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This is a Bill, not an Act. For current law, see the Acts databases.


VICTORIAN WORKERS' WAGE PROTECTION BILL 2007

                 PARLIAMENT OF VICTORIA

      Victorian Workers' Wages Protection Bill 2007



                       TABLE OF PROVISIONS
Clause                                                                  Page

PART 1--PRELIMINARY                                                        1
  1      Purpose                                                           1
  2      Commencement                                                      2
  3      Definitions                                                       2
  4      Who is a related party?                                           6
  5      Act binds the Crown                                               6

PART 2--DEDUCTIONS AND PAYMENT OF WAGES                                    7
  6      Method of payment of wages                                        7
  7      Deductions from wages                                             7
  8      Employee authorisation to make deductions                         9
  9      Deductions taken not to be authorised                            10
  10     Prohibited deductions                                            12

PART 3--ENFORCEMENT AND REMEDIES                                          14
  11     Act prevails over contracts                                      14
  12     Court may order civil penalty or reimbursement                   14
  13     Employee to serve written demand on employer before
         making application                                               16
  14     Service of written demand                                        16
  15     When and where application may be made                           17
  16     Ministerial authorisations to make application                   17
  17     Costs                                                            18
  18     Interest payable                                                 18
  19     Employer not entitled to recover goods or services or their
         cost                                                             19
  20     Person must not hinder or prevent application                    19
  21     Conduct imputed to incorporated bodies                           20
  22     Conduct of incorporated bodies imputed to executive
         officers                                                         20
  23     Reverse onus if employee deceased                                20




561133B.I-10/10/2007                   i      BILL LA INTRODUCTION 10/10/2007

 


 

Clause Page PART 4--GENERAL 22 24 Regulations 22 25 Transitional provisions 23 PART 5--AMENDMENT OF OTHER ACTS 24 26 Amendment of Public Sector (Union Fees) Act 1992 24 27 Amendment of Outworkers (Improved Protection) Act 2003 24 ENDNOTES 25 561133B.I-10/10/2007 ii BILL LA INTRODUCTION 10/10/2007

