Section 92 — Fair Work Act 2009 (Cth)

Paid annual leave must not be cashed out except in accordance with permitted cashing out terms

Paid annual leave must not be cashed out, except in accordance with:

(a) cashing out terms included in a modern award or enterprise agreement under section 93, or

(b) an agreement between an employer and an award/agreement free employee under subsection 94(1).

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 89 — Employee not taken to be on paid annual leave at certain times
s 90 — Payment for annual leave
s 91 — Transfer of employment situations that affect entitlement to payment for period of untaken paid annual leave
s 93 — Modern awards and enterprise agreements may include terms relating to cashing out and taking paid annual leave
s 94 — Cashing out and taking paid annual leave for award/agreement free employees
s 95 — Subdivision applies to employees other than casual employees

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