The regulation of cryptocurrency to remunerate employees in Australia

Abstract

Cryptocurrency is a method of remunerating employees (‘cryptoremuneration’). However, crypto-remuneration has not been examined within the existing regulatory framework governing labour. This article explores the regulation of crypto-remuneration in Australia, specifically how labour, taxation and superannuation laws (state regulation), as well as the parties themselves (self-regulation) may regulate cryptocurrency as a method of reward for labour. It is argued that the Fair Work Act 2009 (Cth) and associated state legislation prohibits the payment of wages in cryptocurrency, and treats crypto-remuneration as a non-monetary benefit. The impact of regulation on how the parties may structure the remuneration package in the contract of employment is examined. Regulatory, price volatility and operational risks of crypto-remuneration are identified, as well as recommendations to stakeholders that can manage these risks.