539Applications for orders in relation to contraventions of civil remedy provisions

539 Applications for orders in relation to contraventions of civil remedy provisions

(1) A provision referred to in column 1 of an item in the table in subsection (2) is a civil remedy provision.

(2) For each civil remedy provision, the persons referred to in column 2 of the item may, subject to sections 540 and 544 and Subdivision B, apply to the courts referred to in column 3 of the item for orders in relation to a contravention or proposed contravention of the provision, including the maximum penalty referred to in column 4 of the item.

Note 1: Civil remedy provisions within a single Part may be grouped together in a single item of the table.

Note 2: Applications cannot be made by an inspector in relation to a contravention of a civil remedy provision by a person in certain cases where an undertaking or compliance notice has been given (see subsections 715(4) and 716(4A)).

Note 3: The regulations may also prescribe persons for the purposes of an item in column 2 of the table (see subsection 540(8)).

Note 3A: The penalties referred to in column 4 of the table are adjusted for bodies corporate and for contraventions associated with underpayment amounts (see section 546).

Note 4: See section 557A in relation to a serious contravention of a civil remedy provision.

• Standing, jurisdiction and maximum penalties
• Item Column 1 Civil remedy provision Column 2 Persons Column 3 Courts Column 4 Maximum penalty
• Part 2‑1—Core provisions
• 1 44 (a) an employee;(b) an employee organisation;(c) an inspector (a) the Federal Court;(b) the Federal Circuit and Family Court of Australia (Division 2);(c) an eligible State or Territory court for a serious contravention—600 penalty units; orotherwise—60 penalty units
• 2 45 (other than in relation to a contravention or proposed contravention of an outworker term) (a) an employee;(b) an employer;(c) an employee organisation;(d) an employer organisation;(e) an inspector (a) the Federal Court;(b) the Federal Circuit and Family Court of Australia (Division 2);(c) an eligible State or Territory court for a serious contravention—600 penalty units; orotherwise—60 penalty units
• 3 45 (in relation to a contravention or proposed contravention of an outworker term) (a) an outworker;(b) an employer;(c) an outworker entity;(d) an employee organisation;(e) an employer organisation;(f) an inspector (a) the Federal Court;(b) the Federal Circuit and Family Court of Australia (Division 2);(c) an eligible State or Territory court for a serious contravention—600 penalty units; orotherwise—60 penalty units
• 4 50 (other than in relation to a contravention or proposed contravention of a term that would be an outworker term if it were included in a modern award) (a) an employee;(b) an employer;(c) an employee organisation to which the enterprise agreement concerned applies;(d) an inspector (a) the Federal Court;(b) the Federal Circuit and Family Court of Australia (Division 2);(c) an eligible State or Territory court for a serious contravention—600 penalty units; orotherwise—60 penalty units