Document ID: chunk:federal_register_of_legislation:F2024L01635:reg:11
Version: federal_register_of_legislation:F2024L01635
Segment Type: reg
Provision Reference: reg 11
Character Range: 12248–13663

11  Other circumstances relating to the failure to pay the applicable amount and how the employer became aware of the failure
  For the purposes of subsection 6(4), other circumstances relating to the failure to pay the applicable amount and how the employer became aware of the failure may include, but are not limited to, the following:
 (a) whether the failure to pay the applicable amount arose from a mistake or error in payroll processes or by a financial institution;
 (b) whether the failure to pay the applicable amount arose because of ambiguity or competing interpretations of obligations in relation to employee pay, and the employer took a reasonable but incorrect interpretation (for example, a reasonable but incorrect interpretation of a modern award);
 (c) how the employer became aware of the failure to pay the applicable amount, for example because the employer proactively undertook an audit of their payroll compliance;
 (d) if the employer was made aware of the failure to pay the applicable amount by the employee or the employee's representative—how the employer responded to being made aware, and how promptly (if at all) the employer took reasonable steps to rectify the failure as mentioned in paragraph 6(3)(f);
 (e) whether the applicable amount the employer failed to pay was minimised because the employer took prompt steps to rectify the failure after becoming aware of the failure.