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Victorian Workers' Wages Protection Bill 2007 A Bill for an Act to regulate the payment of wages and the ability of an employer to make deductions from an employee's wages, to provide enforcement mechanisms and remedies, to amend the Public Sector (Union Fees) Act 1992 and the Outworkers (Improved Protection) Act 2003 and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purpose The purpose of this Act is to-- (a) ensure that employers pay wages in money 5 and to set out the method of that payment; and (b) regulate the ability of an employer to make deductions from an employee's wages; and 561133B.I-10/10/2007 1 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 1--Preliminary s. 2 (c) provide for enforcement mechanisms and remedies if an employer-- (i) fails to pay an employee's wages in money; or 5 (ii) unlawfully deducts an amount from an employee's wages; or (iii) terminates, or threatens to terminate, an employee's employment or prejudicially alters an employee's 10 position because the employee is entitled to, or seeks to, exercise a right under this Act; and (d) amend the Public Sector (Union Fees) Act 1992 and the Outworkers (Improved 15 Protection) Act 2003. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day to be proclaimed. (2) If this Act does not come into operation before 20 1 December 2008, it comes into operation on that day. 3 Definitions (1) In this Act-- award includes a pre-reform award within the 25 meaning of the Workplace Relations Act 1996 of the Commonwealth, a transitional award within the meaning of Schedule 6 to that Act and any other instrument in the nature of an award; 30 body includes a partnership and a trust; Commonwealth legislation means the Workplace Relations Act 1996 of the Commonwealth and any regulations made under that Act; 561133B.I-10/10/2007 2 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 1--Preliminary s. 3 deduction means any amount comprising part of an employee's wages that is not paid to the employee including (but not limited to) any amount withheld in accordance with a salary 5 sacrifice arrangement or paid to another person on behalf of the employee; Department means Department of Innovation, Industry and Regional Development; domestic partner of a person means a person to 10 whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); employee includes a former employee and a 15 prospective employee; employer includes a former employer and a prospective employer; employment placement service has the meaning given in section 10; 20 executive officer, in relation to a body (whether or not incorporated), means-- (a) a director, secretary or member of the committee of management of the body (by whatever name called); or 25 (b) in the case of a partnership, a member of the partnership; or (c) any other person who is concerned with, or takes part in, the management of the body, whether or not the person's 30 position is given the name of executive officer; 561133B.I-10/10/2007 3 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 1--Preliminary s. 3 industrial instrument means an award, agreement or standard that is given effect to or continued in effect by the Commonwealth legislation and is applicable to a Victorian 5 employer and one or more employees or to Victorian employers and employees; multiple deduction means a deduction made on 2 or more occasions and includes a deduction that may continue for an indefinite period; 10 organisation means a trade union within the meaning of the Commonwealth legislation; person includes a body (whether or not incorporated); related party has the meaning given in section 4; 15 relative, in relation to a person, means-- (a) the spouse or domestic partner of the person; or (b) a parent, son, daughter, brother or sister of the person; or 20 (c) a parent, son, daughter, brother or sister of the spouse or domestic partner of the person; relevant financial interest means-- (a) any share in the capital of the business; 25 or (b) any entitlement to receive any income derived from the business; or (c) any entitlement to receive any payment as a result of money advanced; 561133B.I-10/10/2007 4 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 1--Preliminary s. 3 relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others-- 5 (a) to participate in any directorial, managerial or executive decision; or (b) to elect or appoint any person as an executive officer; wages means the amount to which an employee is 10 entitled in respect of services performed by the employee including (but not limited to) salary, income, allowances, overtime payments, leave payments, termination payments, bonuses, gratuities and 15 commissions but not including payments in kind or the value of payments in kind (for example, the provision of a motor vehicle or other goods or services) made in accordance with a remuneration package agreed between 20 the employee and the employer. (2) For the purposes of the definition of domestic partner in subsection (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken 25 into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case. (3) For the purposes of this Act a deduction is not to 30 be taken to be for the direct or indirect benefit of an employer or a related party of an employer only because part of it comprises an amount intended to cover the reasonable administration costs incurred, or to be incurred, in processing the 35 payment of the balance of the deduction to a third party on behalf of the employee. 