Industrial Relations Act 2016

An employee stood down by an employer under section 333, may appeal to the commission against the stand-down.

If the employee is a member of an employee organisation, the organisation may start and conduct the appeal for the employee.

The commission may—

dismiss the appeal; or

allow the appeal and order the employee be paid, within a stated period, the wages lost by the employee because of the stand-down; or

if the employee remains stood down at the time of the commission’s decision—

allow the appeal; and

order the employer to provide for the resumption of work by the employee, immediately or on a stated day; and

make an order about payment of wages mentioned in paragraph (b).

If the commission makes an order under subsection (3)(b), it may include in the order provisions for its enforcement, other than by imprisonment, as if—

the commission were an Industrial Magistrates Court; and

the member who makes the order were a magistrate.

The order may be filed with the clerk of a Magistrates Court and on filing may be enforced as an order made by a magistrate.