WORKPLACE RELATIONS ACT 1996 - SECT 718 Standing to apply for penalties or remedies under this Division
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 718
Standing to apply for penalties or remedies under this Division(1) The table sets out the persons who may apply for a penalty or other remedy under this Division in relation to a breach of an applicable provision.
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Standing |
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Item |
If the applicable provision is... |
These persons may apply... |
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1 |
a term of an ITEA |
(a) an employer that is bound by the ITEA; (b) an employee who is bound by the ITEA; (c) an organisation of employees that represents an employee who is bound by the ITEA (subject to subsection (5)); (d) an inspector |
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2 |
a term of the Australian Fair Pay and Conditions Standard |
(a) an employee whose employment is subject to the Standard; (b) an organisation of employees (subject to subsection (6)); (c) an inspector |
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3 |
a term of an award |
(a) an employer that is bound by the award; (b) an employee whose employment is subject to the award; (c) an organisation of employers that has a member affected by the breach; (d) an organisation of employees, a member of which is employed by the respondent employer and whose industrial interests the organisation is entitled, under its eligibility rules, to represent in relation to work carried on by the member for the employer; (da)if the term is an outworker term (within the meaning of Division 7 of Part 10)--a person or eligible entity (within the meaning of Division 7 of Part 10) that is bound by the award; (e) an inspector |
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4 |
a term of a collective agreement |
(a) an employer that is bound by the agreement; (b) an employee who is bound by the agreement; (c) an organisation of employees (subject to subsection (6)); (d) an inspector |
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5 |
a term of an order of the Commission |
(a) a person who is bound by the order; (b) an organisation of employers that has a member affected by the breach; (c) an organisation of employees, a member of which is employed by the respondent employer and whose industrial interests the organisation is entitled, under its eligibility rules, to represent in relation to work carried on by the member for the employer; (d) an inspector |
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5A |
section 346ZG (no‑disadvantage test compensation) |
(a) an employee to whom section 346ZG applies; (b) an organisation of employees (subject to subsection (6)); (c) an inspector |
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6 |
section 607 (meal breaks) |
(a) an employee to whom section 607 applies; (b) an organisation of employees (subject to subsection (6)); (c) an inspector |
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6A |
section 612 (public holidays) |
(a) an employee to whom section 612 applies; (b) an organisation of employees (subject to subsection (6)); (c) an inspector |
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7 |
section 689 (extended entitlement to parental leave) |
(a) an employee to whom section 689 applies; (b) an organisation of employees (subject to subsection (6)); (c) an inspector |
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8 |
subsection 691B(1) (prohibition of unauthorised stand downs) |
(a) an employee to whom subsection 691B(1) applies; (b) an inspector |
Note 1: Workplace determinations are treated for the purposes of this Act as if they were collective agreements (see section 506). Undertakings are treated the same way (see section 394). This means that they are covered by table item 4.
(2) For the purposes of table items 2, 3, 4, 5A, 6, 6A, 7 and 8 in subsection (1), a reference to an employee is a reference to an employee who is affected by the breach of the applicable provision.
(3) For the purposes of table items 3 and 4 in subsection (1), a reference to an employer is a reference to an employer that is affected by the breach of the applicable provision.
(4) For the purposes of table item 5 in subsection (1), a reference to a person bound by the order is a reference to a person bound by the order who is affected by the breach of the order.
(5) An organisation of employees that represents an employee who is bound by an ITEA must not apply on behalf of the employee for a penalty or other remedy under this Division in relation to a breach of an applicable provision of the ITEA unless:
(a) the employee has requested, in writing, 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 in relation to work carried on by the employee for the employer.
(6) An organisation of employees must not apply for a penalty or other remedy under this Division in relation to a breach of an applicable provision that is:
(a) a term of the Australian Fair Pay and Conditions Standard; or
(b) a term of a collective agreement; or
(ba) section 346ZG; or
(c) section 607; or
(d) section 612; or
(e) section 689;
unless:
(f) a member of the organisation is employed by the respondent employer; and
(g) the breach relates to, or affects, the member of the organisation or work carried on by the member for the employer.