561133B.I-10/10/2007 5 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 1--Preliminary s. 4 4 Who is a related party? For the purposes of this Act, a person is a related party in relation to an employer if the person-- (a) holds or will hold any relevant financial 5 interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the employer's business and, by virtue of that interest or power, is able or will be able to 10 exercise a significant influence over or with respect to the management or operation of that business; or (b) is or will be an executive officer, whether in right of the person or on behalf of any other 15 person, of the employer's business; or (c) if the employer, or a person who is a related party in relation to the employer by force of paragraph (a) or (b), is a natural person, is a relative of the employer or the related party; 20 or (d) is a person or a member of a class of person prescribed by the regulations to be a related party in relation to the employer-- but does not include a person or a member of a 25 class of person prescribed by the regulations not to be a related party in relation to the employer. 5 Act binds the Crown This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament 30 permits, the Crown in all its other capacities. __________________ 561133B.I-10/10/2007 6 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 2--Deductions and Payment of Wages s. 6 PART 2--DEDUCTIONS AND PAYMENT OF WAGES 6 Method of payment of wages (1) An employer must pay to an employee all of the employee's wages in money. 5 (2) An employer must pay an employee's wages to the employee-- (a) in cash; or (b) if the employee has given the employer written authorisation to do so-- 10 (i) by cheque, postal order or money order; or (ii) by deposit into an ADI specified by the employee in the written authorisation; or 15 (c) by a combination of methods set out in paragraphs (a) and (b). Note The Interpretation of Legislation Act 1984 defines an ADI to be an authorised deposit-taking institution 20 within the meaning of the Banking Act 1959 of the Commonwealth. (3) Nothing in this section affects the making of deductions from an employee's wages in accordance with this Part. 25 7 Deductions from wages (1) An employer must not make any deductions from an employee's wages unless-- (a) the employer-- (i) has received a valid written 30 authorisation from the employee in accordance with section 8; and 561133B.I-10/10/2007 7 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 2--Deductions and Payment of Wages s. 7 (ii) has made the deduction in accordance with the employee's written instructions as set out in the authorisation; and (iii) if subsection (2) applies, has complied 5 with that subsection; or (b) the employer is required or authorised by law, court order or an industrial instrument to make the deduction. Note 10 A deduction from an employee's pay by a public sector employer in respect of trade union or other association fees may, in addition to this Act, only be made if the Minister has approved the deduction in writing: see section 4 of the Public Sector (Union 15 Fees) Act 1992. (2) Before any deductions proposed on the initiative of the employer or that are for the direct or indirect benefit of the employer or a related party of the employer are authorised by the employee in 20 accordance with section 8, an employer must inform the employee in writing of the following-- (a) the reason for the proposed deduction; (b) the identity of the person in whose favour the proposed deduction is to be made; 25 (c) subject to section 8, the amount of the proposed deduction; (d) whether it is proposed to be a single deduction or a multiple deduction; (e) the date or dates or period during which the 30 employer will make the proposed deduction. 561133B.I-10/10/2007 8 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 2--Deductions and Payment of Wages s. 8 (3) Subsection (2) does not apply if the deduction is of a type prescribed by the regulations for the purposes of this subsection. (4) An employee may withdraw an authorisation to 5 make a deduction at any time by notifying the employer in writing and the employer must stop making the deduction as soon as practicable after receiving the employee's written notification. (5) Nothing in this Act requires an employer to agree 10 to make a deduction authorised to be made by an employee in accordance with section 8 unless the employer is otherwise required by law, court order or an industrial instrument to do so. (6) This section does not apply to a deduction made 15 under section 56 of the Financial Management Act 1994 or section 26 of the Parliamentary Administration Act 2005. 8 Employee authorisation to make deductions (1) An employee may authorise his or her employer 20 in writing-- (a) to make a single deduction from his or her wages to a specified person on a date or occasion specified in the authorisation; or (b) to make multiple deductions from his or her 25 wages to a specified person at a frequency and for the period (definite or indefinite) specified in the authorisation. (2) An authorisation under this section must specify the amount of each proposed deduction and any 30 variation in the amount of the deduction must be authorised by the employee in writing. 