Commonwealth Consolidated Acts

COAL MINING INDUSTRY (LONG SERVICE LEAVE) ADMINISTRATION ACT 1992 - SECT 39DA

Employees

  (1)   A person who is or was an eligible employee may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) for an order under section   39DB in relation to a contravention or proposed contravention of a civil penalty provision of this Part   if the person:

  (a)   is affected by the contravention; or

  (b)   will be affected by the proposed contravention.

Employee organisations

  (2)   An employee organisation may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) for an order under section   39DB in relation to a contravention or proposed contravention of a civil penalty provision of this Part   if:

  (a)   the organisation has a member who:

  (i)   is affected by the contravention; or

  (ii)   will be affected by the proposed contravention; or

  (b)   the organisation is entitled to represent the industrial interests of a person who:

  (i)   is affected by the contravention; or

  (ii)   will be affected by the proposed contravention.

Industrial associations

  (3)   An industrial association may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) for an order under section   39DB in relation to a contravention or proposed contravention of a civil penalty provision of this Part   if:

  (a)   the industrial association:

  (i)   is affected by the contravention; or

  (ii)   will be affected by the proposed contravention; or

  (b)   the industrial association is entitled to represent the industrial interests of a person who:

  (i)   is affected by the contravention; or

  (ii)   will be affected by the proposed contravention.