Section 546A — Fair Work Act 2009 (Cth)

(1) A contravention of a civil remedy provision is associated with an underpayment amount if:

(a) an employer is required to pay an amount (a required amount) to, on behalf of, or for the benefit of, an employee under this Act, a fair work instrument or a transitional instrument (as continued in existence by Schedule 3 to the Transitional Act); and

(b) the employer engages in conduct; and

(c) the conduct results in a failure to pay the required amount to, on behalf of, or for the benefit of, the employee in full on or before the day when the required amount is due for payment; and

(d) the failure is related to the contravention.

(2) The underpayment amount the contravention is associated with is, to the extent it can be determined by the court, the difference between:

(a) the required amount mentioned in paragraph (1)(a); and

(b) the amount (including a nil amount) the employer actually paid to, on behalf of, or for the benefit of, the employee on account of the required amount.

Related sections

• s 545 — Orders that can be made by particular courts
• s 545A — Orders relating to casual loading amounts
• s 546 — Pecuniary penalty orders
• s 547 — Interest up to judgment
• s 548 — Plaintiffs may choose small claims procedure
• s 549 — Contravening a civil remedy provision is not an offence

Research how courts apply s 546A

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.