Industrial Relations Legislation

INDUSTRIAL RELATIONS LEGISLATION

Cult leaders/cultic groups ...

Fair Work (Registered Organisations) Act (2009) (Cth) - Working for the cult leader/cultic group without being paid adequate remuneration, annual leave loading or superannuation

Industrial Relations Act 1996 No 17 Chapter 1 Preliminary 5 Definition of Employee (1) General definition In this Act, employee means –

(a) A person employed in any industry, whether on salary or wages or piece-work rates.

(3) Deemed employees – The person described in Schedule 1 are taken to be employees for the purposes of this Act. Any person described in that Schedule as the employer of such an employee is taken to be the employer.

7 Definition of industry – Any trade, manufacture, business, project or occupation in which persons work.

Part 9 Unfair contracts. Division 1 Definitions

105 Definitions

In this Part –

Contract means any contract or arrangement, or any related condition or collateral arrangement, but does not include an industrial instrument.

Unfair contract means a contract –

That is unfair, harsh or unconscionable, or
That is against the public interest, or
That provides a total remuneration that is less than a person performing the work would receive as an employee performing the work, or
That is designed to, or does, avoid the provisions of an industrial instrument.

Schedule 1 Persons deemed to be employees

(Section 5 (3))

1 Persons to be treated as employees

The following persons are taken to be employees—

(b) Cleaners

Any person (other than the owner or occupier of the premises or a bona fide cleaning contractor employing labour for the purpose) who performs any work of cleaning premises or a part of premises for which work, if performed by an employee, a price or rate is for the time being fixed by an industrial instrument. (In such a case, the owner or, where there is an occupier other than the owner, the occupier of the premises is taken to be the employer.)

Part 10 Payment of remuneration

117 Employees to be paid in money

(1) Remuneration payable to an employee must be paid in money and, if demanded, at least once each fortnight.

(2) Payment is made in money only if it is made—

(a) in cash, or

(b) with appropriate authority, by cheque payable to the employee, or

(c) with appropriate authority, into an account in the name of the employee (whether or not jointly with another person) at a financial institution by electronic transfer of funds or other means.

(4) An employer must not pay remuneration to an employee contrary to this section.

118 Employees to be paid in full

(1) Payment of remuneration to an employee is to be made in full without any deduction for goods, board or lodging or any other services supplied by the employer in payment (or part payment) of remuneration.

(3) An employer must not pay remuneration to an employee contrary to this section.

123 Particulars of remuneration to be supplied to employees

(1) An employer must, when paying remuneration to an employee, supply the employee with such written particulars regarding the payment as are prescribed by the regulations.

124 Superannuation fund contributions

(1) If an industrial instrument requires an employer to pay contributions to a specified superannuation fund for the purpose of providing superannuation benefits to or in respect of an employee of the employer, the required contributions may, despite the industrial instrument, be paid to a complying superannuation fund nominated for the time being by the employee and approved by the employer.

129 Records to be kept by employers concerning employees

(1) An employer must ensure that the following daily records are kept in relation to employees of the employer—

(a) records of remuneration paid and hours worked by the employees, and

(b) any other prescribed records relating to conditions of employment set by the industrial relations legislation or industrial instruments.

(3) The records are to be kept in the manner and form prescribed by the regulations or in accordance with different requirements approved in writing by the Industrial Registrar.

(4) The employer must ensure that the records are kept for a period of at least 6 years.

(6) A person who contravenes this section or the regulations under this section is guilty of an offence.