Fair Work (Registered Organisations) Act 2009

If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:

an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;

an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;

an order requiring the respondent to apologise to the target for taking, or threatening to take, the reprisal;

if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;

if the Court thinks it is appropriate—an order requiring the respondent to pay exemplary damages to the target;

any other order the Court thinks appropriate.

However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.

Notwithstanding subsection (2), the Court may make an order under subsection (1) if satisfied that:

the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and

the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and

the respondent failed in part or whole to fulfil that duty.

Any of the following persons may make an application under subsection (1):

the target;

the General Manager;

the Fair Work Ombudsman (within the meaning of the Fair Work Act).

If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.

If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:

aided, abetted, counselled or procured the conduct; or

induced the conduct, whether through threats or promises or otherwise; or

failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or

been in any way (directly or indirectly) knowingly concerned in or a party to the conduct; or

conspired with others to effect the conduct.