Victorian Workers' Wages Protection (Exceptions) Regulations 2008

i Victorian Workers' Wages Protection (Exceptions) Regulations 2008 S.R. No. 154/2008 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provisions 1 3 Definitions 1 4 Deductions from wages 2 5 Employee authorisation to make deductions 2 ═══════════════ -- 1 of 4 -- 1 STATUTORY RULES 2008 S.R. No. 154/2008 Victorian Workers' Wages Protection Act 2007 Victorian Workers' Wages Protection (Exceptions) Regulations 2008 The Governor in Council makes the following Regulations: Dated: 2 December 2008 Responsible Minister: ROB HULLS Minister for Industrial Relations RYAN HEATH Clerk of the Executive Council 1 Objectives The objective of these Regulations is to prescribe types of deductions from wages for the purposes of section 7(3) and section 8(3)(b) of the Victorian Workers' Wages Protection Act 2007. 2 Authorising provisions These Regulations are made under section 24 of the Victorian Workers' Wages Protection Act 2007. 3 Definitions In these Regulations— publicly available goods or services means goods or services provided to an employee by his or her employer, or a related party of the employer, in the ordinary course of business -- 2 of 4 -- S.R. No. 154/2008 Victorian Workers' Wages Protection (Exceptions) Regulations 2008 2 of the employer or related party on terms and conditions that are— (a) the same as those on which the goods or services are offered to the general public; or (b) more favourable than those on which the goods or services are offered to the general public. Example Health fund membership provided to the employee of the health fund for a fee equal to or less than the fee charged to a member of the general public. the Act means the Victorian Workers' Wages Protection Act 2007. 4 Deductions from wages For the purposes of section 7(3) of the Act, a deduction in respect of publicly available goods or services is a prescribed type of deduction. Note The requirement under section 7(2) of the Act for an employer to provide certain information to the employee before making a deduction that is for the direct or indirect benefit of the employer or a related party of the employer does not apply to this type of deduction. 5 Employee authorisation to make deductions For the purposes of section 8(3)(b) of the Act, each of the following deductions is a prescribed type of deduction— (a) a deduction in respect of publicly available goods or services; (b) a deduction for the purpose of recovering overpaid wages; r. 4 -- 3 of 4 -- S.R. No. 154/2008 Victorian Workers' Wages Protection (Exceptions) Regulations 2008 3 (c) a deduction for the purpose of recovering costs directly incurred by an employer as a result of the voluntary private use of the employer's property by the employee. Example A deduction by an employer to recover the costs of— (a) items purchased for the private use of an employee using a corporate credit card; (b) personal calls made by an employee on a corporate mobile phone; (c) petrol purchased for the private use of a company vehicle by an employee. Note The requirement under section 8(2) of the Act for an authorisation for the deduction from an employee's wages to specify the amount of each deduction does not apply to these types of deductions. ═══════════════ r. 5 -- 4 of 4 --