717DTermination of cooperation agreement by Fair Work Ombudsman

717D Termination of cooperation agreement by Fair Work Ombudsman

(1) The Fair Work Ombudsman may terminate a cooperation agreement with a person at any time, by written notice to the person, if the Fair Work Ombudsman is satisfied that any of the following grounds exist:

(a) the person has contravened a term of the agreement;

(b) the person has, in relation to the agreement, given information or produced a document to the Fair Work Ombudsman, an inspector, or a person referred to in subsection 712AA(2) that:

(i) is false or misleading; or

(ii) for information—omits any matter or thing without which the information is misleading;

whether the person gave the information or produced the document before the agreement was entered into or since;

(c) any other ground prescribed by the regulations.

(2) If the Fair Work Ombudsman is satisfied that a ground exists for terminating a cooperation agreement with a person, the Fair Work Ombudsman may, instead of terminating the agreement, apply to the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) or an eligible State or Territory Court for an order under subsection (3).

(3) If the court is satisfied that the ground exists, the court may make one or more of the following orders:

(a) an order directing the person to comply with a term of the cooperation agreement, or to give or produce correct and complete information or documents;

(b) an order awarding compensation for loss that a person has suffered because of matters constituting the ground for terminating the agreement;

(c) any other order that the court considers appropriate.