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FAIR WORK ACT 2009 - SECT 539

Applications for orders in relation to contraventions of civil remedy provisions

  (1)   A provision referred to in column 1 of an item in the table in subsection   (2) is a civil remedy provision .

  (2)   For each civil remedy provision, the persons referred to in column 2 of the item may, subject to sections   540 and 544 and Subdivision B, apply to the courts referred to in column 3 of the item for orders in relation to a contravention or proposed contravention of the provision, including the maximum penalty referred to in column 4 of the item.

Note 1:   Civil remedy provisions within a single Part may be grouped together in a single item of the table.

Note 2:   Applications cannot be made by an inspector in relation to a contravention of a civil remedy provision by a person in certain cases where an undertaking or compliance notice has been given (see subsections   715(4) and 716(4A)).

Note 3:   The regulations may also prescribe persons for the purposes of an item in column 2 of the table (see subsection   540(8)).

Note 4:   See section   557A in relation to a serious contravention of a civil remedy provision .

 

Standing, jurisdiction and maximum penalties

Item

Column 1
Civil remedy provision

Column 2
Persons

Column 3
Courts

Column 4
Maximum penalty

Part   2 - 1--Core provisions

1

44

(a) an employee;

(b) an employee organisation;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

2

45 (other than in relation to a contravention or proposed contravention of an outworker term)

(a) an employee;

(b) an employer;

(c) an employee organisation;

(d) an employer organisation;

(e) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

3

45 (in relation to a contravention or proposed contravention of an outworker term)

(a) an outworker;

(b) an employer;

(c) an outworker entity;

(d) an employee organisation;

(e) an employer organisation;

(f) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

4

50 (other than in relation to a contravention or proposed contravention of a term that would be an outworker term if it were included in a modern award)

(a) an employee;

(b) an employer;

(c) an employee organisation to which the enterprise agreement concerned applies;

(d) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

5

50 (in relation to a contravention or proposed contravention of a term that would be an outworker term if it were included in a modern award)

(a) an employee;

(b) an employer;

(c) an employee organisation;

(d) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

Part   2 - 2--The National Employment Standards

5AA

65C(6)

(a) an employee;

(b) an employee organisation;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

5AB

76C(7)

(a) an employee;

(b) an employee organisation;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

Part   2 - 4--Enterprise agreements

5A

179(1)

179(5)

(a) an employee;

(b) a bargaining representative for the proposed enterprise agreement;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

5B

180(4A)

180(4B)

180(4C)

(a) an employee;

(b) a bargaining representative for the proposed enterprise agreement;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

5C

226A(6)

(a) an employee;

(b) an employee organisation to which the enterprise agreement applied immediately before the termination of the agreement;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

6

233

(a) an employee who the proposed enterprise agreement will cover;

(b) a bargaining representative for the proposed enterprise agreement;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

Part   2 - 5--Workplace determinations

7

280

(a) an employee;

(b) an employer;

(c) an employee organisation to which the workplace determination concerned applies;

(d) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

Part   2 - 6--Minimum wages

8

293

(a) an employee;

(b) an employee organisation;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

Part   2 - 7--Equal remuneration

9

305

(a) an employee;

(b) an employee organisation;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

Part   2 - 7A--Regulated labour hire arrangement orders

9A

306EC(1)

306ED(2)

306ED(4)

306EE(2)

306EE(3)

306F(2)

306H(3)

306N(3)

306Q(7)

306S(1)

306SA(1)

306T

306U

306V

(a) an employee;

(b) an employee organisation;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

Part   2 - 9--Other terms and conditions of employment

10

323(1)
323(3)
325(1)
328(1)
328(2)
328(3)

(a) an employee;

(b) an employee organisation;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

10A

325(1A)

(a) a prospective employee;

(b) an employee;

(c) an employee organisation;

(d) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

10B

333D

(a) a prospective employee;

(b) an employee;

(c) an employee organisation;

(d) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

10C

333E

(a) a prospective employee;

(b) an employee;

(c) an employee organisation;

(d) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

10D

333K

(a) a prospective employee;

(b) an employee;

(c) an employee organisation;

(d) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

Part   3 - 1--General protections

11

340(1)
340(2)
343(1)
344
345(1)
346
348
349(1)
350(1)
350(2)
350A(1)
351(1)
352
353(1)
354(1)
355
369(3)

(a) a person affected by the contravention;

(b) an industrial association;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

11A

357(1)
358
359

(a) a person affected by the contravention;

(b) an industrial association;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

12

378

(a) a person to whom the costs are payable;

(b) an industrial association;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

Part   3 - 2--Unfair dismissal

13

405

(a) a person affected by the contravention;

(b) an employee organisation;

(c) an employer organisation;

(d) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

Part   3 - 3--Industrial action

14

417(1)

(a) an employee;

(b) an employer;

