Employees etc. may apply to court in respect of certain contraventions
39DA Employees etc. may apply to court in respect of certain contraventions
Employees
A person who is or was an eligible employee may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order under section 39DB in relation to a contravention or proposed contravention of a civil penalty provision of this Part if the person:
is affected by the contravention; or
will be affected by the proposed contravention.
Employee organisations
An employee organisation may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order under section 39DB in relation to a contravention or proposed contravention of a civil penalty provision of this Part if:
the organisation has a member who:
is affected by the contravention; or
will be affected by the proposed contravention; or
the organisation is entitled to represent the industrial interests of a person who:
is affected by the contravention; or
will be affected by the proposed contravention.
Industrial associations
An industrial association may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order under section 39DB in relation to a contravention or proposed contravention of a civil penalty provision of this Part if:
the industrial association:
is affected by the contravention; or
will be affected by the proposed contravention; or
the industrial association is entitled to represent the industrial interests of a person who:
is affected by the contravention; or
will be affected by the proposed contravention.
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