Industrial Relations Act 2016

This section applies if an attachment notice is served on the prime contractor.

The prime contractor must keep from the amounts payable, or to become payable, by the prime contractor to the employer for the contracted work an amount sufficient to satisfy—

the claim for wages stated in the notice; and

all further claims for wages stated in notices of attachment served on the prime contractor within 7 days after the service of the first notice.

At the end of the 7 day period, the amount claimed as wages and stated in the notices is attached in the prime contractor’s hands, and must be kept by the prime contractor until—

a magistrate orders to whom, and in what way, the amount must be paid; or

the prime contractor deals with the amount under subsection (4); or

the notices are withdrawn.

After being served with a notice, the prime contractor may pay the amount to which the notice relates to a clerk of the Magistrates Court until—

a magistrate makes an order in relation to the amount; or

the notice is withdrawn.

The payment—

must be accompanied by the notice or a copy of it; and

is a full discharge of the prime contractor from liability for the amount paid and costs of proceedings for the amount.

An amount paid to a clerk of the Magistrates Court may be paid out only—

on the order of a magistrate; or

if the relevant attachment notice is withdrawn.

A prime contractor who fails to keep, or to pay under subsection (4), an amount required by subsection (2) or (3) to be kept is personally liable to each employee in the amount of the employee’s claim for wages stated in the employee’s attachment notice served on the prime contractor.

An employee who has served an attachment notice on a prime contractor may withdraw the notice by giving notice of withdrawal to—

the prime contractor; and

the employer to whom amounts are payable, or are to become payable, by the prime contractor.