sec.364Employee may sue prime contractor

### sec.364 Employee may sue prime contractor Subsection (2) applies if— a prime contractor is served with a copy of a magistrate’s order made under section 362 (2) ; and the amount stated in the order and payable by the prime contractor is not paid in accordance with the order. The employee in whose favour the order is made may, in an Industrial Magistrates Court and in the employee’s own name, sue the prime contractor for the amount stated in the order and unpaid, by way of any action or proceedings the employer could have brought against the prime contractor as if— there had been no attachment of amounts under this part; and the amounts required by the attachment under section 360 to be kept were payable to the employer and unpaid. The employee’s entitlement is subject to the prime contractor’s right to set off against the employee’s claim all amounts— properly paid by the prime contractor to the employer under section 357 (2) ; and the employer was, when the notice was served on the prime contractor, liable to pay the prime contractor for a breach, or non-performance, of the contract or undertaking in performance of which the relevant work is or is to be performed. (sec.364-ssec.1) Subsection (2) applies if— a prime contractor is served with a copy of a magistrate’s order made under section 362 (2) ; and the amount stated in the order and payable by the prime contractor is not paid in accordance with the order. (sec.364-ssec.2) The employee in whose favour the order is made may, in an Industrial Magistrates Court and in the employee’s own name, sue the prime contractor for the amount stated in the order and unpaid, by way of any action or proceedings the employer could have brought against the prime contractor as if— there had been no attachment of amounts under this part; and the amounts required by the attachment under section 360 to be kept were payable to the employer and unpaid. (sec.364-ssec.3) The employee’s entitlement is subject to the prime contractor’s right to set off against the employee’s claim all amounts— properly paid by the prime contractor to the employer under section 357 (2) ; and the employer was, when the notice was served on the prime contractor, liable to pay the prime contractor for a breach, or non-performance, of the contract or undertaking in performance of which the relevant work is or is to be performed. - (a) a prime contractor is served with a copy of a magistrate’s order made under section 362 (2) ; and - (b) the amount stated in the order and payable by the prime contractor is not paid in accordance with the order. - (a) there had been no attachment of amounts under this part; and - (b) the amounts required by the attachment under section 360 to be kept were payable to the employer and unpaid. - (a) properly paid by the prime contractor to the employer under section 357 (2) ; and - (b) the employer was, when the notice was served on the prime contractor, liable to pay the prime contractor for a breach, or non-performance, of the contract or undertaking in performance of which the relevant work is or is to be performed.