(c) an employee organisation covered by the enterprise agreement or workplace determination concerned;

(d) a person affected by the industrial action;

(e) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

15

421(1)

(a) a person affected by the contravention;

(b) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

16

434

an inspector

the Federal Court

60 penalty units

17

458(2)

(a) an employee;

(b) an employer;

(c) an applicant for the protected action ballot order;

(d) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

30 penalty units

18

462(1)
462(3)

(a) an employee;

(b) an employer;

(c) an applicant for the protected action ballot order;

(d) the protected action ballot agent (unless the protected action ballot agent is the Australian Electoral Commission);

(da) if the protected action ballot agent is the Australian Electoral Commission--the Electoral Commissioner;

(e) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

30 penalty units

19

463(1)
463(2)

(a) an employee;

(b) an employer;

(c) an applicant for the protected action ballot order;

(d) the protected action ballot agent (unless the protected action ballot agent is the Australian Electoral Commission);

(da) if the protected action ballot agent is the Australian Electoral Commission--the Electoral Commissioner;

(e) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

20

467(1)

(a) an employee;

(b) an employer;

(c) an applicant for the protected action ballot order;

(d) the protected action ballot agent (unless the protected action ballot agent is the Australian Electoral Commission);

(da) if the protected action ballot agent is the Australian Electoral Commission--the Electoral Commissioner;

(e) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

30 penalty units

21

470(1)

an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

22

473(1)
473(2)

(a) an employer;

(b) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

23

474(1)

an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

24

475(1)
475(2)

(a) an employer;

(b) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

Part   3 - 4--Right of entry

25

482(3)
483(4)
483B(4)
483C(5)
483D(4)
483E(5)
494(1)
495(1)
496
497
498
499
500
501
502(1)
503(1)
504
506
509
521C(3)
521D(3)

(a) a person affected by the contravention;

(b) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

26

517(1)

an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

Part   3 - 5--Stand down

27

527

(a) an employee;

(b) an employee organisation;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

Part   3 - 5A--Prohibiting sexual harassment in connection with work

27A

527D(1)

(a) a person affected by the contravention;

(b) an industrial association;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

60 penalty units

27B

527K

(a) a person affected by the contravention;

(b) an industrial association;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

27C

527S(4)

a person affected by the contravention;

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

60 penalty units

Part   3 - 6--Other rights and responsibilities

28

530(4)

(a) an employee;

(b) a registered employee association;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

30 penalty units

29

535(1)
535(2)
535(4)
536(1)
536(2)
536(3)

(a) an employee;

(b) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

for a serious contravention--600 penalty units; or

otherwise--60 penalty units

29AA

536AA(1)

536AA(2)

(a) an employee organisation;

(b) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

Part   4 - 1--Civil remedies

29A

558B(1)

558B(2)

(a) an employee;

(b) an employee organisation;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

Part   5 - 1--The Fair Work Commission

30

611(3)

(a) a person to whom the costs are payable;

(b) an employee organisation;

(c) an employer organisation;

(d) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

Part   5 - 2--Office of the Fair Work Ombudsman

30A

707A(1)

an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

31

711(3)

an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

30 penalty units

32

712(3)

an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

32A

712B(1)

an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

600 penalty units

33

716(5)

an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

33A

718A(1)

an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

Part   6 - 3--Extension of National Employment Standards entitlements

34

745
760

(a) an employee;

(b) a registered employee association;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

Part   6 - 3A--Transfer of business from a State public sector employer

34A

768AG

(a) the transferring employee;

(b) an employer;

(c) an employee organisation;

(d) an employer organisation;

(e) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

34B

768BT

(a) the transferring employee;

(b) an employer;

(c) an employee organisation;

(d) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

Part   6 - 4--Additional provisions relating to termination of employment

35

772(1)
777(3)

(a) a person affected by the contravention;

(b) an industrial association;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

36

782

(a) a person to whom the costs are payable;

(b) an industrial association;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

60 penalty units

37

785(4)

(a) an employee;

(b) a registered employee association;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2)

30 penalty units

Part   6 - 4B--Workers bullied at work

38

789FG

(a) a person affected by the contravention;

(b) an industrial association;

(c) an inspector

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(c) an eligible State or Territory court

60 penalty units

  (3)   The regulations may provide that a provision set out in the regulations is a civil remedy provision .

  (4)   If the regulations make provision as mentioned in subsection   (3):

  (a)   the regulations must set out:

  (i)   the persons who would be referred to in column 2; and

  (ii)   the courts that would be referred to in column 3; and

  (iii)   the maximum penalty that would be referred to in column 4;

    of the table in subsection   (2) if there were an item for the civil remedy provision in the table; and

  (b)   this Part has effect as if the matters referred to subparagraphs   (a)(i) to (iii) were set out in such an item in the table.

Note:   See section   798 for limits on the penalties that may be set out in the regulations.

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