Wages Protection Amendment Act 2016

1: Title
This Act is the Wages Protection Amendment Act 2016.
2: Commencement
This Act comes into force on 1 April 2016.
3: Principal Act
This Act Wages Protection Act 1983 principal Act 2016-04-01 Wages Protection Act 1983
4: Section 2 amended (Interpretation)
In section 2 employer employer Employment Relations Act 2000 employment agreement Employment Relations Act 2000
5: New section 2A inserted (Provisions affecting application of amendments to this Act)
After section 2
2A: Provisions affecting application of amendments to this Act
The Schedule
6: Section 5 amended (Deductions with worker’s consent)
1: Replace section 5(1)
1: An employer may, for a lawful purpose, make deductions from wages payable to a worker—
a: with the written consent of the worker (including consent in a general deductions clause in the worker’s employment agreement); or
b: on the written request of the worker.
2: After section 5(1)
1A: An employer must not make a specific deduction in accordance with a general deductions clause in a worker’s employment agreement without first consulting the worker.
7: New section 5A inserted (Unreasonable deductions)
After section 5
5A: Unreasonable deductions
An employer must not make a deduction under section 5 from wages payable to a worker if the deduction is unreasonable.
8: Section 11 amended (Worker may recover wages)
1: Replace the heading to section 11 Recovery of wages
2: In section 11(1) a worker may recover a worker, or a Labour Inspector on behalf of a worker, may recover
9: New section 11A inserted (Proceedings by Labour Inspector or worker to recover arrears of wages from person involved in failure to comply)
After section 11
11A: Proceedings by Labour Inspector or worker to recover arrears of wages from person involved in failure to comply
1: A Labour Inspector or a worker may recover from a person who is not the worker’s employer any arrears of wages that the worker is entitled to if—
a: the worker is entitled to the wages under this Act; and
b: the wages are unpaid due to non-compliance with this Act; and
c: the person from whom the wages are sought to be recovered is a person involved in the non-compliance.
2: However, unpaid wages may be recovered under subsection (1)
a: in the case of recovery by a worker, with the prior leave of the Authority or court; and
b: to the extent that the worker’s employer is unable to pay the wages.
3: A Labour Inspector, worker, or person concerned may recover from a person involved in non-compliance with section 12A any premium paid in breach of that section.
4: However, a premium may be recovered under subsection (3)
a: in the case of recovery by a worker or person concerned, with the prior leave of the Authority or court; and
b: to the extent that the employer concerned is unable to pay the premium.
5: For the purposes of subsections (1) and (3) involved in the non-compliance section 142W
10: Section 12A amended (No premium to be charged for employment)
In section 12A(1) employer or person engaged on behalf of the employer
11: Section 13 amended (Penalties)
1: In section 13
a: after that employer , and every person involved in the contravention or failure,
b: delete , at the suit of the worker or of a Labour Inspector designated under section 223 of the Employment Relations Act 2000,
c: replace that Act the Employment Relations Act 2000
2: In section 13
2: A worker or a Labour Inspector may recover a penalty under subsection (1), but the worker may recover a penalty only in relation to the employer.
3: For the purposes of subsection (1), a person is involved in the contravention or failure if the person would be treated as a person involved in a breach within the meaning of section 142W
12: New Schedule inserted
After section 19 Schedule Schedule