716Compliance notices

716 Compliance notices

Application of this section

(1) This section applies if an inspector reasonably believes that a person has contravened one or more of the following:

(a) a provision of the National Employment Standards;

(b) a term of a modern award;

(c) a term of an enterprise agreement;

(d) a term of a workplace determination;

(e) a term of a national minimum wage order;

(f) a term of an equal remuneration order;

(fa) subsection 536AA(1) or (2) (which deal with employer obligations in relation to advertising rates of pay);

(fb) a term of a minimum standards order;

(fc) a term of a road transport contractual chain order;

(g) a provision of Part 6‑4C (which deals with the Coronavirus economic response);

(h) a jobkeeper enabling direction (within the meaning of Part 6‑4C);

(i) a provision of an agreement authorised by Part 6‑4C.

Giving a notice

(2) The inspector may, except as provided by subsection (4), give the person a notice requiring the person to do either or both of the following within such reasonable time as is specified in the notice:

(a) take specified action to remedy the direct effects of the contravention referred to in subsection (1) (including to calculate and pay the amount of any underpayment);

(b) produce reasonable evidence of the person’s compliance with the notice.

(3) The notice must also:

(a) set out the name of the person to whom the notice is given; and

(b) set out the name of the inspector who gave the notice; and

(c) set out brief details of the contravention; and

(d) explain that a failure to comply with the notice may contravene a civil remedy provision; and

(e) explain that the person may apply to the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) or an eligible State or Territory Court for a review of the notice on either or both of the following grounds:

(i) the person has not committed a contravention set out in the notice;

(ii) the notice does not comply with subsection (2) or this subsection; and

(f) set out any other matters prescribed by the regulations.

Relationship with enforceable undertakings

(4) An inspector must not give a person a notice in relation to a contravention if:

(a) the person has given an undertaking under section 715 in relation to the contravention; and

(b) the undertaking has not been withdrawn.