WORKPLACE RELATIONS ACT 1996 - SECT 405 Standing for civil remedies

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 405

             (1)  Any of the following persons may apply to the Court for an order under this Division in relation to a workplace agreement:

                     (a)  an employee who is or will be bound by the agreement;

                     (b)  if the person who contravened the civil remedy provision was not the employer in relation to the agreement, and the provision is mentioned in subsection (2)--the employer;

                     (c)  an organisation of employees that is or will be bound by the agreement;

                     (d)  an organisation of employees that represents an employee who is or will be bound by the agreement (subject to subsection (3));

                     (e)  if the agreement is an ITEA--a bargaining agent of the employee or of the employer;

                      (f)  a workplace inspector;

                     (g)  a person specified in regulations made for the purposes of this paragraph.

             (2)  The provisions are as follows:

                     (a)  subsection 334(2);

                     (b)  subsection 365(1);

                     (c)  subsection 366(1);

                     (d)  subsection 392(6);

                     (e)  subsection 393(6);

                      (f)  subsection 400(1);

                     (g)  subsection 400(3);

                     (h)  subsection 400(5);

                      (i)  subsection 401(1).

             (3)  An organisation of employees that represents an employee (as mentioned in paragraph (1)(d)) must not apply on behalf of an employee for a penalty or other remedy under this Division in relation to a contravention of a civil remedy provision unless:

                     (a)  the employee has requested the organisation to apply on the employee's behalf; and

                     (b)  a member of the organisation is employed by the employee's employer; and

                     (c)  the organisation is entitled, under its eligibility rules, to represent the industrial interests of the employee.