Commonwealth Numbered Acts

FAIR WORK LEGISLATION AMENDMENT (PROTECTING WORKER ENTITLEMENTS) ACT 2023 (NO. 43, 2023) - SCHEDULE 5

Fair Work Act 2009

1  After subsection 324(1)

Insert:

          (1A)  However, an employer must not deduct an amount under paragraph (1)(a) if the deduction is:

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

                     (b)  for an amount that may be varied from time to time;

unless the deduction, if it were a deduction referred to in subsection 326(1), would be a deduction made in circumstances prescribed under subsection 326(2) to be reasonable.

2  Paragraph 324(2)(a)

Repeal the paragraph, substitute:

                     (a)  must specify:

                              (i)  for a single deduction--the amount of the deduction; or

                             (ii)  for multiple or ongoing deductions--whether the deductions are for a specified amount or amounts, or for amounts as varied from time to time; and

                    (aa)  must include any information prescribed by the regulations; and

3  Subsection 324(3)

Omit "the amount of the deduction", substitute "a specified amount of a deduction".