QLDIn ForceAct
Industrial Relations Act 2016
sec.363Employees to be paid according to when attachment notices are served
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### sec.363 Employees to be paid according to when attachment notices are served
An amount attached in the hands of a prime contractor, or paid to a clerk of the Magistrates Court, is to be paid in priority according to the order of the service of the relevant attachment notices.
However, for this section, all notices served within 7 days after the service of the first notice are—
taken to have been served simultaneously with the first notice; and
accorded equal priority to distribution of the amount attached or paid.
The claims for wages of all employees who are taken to have served notices simultaneously must be paid in full, unless the amounts attached in the hands of the prime contractor or held by the clerk are insufficient for the purpose.
If the amounts are insufficient for the purpose, the claims are to abate in equal proportions among themselves.
Subsection (1) is subject to sections 360 to 362 .
(sec.363-ssec.1) An amount attached in the hands of a prime contractor, or paid to a clerk of the Magistrates Court, is to be paid in priority according to the order of the service of the relevant attachment notices.
(sec.363-ssec.2) However, for this section, all notices served within 7 days after the service of the first notice are— taken to have been served simultaneously with the first notice; and accorded equal priority to distribution of the amount attached or paid.
(sec.363-ssec.3) The claims for wages of all employees who are taken to have served notices simultaneously must be paid in full, unless the amounts attached in the hands of the prime contractor or held by the clerk are insufficient for the purpose.
(sec.363-ssec.4) If the amounts are insufficient for the purpose, the claims are to abate in equal proportions among themselves.
(sec.363-ssec.5) Subsection (1) is subject to sections 360 to 362 .
- (a) taken to have been served simultaneously with the first notice; and
- (b) accorded equal priority to distribution of the amount attached or paid.