327BThe Voluntary Small Business Wage Compliance Code

327B The Voluntary Small Business Wage Compliance Code

(1) The Minister may, by legislative instrument, declare a Voluntary Small Business Wage Compliance Code.

(2) If the Fair Work Ombudsman is satisfied that a small business employer complied with the Voluntary Small Business Wage Compliance Code in relation to a failure by the employer to pay an amount to, on behalf of, or for the benefit of, an employee, the Fair Work Ombudsman must not:

(a) refer any conduct that resulted in the failure to the Director of Public Prosecutions or the Australian Federal Police for action in relation to a possible offence against subsection 327A(1); or

(b) enter into a cooperation agreement with the employer that covers any conduct that resulted in the failure.

(3) The Fair Work Ombudsman must give the employer written notice of a decision under subsection (2).

(4) Subsection (2) does not affect:

(a) the power of an inspector to institute or continue civil proceedings in relation to the conduct; or

(b) the power of the Fair Work Ombudsman to accept an enforceable undertaking under section 715 in relation to the conduct; or

(c) the power of an inspector to give a notice under section 716 in relation to the conduct; or

(d) any other power or function of the Fair Work Ombudsman or an inspector that is not mentioned in paragraph (2)(a) or (b) of this section.