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s 476

Requirements for application

In force
Chapter 11Industrial tribunals and registry
Part 2Industrial relations commission
Division 4Particular powers of commission
Subdivision 9Recovery of unpaid wages

476 Requirements for application

(1)

An application for an order mentioned in section 475 may only be made if the total amount claimed is $100,000 or less.

(2)

The application may be made by—

(a)

for a claim for occupational superannuation—an employee who is an eligible employee on whose behalf an employer is required to contribute to an approved superannuation fund; or

(b)

for any other claim—an employee; or

(c)

an employee organisation of which the eligible employee or employee is a member, acting for the employee; or

(d)

a person authorised by the eligible employee or employee to make the application, acting for the employee; or

(e)

an inspector.

(3)

However, a person can not make an application under this section if an application has been made under section 379, 386 or 396 for the same matter.

(4)

The application must be made within 6 years after the amount claimed became payable.

(5)

In this section—

occupational superannuation includes an amount equal to the return that would have accrued in relation to the occupational superannuation had it been properly paid to an approved superannuation fund.

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