Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 116D

Scope

  (1)   This section applies if:

  (a)   an employer has contravened, or allegedly contravened, a civil remedy provision that relates to a contravention of this Division; and

  (b)   the contravention, or alleged contravention, relates wholly or partly to an employee; and

  (c)   the employee or another person referred to in an item in column 2 of the table in subsection   539(2) would be entitled to apply for an order under Division   2 of Part   4 - 1 in relation to the contravention, or alleged contravention.

No application for orders in certain circumstances

  (2)   An application for such an order may not be made if:

  (a)   the Commissioner of Taxation has commenced proceedings against the employer to recover an amount of superannuation guarantee charge; and

  (b)   either:

  (i)   the Commissioner has obtained an order for recovery of the charge; or

  (ii)   if the proceedings have not been finally disposed of--the Commissioner has not discontinued the proceedings; and

  (c)   the employer's superannuation guarantee shortfall in respect of which the charge is imposed includes an individual superannuation guarantee shortfall for the employee.

  (3)   Terms (apart from employee and employer) used in this section that are defined in the Superannuation Guarantee (Administration) Act 1992 have the same meaning in this section as they have in that Act.