Commonwealth Consolidated Acts

BUSINESS SERVICES WAGE ASSESSMENT TOOL PAYMENT SCHEME ACT 2015 - SECT 9

  (1)   If:

  (a)   a person lodges an effective acceptance; and

  (b)   immediately before lodging the acceptance, the person was a group member in relation to a relevant representative proceeding;

then, at the time the acceptance is lodged and by force of this section, the person ceases to be a group member in relation to the relevant representative proceeding .

  (2 )   Subsection   ( 1) has effect despite the provisions of Part   IVA of the Federal Court of Australia Act 1976 . In particular, a group member does not need to opt out of the proceeding in accordance with section   33J of that Act in order to cease to be a group member .

  ( 3 )   For the purposes of section   33F of the Federal Court of Australia Act 1976 , the lodging of an effective acceptance by a person or the doing of any other act under this Act or the rules does not constitute the taking of a step in a representative proceeding or co nducting part of the proceeding .

  (4 )   Any of the following is a relevant representative proceeding :

  (a)   the representative proce eding commenced by originating application in the Federal Court on 20   December 2013 as proceeding number VID 1367 of 2013;

  (b)   any other representative proceeding in the Federal Court :

  (i)   in which damages or compensation are claimed in connection with the use of a BSWAT assessment to work out a minimum wage payable to a person; or

  (ii)   in relation to which a person may be a group member on the same, or substantially the same, basis as the conditions in section   6 ;

  ( c )   any appeal, application for leave to appeal or application for special leave to appeal from any judgment in a proceeding referred to in paragraph   ( a) or (b) ;

  (d )   any appeal from any judgment in an appeal referred to in paragraph   ( c ).