Schedule 3

Civil penalties

In force

sections 570, definition relevant industrial tribunal, 572 and 576

Civil remedy provision	Applicants	Industrial tribunal	Maximum penalty for an individual
Chapter 3—Modern awards
s 151 (Contravention of modern awards)	(a)an employee to whom the modern award applies(b)an employee organisation of which an employee mentioned in paragraph (a) is a member(c)an inspector	the commission	27 penalty units
Chapter 4—Collective bargaining
s 176(3) (Commission’s role in conciliation)	a person affected by the contravention	the commission	27 penalty units
s 218 (Contravening bargaining instruments)	(a)an employee to whom the bargaining instrument applies(b)an employee organisation of which an employee mentioned in paragraph (a) is a member(c)an inspector	the commission	27 penalty units
s 234(3) (When industrial action is not protected industrial action)	(a)an employee whose employment is, or will be, subject to the bargaining instrument(b)another person covered, or who will be covered, by the instrument(c)a person prescribed by regulation	a magistrate	27 penalty units
s 238(1) (Employer must not prejudice employee for engaging in protected industrial action)	(a)the employee concerned(b)an employee organisation of which the employee is a member(c)an inspector(d)a person prescribed by regulation	a magistrate	27 penalty units
s 244(1), (3) and (4) (Coercion)	(a)an employee whose employment is, or will be, subject to the bargaining instrument(b)another person covered, or who will be covered, by the instrument(c)the person who allegedly was intended to be coerced(d)an employee organisation of which the person is a member(e)an inspector(f)a person prescribed by regulation	a magistrate	27 penalty units
Chapter 5—Equal remuneration
s 251(4) (Commission may give directions about wage-related information)	(a)a person affected by the contravention(b)an employee organisation of which a person mentioned in paragraph (a) is a member(c)an employer organisation(d)an inspector	the commission	27 penalty units
Chapter 6—Industrial disputes
s 264(4) (Compulsory conference)	a person affected by the contravention	the commission	27 penalty units
Chapter 7—Employees bullied in the workplace
s 276 (Contravening an order to stop bullying)	(a)a person affected by the contravention(b)an industrial organisation entitled to represent the industrial interests of a person mentioned in paragraph (a)(c)an inspector	the commission	90 penalty units
Chapter 8—Rights and responsibilities of employees, employers, organisations etc.
ss 285(1) and (2) 287(1) (Coercion), (Protection), 288 (Undue influence or pressure), 289(1) (Misrepresentations), 291 (Protection), 292 (Coercion), 293(1) (Misrepresentations—engaging in industrial activity), 293A(2) (Misrepresentations —right to represent), 294(1) (Inducements—membership action), 295(1) (Discrimination), 296(1) (Domestic violence), 297(1) (Temporary absence—illness or injury), 298(1) (Bargaining service fees), 299(1) (Coverage by particular instruments), 300 (Coercion—allocation of duties etc. to particular person), 302(1) (Misrepresenting employment as independent contracting arrangement), 303 (Dismissing to engage as independent contractor),	(a)a person affected by the contravention(b)an industrial organisation entitled to represent the industrial interests of a person mentioned in paragraph (a)(c)an inspector	the commission	90 penalty units
304 (Misrepresentation to engage as independent contractor) and 314(2) (Orders on deciding application)
Chapter 9—Records and wages
s 354B(5) (Authority to give information)	(a)a person affected by the contravention(b)an employee organisation of which a person mentioned in paragraph (a) is a member(c)an inspector	the commission	27 penalty units
s 354C(2) (Requirement to give information)	(a)a person affected by the contravention(b)an employee organisation of which a person mentioned in paragraph (a) is a member(c)an inspector	the commission	27 penalty units
Chapter 10A—Independent couriers
s 406G(1) (Contravening contract instrument)	(a)an independent courier to whom the contract instrument applies	the commission	27 penalty units
	(b)an employee organisation or federal organisation of employees of which an independent courier mentioned in paragraph (a) is a member
	(c)an inspector
Chapter 12—Industrial organisations and associated entities
s 876K(2) (Providing assistance to administrator)	(a)the administrator under chapter 12, part 15A(b)a person prescribed by regulation	the commission	1,200 penalty units
s 876P(1) (Anti-avoidance provision)	(a)the administrator under chapter 12, part 15A(b)a person prescribed by regulation	the commission	1,200 penalty units

Regulations

This provision refers to the regulations (prescribed by regulation). Made under this Act:

This Act’s bill:Explanatory memorandum Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.