675Contravening an FWC order

675 Contravening an FWC order

(1) A person commits an offence if:

(a) the FWC has made an order under this Act; and

(b) either of the following applies:

(i) the order applies to the person;

(ii) a term of the order applies to the person; and

(c) the person engages in conduct; and

(d) the conduct contravenes:

(i) a term of the order referred to in subparagraph (b)(i); or

(ii) the term referred to in subparagraph (b)(ii).

(2) However, subsection (1) does not apply to the following orders:

(aa) an order under subsection 65C(1) (which deals with arbitration of disputes relating to requests for flexible working arrangements);

(ab) an order under subsection 76C(1) (which deals with the extension of periods of unpaid parental leave);

(ac) an order under subsection 66MA(1) (which deals with casual employment);

(a) an order under Part 2‑3 (which deals with modern awards);

(aaa) an order under subsection 177A(7) (certificate to be a bargaining representative);

(b) a bargaining order;

(c) a scope order;

(d) an order under Part 2‑6 (which deals with minimum wages);

(e) an equal remuneration order;

(f) an order under Part 2‑8 (which deals with transfer of business);

(fa) an order under Division 6 of Part 2‑9 (which deals with the employee right to disconnect);

(g) an order under Division 6 of Part 3‑3 (which deals with the suspension or termination of protected industrial action);

(h) a protected action ballot order, or an order in relation to a protected action ballot order or a protected action ballot;

(i) an order under Part 3‑5 (which deals with stand down);

(ia) an order under Part 3‑5A (which deals with sexual harassment in connection with work);

(ib) an order under subsection 587A(1) (which deals with further applications after dismissal);

(j) an order under Part 6‑4B (which deals with workers bullied at work);

(k) an order under Part 6‑4C (which deals with the Coronavirus economic response);

(l) a minimum standards order;

(m) a road transport contractual chain order.

Penalty: Imprisonment for 12 months.

(3) Strict liability applies to paragraphs (1)(a) and (b).

Note: For strict liability, see section 6.1 of the Criminal Code.