561133B.I-10/10/2007 9 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 2--Deductions and Payment of Wages s. 9 (3) Subsection (2) does not apply if-- (a) the employee has authorised his or her employer in writing to make a multiple deduction for an amount as varied from time 5 to time and the deduction is not for the direct or indirect benefit of the employer or a related party of the employer; or Example An employee may authorise his or her employer to 10 deduct an amount from his or her wages to pay a nominated health fund and may authorise the employer to vary the amount of the deduction if the premiums for his or her health fund change. (b) the deduction is of a type prescribed by the 15 regulations for the purposes of this paragraph. 9 Deductions taken not to be authorised (1) A written authorisation under section 8 is of no effect if-- 20 (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 25 (b) 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 30 benefit of the employer or a related party of the employer and the deduction is unreasonable in all of the circumstances. 561133B.I-10/10/2007 10 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 2--Deductions and Payment of Wages s. 9 (2) A deduction for the direct or indirect 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 5 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 10 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, 15 or through wilful neglect, caused the loss, damage or destruction; or (c) no consideration is provided for the deduction; or Example 20 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 25 a deduction that may not be reasonable in all of the circumstances. (3) A deduction for the direct or indirect benefit of an employer or a related party of an employer may be reasonable in all of the circumstances if-- 30 (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-- 35 (i) the amount of the deduction is specified; and 561133B.I-10/10/2007 11 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 2--Deductions and Payment of Wages s. 10 (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 5 (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 10 (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). 15 10 Prohibited deductions (1) In this section-- employment placement service means a service provided by a person acting as an agent for the purpose of finding or assisting to find-- 20 (a) a suitable person to carry out work for a potential employer; or (b) employment for a person seeking to be employed-- but does not include a service that consists 25 only of publishing an advertisement for a person who is seeking to have work carried out or to be employed; relevant employee means-- (a) the holder of, or an applicant for, a 30 Subclass 457 visa (Business (Long Stay)) under the Migration Regulations 1994 of the Commonwealth; or 561133B.I-10/10/2007 12 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 2--Deductions and Payment of Wages s. 10 (b) an employee who is a person or a member of a class of person prescribed by the regulations for the purposes of this definition. 5 (2) An employer must not deduct any amount from the wages of a relevant employee, even with the employee's consent, for or in respect of-- (a) any fee, cost or other payment payable in relation to the provision of an employment 10 placement service for or on behalf of the employer or employee; or (b) the provision to, or for the benefit of, the employee of goods, services or accommodation for which the employer is by 15 law required to pay. __________________ 561133B.I-10/10/2007 13 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 3--Enforcement and Remedies s. 11 PART 3--ENFORCEMENT AND REMEDIES 11 Act prevails over contracts (1) A provision of a contract or any other agreement (other than an industrial instrument) is void to the 5 extent that-- (a) it is contrary to or inconsistent with anything in this Act or the regulations; or (b) it purports to exclude the application of provisions of this Act or the regulations. 10 (2) Despite subsection (1), during the period of 6 months beginning on and including the commencement day, a provision of a contract or an agreement that is contrary to or inconsistent with a provision of Part 2 prevails to the extent of 15 the inconsistency. (3) In subsection (2), commencement day means the day on which this Act comes into operation. 12 Court may order civil penalty or reimbursement (1) The following persons may apply to a court for an 20 order under subsection (2)-- (a) the employee; or (b) at the request of the employee or a group of employees, an organisation of which the employee is a member or eligible to be a 25 member; or (c) the Minister; or (d) a person authorised by the Minister under section 16. 561133B.I-10/10/2007 14 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 3--Enforcement and Remedies s. 12 (2) On an application under subsection (1), a court may make one or both of the following orders-- (a) an order imposing a penalty of up to $10 000 on a person if it is satisfied that the person 5 has contravened section 6, 7, 10 or 20; (b) an order that a person pay to the employee a specified sum by way of payment or reimbursement if it is satisfied that the person has contravened section 6, 7 or 10. 