Fair Work Act 2009

This section applies if the Fair Work Ombudsman reasonably believes that a person has contravened a civil remedy provision.

The Fair Work Ombudsman may accept a written undertaking given by the person in relation to the contravention, except as provided by subsection (5).

The person may withdraw or vary the undertaking at any time, but only with the Fair Work Ombudsman’s consent.

An inspector must not apply for an order under Division 2 of Part 4‑1 in relation to a contravention of a civil remedy provision by a person if an undertaking given by the person under this section in relation to the contravention has not been withdrawn.

A person other than an inspector who is otherwise entitled to apply for an order in relation to the contravention may do so.

The Fair Work Ombudsman must not accept an undertaking in relation to a contravention if the person has been given a notice in relation to the contravention under section 716.

If the Fair Work Ombudsman considers that the person who gave the undertaking has contravened any of its terms, the Fair Work Ombudsman may apply to the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) or an eligible State or Territory Court for an order under subsection (7).

If the court is satisfied that the person has contravened a term of the undertaking, the court may make one or more of the following orders:

an order directing the person to comply with the term of the undertaking;

an order awarding compensation for loss that a person has suffered because of the contravention;

any other order that the court considers appropriate.