sec.915Paying employee’s wages etc. to inspector

### sec.915 Paying employee’s wages etc. to inspector An inspector may, by written demand, require an employer, within a stated time, to— pay to the inspector an employee’s unpaid wages, including an unpaid tool allowance required to be paid under an order made under section 137 ; and for an eligible employee, pay to a complying superannuation fund— the unpaid contributions payable under a relevant industrial instrument for the employee by the employer; and an amount based on the return that would have accrued had the contribution been properly paid to the fund. The employer must comply with the demand. Maximum penalty—40 penalty units. If an amount mentioned in subsection (1) (b) is not paid into a complying superannuation fund within the time stated in the written demand, the amount must be paid to the inspector. However, the employer need not comply with the written demand to the extent it relates to unpaid wages for which an order for recovery could not be made on an application under section 379 . In proceedings for an offence against subsection (2) , the magistrate may order the employer to pay the employee the amount the magistrate finds, on the balance of probabilities, is payable to the employee— in addition to the penalty the magistrate may impose; and whether or not the magistrate finds the employer guilty. If the magistrate finds an employer guilty of an offence against subsection (2) for failing to comply with subsection (1) (b) , the magistrate may make, in relation to the employer, an order that a magistrate may make on an application made under section 396 . If an order is made, section 396 applies to it. In this section— employee includes a former employee. (sec.915-ssec.1) An inspector may, by written demand, require an employer, within a stated time, to— pay to the inspector an employee’s unpaid wages, including an unpaid tool allowance required to be paid under an order made under section 137 ; and for an eligible employee, pay to a complying superannuation fund— the unpaid contributions payable under a relevant industrial instrument for the employee by the employer; and an amount based on the return that would have accrued had the contribution been properly paid to the fund. (sec.915-ssec.2) The employer must comply with the demand. Maximum penalty—40 penalty units. (sec.915-ssec.3) If an amount mentioned in subsection (1) (b) is not paid into a complying superannuation fund within the time stated in the written demand, the amount must be paid to the inspector. (sec.915-ssec.4) However, the employer need not comply with the written demand to the extent it relates to unpaid wages for which an order for recovery could not be made on an application under section 379 . (sec.915-ssec.5) In proceedings for an offence against subsection (2) , the magistrate may order the employer to pay the employee the amount the magistrate finds, on the balance of probabilities, is payable to the employee— in addition to the penalty the magistrate may impose; and whether or not the magistrate finds the employer guilty. (sec.915-ssec.6) If the magistrate finds an employer guilty of an offence against subsection (2) for failing to comply with subsection (1) (b) , the magistrate may make, in relation to the employer, an order that a magistrate may make on an application made under section 396 . (sec.915-ssec.7) If an order is made, section 396 applies to it. (sec.915-ssec.8) In this section— employee includes a former employee. - (a) pay to the inspector an employee’s unpaid wages, including an unpaid tool allowance required to be paid under an order made under section 137 ; and - (b) for an eligible employee, pay to a complying superannuation fund— (i) the unpaid contributions payable under a relevant industrial instrument for the employee by the employer; and (ii) an amount based on the return that would have accrued had the contribution been properly paid to the fund. - (i) the unpaid contributions payable under a relevant industrial instrument for the employee by the employer; and - (ii) an amount based on the return that would have accrued had the contribution been properly paid to the fund. - (i) the unpaid contributions payable under a relevant industrial instrument for the employee by the employer; and - (ii) an amount based on the return that would have accrued had the contribution been properly paid to the fund. - (a) in addition to the penalty the magistrate may impose; and - (b) whether or not the magistrate finds the employer guilty.