NMWM10100 - Accommodation and accommodation offset: living accommodation

Relevant legislation

The legislation that applies to this page is as follows:

• National Minimum Wage Regulations 2015, regulations 9, 10(f), 14(1), 15, 16 & 16(3)

For the accommodation offset (NMWM10020) to apply:

• the employer must be regarded as responsible for the provision of the accommodation to the worker (NMWM10040), and
• the accommodation must be regarded as living accommodation.

To form an opinion on whether the accommodation can be regarded as living accommodation, it is necessary for the Compliance Officer to consider the full circumstances and arrangements in place.

Although accommodation may provide the worker with access to and free use of suitable sleeping, washing and toilet facilities, these facilities are not the only factors to consider.

As long as the accommodation is habitable, the standard or age of the facilities provided do not have to reach any set standard to be considered as living accommodation but should be within the accommodation itself or reasonably close by. Compliance Officers should form a view based on an examination of the actual arrangements in place.

The accommodation does not have to include all the items a worker may desire. Living accommodation may still be provided when there is:

• a shared bathroom with no shower,
• no facilities to wash clothes.

Some example scenarios and comments are provided at (NMWM10110).