection (1) is or is not reasonable.

Unreasonable requirements to spend an amount

             (3)  A term of a modern award, an enterprise agreement or a contract of employment has no effect to the extent that the term:

                     (a)  permits, or has the effect of permitting, an employer to make a requirement that would contravene subsection 325(1); or

                     (b)  directly or indirectly requires an employee to spend an amount, if the requirement would contravene subsection 325(1) if it had been made by an employer.