Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:4:p4
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 4 (pt 4/32)
Character Range: 58316–60963

send to the employee's email address at work (or to another email address nominated by the employee):
 (a) an electronic link to the page of the Fair Work Ombudsman's website on which the Statement is located; or
 (b) an electronic link that takes the employee directly to a copy of the Statement on the employer's intranet.
 (6) The employer may fax the Statement to:
 (a) the employee's fax number at work; or
 (b) the employee's fax number at home; or
 (c) another fax number nominated by the employee.
 (7) Subregulations (2) to (6) do not prevent the employer from using another manner of giving the Statement to the employee.

Division 13—Miscellaneous

2.03  What can be agreed to etc. in relation to award/agreement free employees
  For paragraph 129(a) of the Act, employers and award/agreement free employees may agree to the provision of either or both of:
 (a) extra annual leave in exchange for foregoing an equivalent amount of pay; and
 (b) extra personal/carer's leave in exchange for foregoing an equivalent amount of pay.

2.03A  Claims to offset certain amounts
 (1) This regulation applies if:
 (a) a person is employed by an employer on the basis that the person is a casual employee; and
 (b) the employer pays the person an amount (the loading amount) that is clearly identifiable as an amount paid to compensate the person for not having one or more relevant NES entitlements during a period (the employment period); and
 (c) during all or some of the employment period, the person was in fact an employee other than a casual employee for the purposes of the National Employment Standards; and
 (d) the person makes a claim to be paid an amount in lieu of one or more of the relevant NES entitlements.
Note 1: This regulation is intended to apply if the person has been mistakenly classified as a casual employee during all or some of the employment period.
Note 2: For the purposes of paragraph (b), examples of where it may be clearly identifiable that an amount is paid to compensate the person for not having one or more relevant NES entitlements include in correspondence, pay slips, contracts and relevant industrial instruments.
 (2) To avoid doubt, the employer may make a claim to have the loading amount taken into account in determining any amount payable by the employer to the person in lieu of one or more relevant NES entitlements.
 (3) This regulation does not affect the matters to which a court may otherwise have regard, at law or in equity, in determining an employer's claim to have the loading amount taken into account.
 (4) A reference in this regulation to a relevant NES entitlement is a reference