Power to recover unpaid wages and superannuation contribution etc.
475 Power to recover unpaid wages and superannuation contribution etc.
On application by a person under section 476, the commission may order payment of the following for the period of 6 years before the date of the application—
an employee’s unpaid wages;
an apprentice’s unpaid tool allowance under section 137;
remuneration lost by an apprentice or trainee because the employer has contravened section 371(2);
contributions to the approved superannuation fund payable for an eligible employee that are unpaid.
A presidential member may, either before or after the start of a hearing, remit the application to a magistrate if the presidential member considers the application could be more conveniently heard by a magistrate, having regard to, for example, costs or the difficulty or expense of producing witnesses.
If the application is remitted to a magistrate, the magistrate may hear and decide the application as if it had been brought before the commission, and the magistrate’s decision is taken to be a decision of the commission.
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