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Update to the Set off and absorption clause in the HR Legal Contract Templates
The recent Federal Court decision of Fair Work Ombudsman v Woolworths Group Limited; Coles Supermarkets Australia Pty Ltd 2025 FCA 1092 addressed the operation of contractual set off clauses.
In light of this decision, Kingston Reid has made updates to the
Set off and absorption clause
in Tanda HR Legal Contract Templates.Clause
2.3 Set off and absorption
now reads as follows: To the maximum extent permitted by law, the payment of your remuneration, additional payments and other benefits you receive from the Company are paid in full satisfaction of all payments, benefits and entitlements that the Company is legally obliged to provide to you (or pay on your behalf) under the applicable Industrial Laws, including but not limited to any:
a) minimum wages;
b) allowances;
c) overtime;
d) penalty rates;
e) weekend, public holiday and shift loadings;
f) annual leave loading; and
g) any other payment, benefit or entitlement arising under an applicable Industrial Law.
The payment of your remuneration and any additional payments for any day, week or month which is in excess of your entitlements under the Industrial Laws is in satisfaction of any entitlement for any other days, weeks or months in respect of which the payment of your remuneration may be less than your entitlements under the applicable Industrial Laws and may be set off against any or all such entitlements, to the maximum extent permitted by law.
These updates are now available in the HR Legal Contract Templates and can be viewed by navigating to
Workforce > Contracts & Documents > HR Legal Contract Templates.
For more information on the Tanda HR Legal Contract Templates, please see here.