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s 359

Amounts paid or payable to employer to be applied in payment of wages

In force
Chapter 9Records and wages
Part 2Wages and occupational superannuation
Division 2Protection for wages

359 Amounts paid or payable to employer to be applied in payment of wages

(1)

This section applies to amounts paid or payable to an employer by a prime contractor for contracted work.

(2)

The amount is not liable to be attached or charged, other than by employees mentioned in subsection (5), until all wages payable, or to become payable, to the employees have been—

(a)

properly paid to the employees; or

(b)

have been secured to the employees in a way approved by a magistrate.

(3)

The employer must apply the amounts received, to the extent necessary, in payment of wages payable, or to become payable, to employees employed by the employer in performance of work for which the amounts are received.Maximum penalty—40 penalty units.

(4)

The employer must keep an accurate written account of the amounts received from the prime contractor, and of the way the amounts have been disbursed or disposed of.Maximum penalty—40 penalty units.

(5)

The employer must produce the account for inspection to an employee—

(a)

employed by the employer in performance of work for which the amounts are received; and

(b)

whose wages are more than 8 days in arrears and are not paid when demanded; and

(c)

who asks to see the account.

Maximum penalty—40 penalty units.

(6)

The employer must allow the employee to make a copy of the account.Maximum penalty—40 penalty units.

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