| Abstrakt: |
This article compares s 323 of Australia's Fair Work Act 2009 (Cth) with the doctrine of consideration at common law. Section 323 requires that employees be paid their wage in money, not other forms of payment in kind, including food. Instances of payment in food are the principal focus of this article. The operation of s 323 is considered, followed by analysis of relevant contraventions of s 323. The doctrine of consideration at common law becomes the subject of detailed attention and is contrasted with the s 323 requirement to be paid in money, not food. Overall, if an employee is paid in food for work they perform, that directly contravenes s 323, giving rise to a civil penalty. This result serves a protective purpose, particularly for vulnerable employees. Nevertheless, this form of payment would otherwise be permissible under the doctrine of consideration, and an employee may even prefer it. [ABSTRACT FROM AUTHOR] |
