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WORKPLACE RELATIONS ACT 1996 - SECT 605 Civil penalties

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 605

Civil penalties

             (1)  The following are civil remedy provisions for the purposes of this section:

                     (a)  subsection 599(4);

                     (b)  subsections 602(2) and (4);

                     (c)  subsections 603(1), (2) and (3);

                     (d)  subsection 603A(2);

                     (e)  subsection 603B(1).

Note:          Division 3 of Part 14 contains other provisions relevant to civil remedies.

             (2)  The Court may order a person who has contravened a civil remedy provision to pay a pecuniary penalty.

             (3)  The penalty cannot be more than 300 penalty units for a body corporate or 60 penalty units in other cases.

             (4)  An application for an order under subsection (2) in relation to subsection 599(4) (parental leave entitlements) may be made by:

                     (a)  a transferring employee mentioned in that subsection; or

                     (b)  an organisation of employees that is entitled, under its eligibility rules, to represent the industrial interests of a transferring employee mentioned in that subsection and has been requested by the transferring employee to apply for the order on the transferring employee's behalf; or

                     (c)  a workplace inspector; or

                     (d)  the new employer mentioned in that subsection.

             (5)  An application for an order under subsection (2) in relation to an instrument, or in relation to a preserved redundancy provision that was previously included in an instrument, listed in the following table may be made by a person specified in the item of the table relating to that kind of instrument:

 

Item

Instrument

People with standing to apply for order

1

ITEA

(a) the transferring employee; or

(b) an organisation of employees that is entitled, under its eligibility rules, to represent the industrial interests of the transferring employee and has been requested by the transferring employee to apply for the order on the transferring employee's behalf; or

(c) a workplace inspector

2

collective agreement

(a) the transferring employee; or

(b) an organisation of employees that is bound by the agreement or the redundancy provision; or

(c) an organisation of employees that is entitled, under its eligibility rules, to represent the industrial interests of a transferring employee and has been requested by the transferring employee to apply for the order on the transferring employee's behalf; or

(d) a workplace inspector

3

award

(a) a transferring employee; or

(b) an organisation of employees that is entitled, under its eligibility rules, to represent the industrial interests of a transferring employee; or

(c) a workplace inspector