Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 371

371 Wages etc. to be paid without deduction

(1) If an employer employs an employee to perform work for a fixed rate, the employer must pay the employee the fixed rate without deduction, other than a deduction authorised by—

(a) a relevant industrial instrument; or

(b) this division; or

(c) the employee’s consent.

(2) An employer must pay an apprentice or trainee the fixed rate without deduction, other than a deduction mentioned in subsection (1) (a) , (b) or (c) , until the apprentice or trainee is suspended or the apprentice’s or trainee’s training contract is cancelled.

(3) Subsection (4) applies if—

(a) an employer employs an employee to perform work for a rate agreed between the employer and the employee; and

(b) either—

(i) the rate for the work is not fixed by a relevant industrial instrument or permit; or

(ii) the fixed rate is less than the agreed rate.

(4) The employer must pay the employee the agreed rate without deduction, other than a deduction authorised by this division or the employee’s consent.

(5) If an employee’s consent authorising a deduction to be made from wages is not written, before making the deduction, the employer must give the employee written acknowledgement of the consent.

(6) A contract or authority is void to the extent it provides for a deduction to be made from wages in contravention of this section.