NMWM10050 - Accommodation and accommodation offset: examples and comments: when is the employer regarded as responsible for the provision of accommodation?

Relevant legislation

The legislation that applies to this page is as follows:

  • National Minimum Wage Regulations 2015, regulation 10(f)

The employer can only be regarded as being responsible for the provision of accommodation to a worker in specific situations (NMWM10040). In all other circumstances the employer is not regarded as responsible for the provision of accommodation.

When the employer is regarded as being responsible for the provision of accommodation, the accommodation must also be regarded as living accommodation (NMWM10100) for the accommodation offset (NMWM10020) to apply.

The following examples and comments are provided to help illustrate some of the issues which may arise.

Manual Page Example

NMWM10060

Example 1 - Worker has a joint tenancy agreement

NMWM10070

Example 2 - Employer pays the cost of accommodation

NMWM10080

Example 3 - Worker chooses not to use the accommodation

NMWM10090

Example 4 - Employer provides a caravan pitch