Business Services Wage Assessment Tool Payment Scheme Act 2015

If:

a person lodges an effective acceptance; and

immediately before lodging the acceptance, the person was a group member in relation to a relevant representative proceeding;

Subsection (1) has effect despite the provisions of Part IVA of the Federal Court of Australia Act 1976. In particular, a group member does not need to opt out of the proceeding in accordance with section 33J of that Act in order to cease to be a group member.

For the purposes of section 33F of the Federal Court of Australia Act 1976, the lodging of an effective acceptance by a person or the doing of any other act under this Act or the rules does not constitute the taking of a step in a representative proceeding or conducting part of the proceeding.

Any of the following is a relevant representative proceeding:

the representative proceeding commenced by originating application in the Federal Court on 20 December 2013 as proceeding number VID 1367 of 2013;

any other representative proceeding in the Federal Court:

in which damages or compensation are claimed in connection with the use of a BSWAT assessment to work out a minimum wage payable to a person; or

in relation to which a person may be a group member on the same, or substantially the same, basis as the conditions in section 6;

any appeal, application for leave to appeal or application for special leave to appeal from any judgment in a proceeding referred to in paragraph (a) or (b);

any appeal from any judgment in an appeal referred to in paragraph (c).