Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 558C

Right of responsible franchisor entity or holding company to recover

             (1)  This section applies if:

                     (a)  a person pays an amount to, or on behalf of, an employee pursuant to an order under subsection 545(1) relating to a contravention by the person of subsection 558B(1) or (2) in relation to a franchisee entity or subsidiary (the contravening employer ); and

                     (b)  the person has not otherwise recovered from the contravening employer an amount (the recoverable amount ) equal to the amount paid by the person.

             (2)  The person may commence proceedings against the contravening employer for payment to the person of so much of the recoverable amount as has not been recovered.

             (3)  The proceedings may be commenced in:

                     (a)  the Federal Court; or

                     (b)  the Federal Circuit Court; or

                     (c)  an eligible State or Territory court.

             (4)  The court may make an order requiring the contravening employer to pay the person the recoverable amount (or so much of it as has not been recovered from the contravening employer), if the court is satisfied that this section applies as referred to in subsection (1).

             (5)  In making the order, the court must, on application, include an amount of interest in the sum ordered, unless good cause is shown to the contrary.

             (6)  Without limiting subsection (5), in determining the amount of interest, the court must take into account the period between the day when the amount referred to in paragraph (1)(a) was paid by the person and the day when the order is made.

             (7)  Proceedings cannot be commenced under this section more than 6 years after the time when the person paid the amount referred to in paragraph (1)(a).



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