Fair Work Act 2009

A contravention of a civil remedy provision by a person is a serious contravention if:

the person knowingly contravened the provision; or

the person was reckless as to whether the contravention would occur.

For the liability of bodies corporate for serious contraventions, see section 557B.

Generally, subsection 323(1) requires an employer to pay an employee the full amount payable to the employee in relation to the performance of work.

For the purposes of subsection (1), a person is reckless as to whether a contravention would occur if:

the person is aware of a substantial risk that the contravention would occur; and

having regard to the circumstances known to the person, it is unjustifiable to take the risk.

A person (the involved person) who is involved in a contravention of a civil remedy provision by another person (the principal) commits a serious contravention of the provision only if:

the principal’s contravention was a serious contravention; and

the involved person knew that the principal’s contravention was a serious contravention.

If a person is applying for an order in relation to a serious contravention of a civil remedy provision, the person’s application under subsection 539(2) must specify the relevant serious contravention.

If, in proceedings for an order in relation to a serious contravention of a civil remedy provision, the court:

is not satisfied that the person has committed a serious contravention against that provision; and

is satisfied that the person has contravened that provision;