s92-94: ss 92 to 94 Cash out annual leave only under permitted terms, and require leave only reasonably
Paid annual leave is cashed out only under award or agreement cashing-out terms or, for award/agreement free employees, a separate written agreement for each cashing out that leaves at least 4 weeks' balance and pays at least the full amount the leave would have attracted. Requirements to take leave are made only where reasonable (for example excessive accrual or a shutdown), under award or agreement terms or for award/agreement free employees.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s92-94. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Signed cashing-out agreements, one per cash out, with remaining balance of at least 4 weeks; Payroll record of the amount paid for leave cashed out; Shutdown notices and excessive leave directions with reasons
What usually goes missing
Rolling or standing cash-out arrangements; Balances cashed below 4 weeks; Unreasonable directions to take leave
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.