10 (3) To avoid doubt, a contravention of section 6, 7, 10 or 20 is not an offence. (4) A court that imposes a penalty under subsection (2)(a) may order that the penalty, or a part of the penalty, be paid-- 15 (a) to a particular person or organisation; or (b) into the Consolidated Fund. (5) In making an order under subsection (2)(b) the court may take into account-- (a) in the case of a contravention of section 6, 20 any benefit the employee received for services performed by the employee; (b) in the case of a contravention of section 7 or 10, any benefit the employee has received or will receive as a result of the deduction 25 made. (6) An order imposing a penalty under subsection (2) is taken, for the purposes of enforcement, to be an order made by the court in a civil proceeding. (7) An application under this section against a person 30 that is an unincorporated body may be made against the person in the name of an executive officer of the body. 561133B.I-10/10/2007 15 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 3--Enforcement and Remedies s. 13 13 Employee to serve written demand on employer before making application (1) Before an application may be made under section 12 in relation to a contravention of 5 section 6, a written demand for payment in money of the wages must have been served on the employer in accordance with section 14 by or on behalf of the employee, unless it is not practicable for this to be done. 10 (2) Before an application may be made under section 12 in relation to a contravention of section 7 or 10, a written demand for return of the amount of the unlawful deduction must have been served on the employer in accordance with 15 section 14 by or on behalf of the employee, unless it is not practicable for this to be done. 14 Service of written demand A written demand must be served on an employer by-- 20 (a) delivering the demand to the employer personally; or (b) prepaying and posting the written demand as a letter addressed to the employer-- (i) at the employee's place of work; or 25 (ii) at the employer's last known place of business or, if the employer is carrying on business at 2 or more places, at one of those places; or (iii) at the employer's registered office 30 under the Corporations Act; or 561133B.I-10/10/2007 16 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 3--Enforcement and Remedies s. 15 (c) leaving the document at the last known place of business of the employer, or if the employer is carrying on business at 2 or more places, at one of those places, with 5 some person apparently in the service of the employer and apparently not less than 16 years of age. 15 When and where application may be made (1) An application for an order under section 12 must 10 be made within 6 years after the employee's entitlement to the money arises, the deduction is made or the conduct referred to in section 20 is engaged in (whichever is applicable). (2) If a proceeding under section 12 is commenced in 15 the Magistrates' Court, only the Industrial Division of the Magistrates' Court has jurisdiction to deal with the proceeding. 16 Ministerial authorisations to make application (1) The Minister may authorise the following persons 20 to make an application under section 12-- (a) the Secretary to the Department; or (b) a person employed in the Department under Part 3 of the Public Administration Act 2004. 25 (2) An authorisation under subsection (1)-- (a) must be in writing; and (b) may be given generally, or only in relation to a particular case or cases, or a particular class of case or cases; and 30 (c) may be revoked by the Minister at any time by notice in writing. 561133B.I-10/10/2007 17 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 3--Enforcement and Remedies s. 17 (3) The revocation of an authorisation does not affect any proceedings commenced by a person before that person's authorisation was revoked unless the notice of revocation states otherwise. 5 17 Costs (1) Subject to this section, a party to a proceeding under section 12 must not be ordered to pay costs incurred by any other party to the proceeding unless the court hearing the matter is satisfied that 10 the party-- (a) instituted the proceeding vexatiously or without reasonable cause; or (b) because of an unreasonable act or omission in connection with the party's conduct of the 15 proceeding, caused the costs to be incurred by that other party. (2) Subsection (1) does not empower a court to award costs in circumstances specified in that subsection if the court does not otherwise have the power to 20 do so. (3) In this section, costs includes all legal and professional costs and disbursements and expenses of witnesses. 18 Interest payable 25 (1) If, on an application under section 12 in respect of a contravention of section 6, 7 or 10, the court is satisfied that the employer-- (a) had reasonable notice of the employee's claim; and 30 (b) had no reasonable grounds on which to dispute the claim; and 561133B.I-10/10/2007 18 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 3--Enforcement and Remedies s. 19 (c) in the circumstances should have paid the claim without the need for proceedings being taken to establish the validity of the claim-- the court may order the employer to pay interest to 5 the employee in addition to any other amount to which the employee is entitled. (2) The interest payable under subsection (1) must not be greater than the rate fixed under section 2 of the Penalty Interest Rates Act 1983 that applies 10 at the time the court makes the order. 19 Employer not entitled to recover goods or services or their cost If an employer provides goods or services as payment of wages in contravention of Part 2, the 15 employer is not entitled to recover those goods or services or their cost in any proceeding in a court or tribunal against the employee. 