Liability of apparent employer for unpaid wages and superannuation
383 Liability of apparent employer for unpaid wages and superannuation
Subject to subsection (5), an apparent employer served with an unpaid wages claim is liable for the amount claimed unless the apparent employer proves in proceedings under section 386 that—
the work was not done; or
an amount claimed is not the correct amount; or
an amount claimed has already been paid.
An apparent employer may, within 14 days after being served with an unpaid wages claim, refer the claim to another person whom the apparent employer reasonably believes is the person for whom the work was done (the referred employer).
However, the claim can not be referred to a person whose only connection with the clothing industry is the sale of clothing by retail.
An apparent employer refers an unpaid wages claim by—
serving the referred employer with a copy of the unpaid wages claim and a written notice that states—
the name and address of the apparent employer; and
the date on which the outworker served the apparent employer with the unpaid wages claim; and
advising the outworker in writing of—
the name and address of the referred employer; and
the date on which the apparent employer served the referred employer with the referred claim.
The apparent employer is not liable for any part of the amount claimed in an unpaid wages claim for which the referred employer accepts liability under section 384.
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