Victorian Numbered Acts Victorian Numbered Acts(1) A written authorisation under section 8 is of no effect if—
(a) it was obtained as a result of coercion or duress on the part of the employer or a related party of the employer or the authorisation was otherwise not freely given; or
(b) the deduction is for the direct or indirect financial benefit of the employer or a related party of the employer, the employee is under the age of 18 years and the authorisation has not been consented to in writing by a parent or guardian of the employee; or
(c) the deduction is for the direct or indirect financial benefit of the employer or a related party of the employer and the deduction is unreasonable in all of the circumstances.
(2) A deduction for the direct or indirect financial benefit of an employer or a related party of an employer may be unreasonable in all of the circumstances if—
(a) it would result in the employee being paid less than the minimum wage applicable to the employee, unless this is authorised by law, court order or an industrial instrument; or
(b) it is intended to represent the cost of replacing any clothing, equipment or other property provided to the employee by the employer or a related party of the employer that was lost, damaged or destroyed by the employee unless the employee intentionally, or through wilful neglect, caused the loss, damage or destruction; or
(c) no consideration is provided for the deduction; or
Example
An employer may require an employee to make good a shortfall in a till from his or her wages. The employee has received nothing of value for this deduction.
(d) it is of a type prescribed by the regulations as a deduction that may not be reasonable in all of the circumstances.
(3) A deduction for the direct or indirect
financial benefit of an employer or a related party of an employer may be
reasonable in all of the circumstances if—
s. 9
(a) it is in respect of the provision to the employee of goods, services or accommodation by or on behalf of the employer or a related party of the employer and—
(i) the amount of the deduction is specified; and
(ii) the amount is a direct and proper reflection of the actual cost of the goods, services or accommodation to which the deduction relates; and
(iii) the employer or a related party of the employer has given the employee an opportunity, if practicable, to obtain the same or similar goods, services or accommodation elsewhere; or
(b) it is of a type prescribed by the regulations as a deduction that may be reasonable in all of the circumstances.
(4) Nothing in subsection (2) or (3) is intended to limit subsection (1)(c).