20 Person must not hinder or prevent application (1) An employer must not-- 20 (a) terminate or threaten to terminate the employment of an employee; or (b) alter the position of an employee to the employee's prejudice-- because the employee is entitled to or seeks to 25 exercise any entitlement or other right under this Act. (2) An employer may contravene subsection (1) even if the reason mentioned in that subsection is not the only reason for the employer's conduct. 561133B.I-10/10/2007 19 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 3--Enforcement and Remedies s. 21 21 Conduct imputed to incorporated bodies For the purposes of this Act, any conduct engaged in on behalf of an incorporated body-- (a) by an executive officer, employee or agent of 5 the body acting within the scope of the person's actual or apparent authority; or (b) by any other person at the direction, or with the consent (express or implied) of such an executive officer, employee or agent-- 10 is also conduct engaged in by the body. 22 Conduct of incorporated bodies imputed to executive officers (1) For the purposes of this Act, any conduct engaged in by an incorporated body (as a result of the 15 application of section 21 or otherwise) is also conduct engaged in by an executive officer of the body if that officer knew about the conduct or was reckless as to whether it was engaged in. (2) Nothing in this section is intended to enable any 20 amount to be recovered under an order made under section 12(2)(b) that would result in more than the amount not paid in money or the amount deducted, as the case requires, being recovered overall. 25 (3) Any interest payable under section 18(1) is to be disregarded for the purposes of subsection (2). 23 Reverse onus if employee deceased (1) If a proceeding is brought under section 12 in respect of a contravention of section 6 and the 30 employee is dead at the time the proceeding is heard, in the absence of evidence to the contrary, the employer must be taken to have not paid all of the employee's wages in money. 561133B.I-10/10/2007 20 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 3--Enforcement and Remedies s. 23 (2) If a proceeding is brought under section 12 in respect of a contravention of section 7 or 10 and the employee is dead at the time the proceeding is heard, in the absence of evidence to the contrary, 5 the deduction must be taken to be an unlawful deduction. __________________ 561133B.I-10/10/2007 21 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 4--General s. 24 PART 4--GENERAL 24 Regulations (1) The Governor in Council may make regulations for or with respect to-- 5 (a) prescribing persons or classes of persons to be, or not to be, a related party in relation to an employer; or (b) prescribing types of deductions for the purposes of section 7(3) or 8(3)(b); or 10 (c) prescribing types of deductions as deductions that may or may not be reasonable in all of the circumstances; or (d) prescribing persons or classes of persons for the purposes of the definition of relevant 15 employee in section 10; or (e) prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. 20 (2) The regulations-- (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstances. (3) Regulations made under this Act may be made-- 25 (a) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of person; or 561133B.I-10/10/2007 22 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 4--General s. 25 (b) so as to provide in a specified case or class of case for the exemption of a class of person from any of the provisions of this Act or the regulations, whether unconditionally or on 5 specified conditions and either wholly or to such an extent as is specified. 25 Transitional provisions (1) Any agreement made before the commencement of this Act authorising, or purporting to authorise, 10 an employer to make deductions from an employee's wages that does not comply with this Act ceases 6 months after that commencement to have any further effect. (2) This Act does not affect any proceedings 15 commenced or concluded before the commencement of this Act. __________________ 561133B.I-10/10/2007 23 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Part 5--Amendment of Other Acts s. 26 PART 5--AMENDMENT OF OTHER ACTS See: 26 Amendment of Public Sector (Union Fees) Act 1992 Act No. 74/1992. Reprint No. 1 (1) In section 4(1) of the Public Sector (Union Fees) as at Act 1992, after "may," insert "in accordance with 15 July 1999 5 and the Victorian Workers' Wages Protection amending Act 2007 and". Act No. 108/2004 (2) In section 4(2) of the Public Sector (Union Fees) LawToday: www. Act 1992, after "accordance" insert "with the legislation. Victorian Workers' Wages Protection Act 2007 vic.gov.au 10 and". See: 27 Amendment of Outworkers (Improved Protection) Act No. 22/2003 and Act 2003 amending Act Nos (1) After section 4(2)(e) of the Outworkers 107/2004, 108/2004, (Improved Protection) Act 2003 insert-- 9/2005, 15 18/2005, "(ea) the Victorian Workers' Wages Protection 80/2006 and Act 2007;". 40/2007. LawToday: (2) In section 4(2)(f) of the Outworkers (Improved www. legislation. Protection) Act 2003 for "or (e)" substitute vic.gov.au ", (e) or (ea)". 561133B.I-10/10/2007 24 BILL LA INTRODUCTION 10/10/2007

 


 

Victorian Workers' Wages Protection Bill 2007 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561133B.I-10/10/2007 25 BILL LA INTRODUCTION 10/10/2007

 


 

 


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