367Order for recovery of payments not fixed by industrial instruments

#### 367 Order for recovery of payments not fixed by industrial instruments 367 Order for recovery of payments not fixed by industrial instruments > > (1) An industrial court may, on application, order an employer to pay an amount to an employee as remuneration for work done by the employee if— > > > > > (a) the rate or amount of that remuneration is not fixed by an industrial instrument, and > > > > > (b) an industrial instrument fixes the rate or amount of that remuneration when done by some other person, being an industrial instrument that is applicable to other work done by the employee or to the same work done by that employee in different circumstances (in either case being work done under the contract of employment with the same employer). > > > (2) The industrial court is not to make an order under this section unless it is satisfied that in the circumstances of the case it is just and equitable for the employer to remunerate the employee for the work concerned. > > > (3) For the purposes of an order under this section, the industrial court is to determine an appropriate rate or amount of remuneration for the work done. Any such determination applies only for the purposes of the application for the order and does not affect any relevant industrial instrument.