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FAIR WORK ACT 2009 - SECT 716

Compliance notices

Application of this section

             (1)  This section applies if an inspector reasonably believes that a person has contravened one or more of the following:

                     (a)  a provision of the National Employment Standards;

                     (b)  a term of a modern award;

                     (c)  a term of an enterprise agreement;

                     (d)  a term of a workplace determination;

                     (e)  a term of a national minimum wage order;

                      (f)  a term of an equal remuneration order.

Giving a notice

             (2)  The inspector may, except as provided by subsection (4), give the person a notice requiring the person to do either or both of the following within such reasonable time as is specified in the notice:

                     (a)  take specified action to remedy the direct effects of the contravention referred to in subsection (1);

                     (b)  produce reasonable evidence of the person's compliance with the notice.

             (3)  The notice must also:

                     (a)  set out the name of the person to whom the notice is given; and

                     (b)  set out the name of the inspector who gave the notice; and

                     (c)  set out brief details of the contravention; and

                     (d)  explain that a failure to comply with the notice may contravene a civil remedy provision; and

                     (e)  explain that the person may apply to the Federal Court, the Federal Circuit Court or an eligible State or Territory Court for a review of the notice on either or both of the following grounds:

                              (i)  the person has not committed a contravention set out in the notice;

                             (ii)  the notice does not comply with subsection (2) or this subsection; and

                      (f)  set out any other matters prescribed by the regulations.

Relationship with enforceable undertakings

             (4)   An inspector must not give a person a notice in relation to a contravention if:

                     (a)  the person has given an undertaking under section 715 in relation to the contravention; and

                     (b)  the undertaking has not been withdrawn.

Relationship with civil remedy provisions

          (4A)  An inspector must not apply for an order under Division 2 of Part 4-1 in relation to a contravention of a civil remedy provision by a person if:

                     (a)  the inspector has given the person a notice in relation to the contravention; and

                     (b)  either of the following subparagraphs applies:

                              (i)  the notice has not been withdrawn, and the person has complied with the notice;

                             (ii)  the person has made an application under section 717 in relation to the notice that has not been completely dealt with.

Note:          A person other than an inspector who is otherwise entitled to apply for an order in relation to the contravention may do so.

          (4B)  A person who complies with a notice in relation to a contravention of a civil remedy provision is not taken:

                     (a)  to have admitted to contravening the provision; or

                     (b)  to have been found to have contravened the provision.

Person must not fail to comply with notice

             (5)  A person must not fail to comply with a notice given under this section.

Note:          This subsection is a civil remedy provision (see Part 4-1).

             (6)  Subsection (5) does not apply if the person has a reasonable excuse.



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