FAIR WORK ACT 1994 - SECT 99D
FAIR WORK ACT 1994 - SECT 99D
99D—Outworker may initiate a claim against a responsible contractor
(1) An outworker may
initiate a claim for unpaid remuneration (an
"unpaid remuneration claim") against a person identified by the outworker as
the person who the outworker believes on reasonable grounds to be a
responsible contractor in relation to the outworker (the "apparent responsible
contractor ).
(2) The
unpaid remuneration claim may be for all or any of the remuneration that is
payable to the outworker on account of work performed by the outworker that
was (or apparently was) initiated or distributed by the apparent responsible
contractor (and it does not matter that there may be more than
1 responsible contractor).
(3) The
unpaid remuneration claim must be made within 6 months after the relevant work
is completed by the outworker.
(4) The
unpaid remuneration claim is to be made by serving a written notice on the
apparent responsible contractor that—
(a)
claims payment of the unpaid remuneration; and
(b) sets
out the following particulars:
(i)
the name of the outworker; and
(ii)
the address at which the outworker may be contacted; and
(iii)
a description of the work that has been performed; and
(iv)
the date or dates on which the work was performed; and
(v)
the amount of unpaid remuneration claimed in respect of
the work.
(5) The particulars
set out in the unpaid remuneration claim must be verified by statutory
declaration.
(6) A claim under this
section may only be made in respect of work performed after the commencement
of this section.