Fair Work Act 2009

For the purposes of this Part, 2 or more contraventions of a civil remedy provision referred to in subsection (2) are, subject to subsection (3), taken to constitute a single contravention if:

the contraventions are committed by the same person; and

the contraventions arose out of a course of conduct by the person.

The civil remedy provisions are the following:

section 44 (which deals with contraventions of the National Employment Standards);

section 45 (which deals with contraventions of modern awards);

section 50 (which deals with contraventions of enterprise agreements);

section 280 (which deals with contraventions of workplace determinations);

section 293 (which deals with contraventions of national minimum wage orders);

section 305 (which deals with contraventions of equal remuneration orders);

subsection 306F(2) (which deals with the protected rate of pay payable to employees covered by a regulated labour hire arrangement order);

subsection 306H(3) (which deals with the obligations of regulated hosts covered by a regulated labour hire arrangement order);

subsection 306N(3) (which deals with the contravention of alternative protected rate of pay orders);

subsection 306Q(7) (which deals with the contravention of arbitrated protected rate of pay orders);

subsection 323(1) (which deals with methods and frequency of payment);

subsection 323(3) (which deals with methods of payment specified in modern awards or enterprise agreements);

subsection 325(1) (which deals with unreasonable requirements on employees to spend or pay amounts);

subsection 325(1A) (which deals with unreasonable requirements on prospective employees to spend or pay amounts);

subsection 417(1) (which deals with industrial action before the nominal expiry date of an enterprise agreement etc.);

subsection 421(1) (which deals with contraventions of orders in relation to industrial action);

section 434 (which deals with contraventions of Ministerial directions in relation to industrial action);

subsection 527D(1) (which deals with sexual harassment in connection with work);

subsection 530(4) (which deals with notifying Centrelink of certain proposed dismissals);

subsections 535(1), (2) and (4) (which deal with employer obligations in relation to employee records);

subsections 536(1), (2) and (3) (which deal with employer obligations in relation to pay slips);

subsections 536AA(1) and (2) (which deal with employer obligations in relation to advertising rates of pay);

section 536JB (which deals with contraventions of minimum standards orders);

section 536JJ (which deals with contraventions of collective agreements);

section 536NK (which deals with contraventions of orders under Division 4 of Part 3A‑5);

section 536NP (which deals with contraventions of road transport contractual chain orders);

section 745 (which deals with contraventions of the extended parental leave provisions);

section 757BA (which deals with employer obligations in relation to pay slips relating to paid leave to which the person is entitled because of section 757B);

section 757C (which deals with contraventions of the extended paid family and domestic violence leave provisions);

section 760 (which deals with contraventions of the extended notice of termination provisions);

subsection 785(4) (which deals with notifying Centrelink of certain proposed terminations);

any other civil remedy provisions prescribed by the regulations.

Subsection (1) does not apply to a contravention of a civil remedy provision that is committed by a person after a court has imposed a pecuniary penalty on the person for an earlier contravention of the provision.