Applications for orders in relation to contraventions of civil remedy provisions
539 Applications for orders in relation to contraventions of civil remedy provisions
A provision referred to in column 1 of an item in the table in subsection (2) is a civil remedy provision.
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.
Civil remedy provisions within a single Part may be grouped together in a single item of the table.
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)).
The regulations may also prescribe persons for the purposes of an item in column 2 of the table (see subsection 540(8)).
Note 3A: The penalties referred to in column 4 of the table are adjusted for bodies corporate and for contraventions associated with underpayment amounts (see section 546).
See section 557A in relation to a serious contravention of a civil remedy provision.
Standing, jurisdiction and maximum penalties | ||||
|---|---|---|---|---|
Item | Column 1 | Column 2 | Column 3 | Column 4 |
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 |
5AAA | 66MA(8) | (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 | 300 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 | ||||
5AC | 177A(3) | (a) an employee; (b) a bargaining representative for the proposed enterprise agreement; (c) an inspector; (d) the General Manager; (e) the administrator of a scheme determined under subsection | (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 |
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) | (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 |
10E | 333Q | (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 |
10F | 333X(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); (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) | (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) | (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 |
11B | 359B | (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) | 300 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) | (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) | (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) | (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) | (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) | (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 |
25A | 503(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) | for a contravention by a removed person—600 penalty units; or otherwise—60 penalty units |
25B | 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) | (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 3A‑2—Minimum standards for regulated workers | ||||
29AB | 536JB | (a) a regulated worker covered by the relevant minimum standards order; (b) a regulated business covered by the relevant minimum standards order; (c) an 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 3A‑3—Unfair deactivation and unfair termination | ||||
29AC | 536MG | (a) a party to the relevant services contract; (b) a digital labour platform operator that arranged or facilitated entry into the relevant services contract; (c) an 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 3A‑4—Collective agreements | ||||
29AD | 536JJ | (a) a regulated worker covered by the collective agreement; (b) a regulated business covered by the collective agreement; (c) an organisation | (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 3A‑5—Unfair contract terms of services contracts | ||||
29AE | 536NK | (a) a party to the relevant services contract; (b) an 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 3B‑2—Minimum standards for persons in a road transport contractual chain | ||||
29AF | 536NP | (a) a person (the first person) covered by the relevant road transport contractual chain order; (b) an organisation entitled to represent the interests of the first person; (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 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 | (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 |
34AAA | 757BA | (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 |
34AA | 757C | (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) | (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 |
The regulations may provide that a provision set out in the regulations is a civil remedy provision.
If the regulations make provision as mentioned in subsection (3):
the regulations must set out:
the persons who would be referred to in column 2; and
the courts that would be referred to in column 3; and
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
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.
See section 798 for limits on the penalties that may be set out in the regulations.
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