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WORKPLACE RELATIONS ACT 1996 - SECT 663 Application to courts in relation to alleged contravention of section 659, 660 or 661

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 663

Application to courts in relation to alleged contravention of section 659, 660 or 661

             (1)  Subject to subsection (5), an employee may apply under this section to the Court for an order under section 665 in respect of an alleged contravention of one or more of sections 659 and 660 by his or her employer.

             (2)  Subject to subsection (5), an employee may apply under this section to the Court or to an eligible court as defined in section 717 for an order under section 665 in respect of an alleged contravention of section 661 by his or her employer.

             (3)  Subject to subsection (5), a trade union that has made an application under section 643 on behalf of an employee on the ground of an alleged contravention of one or more of sections 659 and 661 may apply to a court under this section for an order under section 665 in respect of that alleged contravention or each of those alleged contraventions.

             (4)  Subject to subsection (5), an inspector, a trade union, or a trade union officer or employee who has made an application under section 643 in respect of an alleged contravention of section 660 may apply to the Court under this section for an order under section 665 in respect of that alleged contravention.

             (5)  An application under subsection (1), (2), (3) or (4) in respect of an alleged contravention of section 659, 660 or 661 may not be made to a court unless the applicant:

                     (a)  has received a certificate under subsection 650(2) regarding conciliation of an application made wholly or partly on the ground of the alleged contravention; and

                     (b)  has elected under section 651 to begin proceedings in that court for an order under section 665 in respect of the alleged contravention.

             (6)  The application must be made within 14 days after the lodgment of an election under subsection 651(6), or within such period as a court allows on an application made during or after those 14 days.

Note:          In Brodie‑Hanns v MTV Publishing Ltd (1995) 67 IR 298, the Industrial Relations Court of Australia set down principles relating to the exercise of its discretion under a similarly worded provision of the Industrial Relations Act 1988 .