(1) A provision referred to in column 1 of an item in the table in subsection (2) is a civil remedy provision .
(2) For each civil remedy provision, the persons referred to in column 2 of the item may, subject to sections 540 and 544 and Subdivision B, apply to the courts referred to in column 3 of the item for orders in relation to a contravention or proposed contravention of the provision, including the maximum penalty referred to in column 4 of the item.
Note 1: Civil remedy provisions within a single Part may be grouped together in a single item of the table.
Note 2: Applications cannot be made by an inspector in relation to a contravention of a civil remedy provision by a person in certain cases where an undertaking or compliance notice has been given (see subsections 715(4) and 716(4A)).
Note 3: The regulations may also prescribe persons for the purposes of an item in column 2 of the table (see subsection 540(8)).
Note 4: See section 557A in relation to a serious contravention of a civil remedy provision .
Standing, jurisdiction and maximum penalties | ||||
Item | Column 1
| Column 2 | Column 3 | Column 4 |
Part 2 - 1--Core provisions | ||||
1 | 44 | (a) an employee; (b) an employee organisation; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units |
2 | 45 (other than in relation to a contravention or proposed contravention of an outworker term) | (a) an employee; (b) an employer; (c) an employee organisation; (d) an employer organisation; (e) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units |
45 (in relation to a contravention or proposed contravention of an outworker term) | (a) an outworker; (b) an employer; (c) an outworker entity; (d) an employee organisation; (e) an employer organisation; (f) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units | |
4 | 50 (other than in relation to a contravention or proposed contravention of a term that would be an outworker term if it were included in a modern award) | (a) an employee; (b) an employer; (c) an employee organisation to which the enterprise agreement concerned applies; (d) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units |
50 (in relation to a contravention or proposed contravention of a term that would be an outworker term if it were included in a modern award) | (a) an employee; (b) an employer; (c) an employee organisation; (d) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units | |
Part 2 - 2--The National Employment Standards | ||||
5AA | 65C(6) | (a) an employee; (b) an employee organisation; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
5AAA | 66MA(8) | (a) an employee; (b) an employee organisation; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | 300 penalty units |
5AB | 76C(7) | (a) an employee; (b) an employee organisation; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
Part 2 - 4--Enterprise agreements | ||||
5AC | 177A(3) | (a) an employee; (b) a bargaining representative for the proposed enterprise agreement; (c) an inspector; (d) the General Manager; (e) the administrator of a scheme
determined under subsection | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | 600 penalty units |
179(1) 179(5) | (a) an employee; (b) a bargaining representative for the proposed enterprise agreement; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | ||
5B | 180(4A) 180(4B) 180(4C) | (a) an employee; (b) a bargaining representative for the proposed enterprise agreement; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
5C | 226A(6) | (a) an employee; (b) an employee organisation to which the enterprise agreement applied immediately before the termination of the agreement; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units |
233 | (a) an employee who the proposed enterprise agreement will cover; (b) a bargaining representative for the proposed enterprise agreement; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | ||
Part 2 - 5--Workplace determinations | ||||
7 | 280 | (a) an employee; (b) an employer; (c) an employee organisation to which the workplace determination concerned applies; (d) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units |
Part 2 - 6--Minimum wages | ||||
8 | 293 | (a) an employee; (b) an employee organisation; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units |
Part 2 - 7--Equal remuneration | ||||
305 | (a) an employee; (b) an employee organisation; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units | |
Part 2 - 7A--Regulated labour hire arrangement orders | ||||
9A | 306EC(1) 306ED(2) 306ED(4) 306EE(2) 306EE(3) 306F(2) 306H(3) 306N(3) 306Q(7) 306S(1) 306SA(1) 306T 306U 306V | (a) an employee; (b) an employee organisation; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units |
Part 2 - 9--Other terms and conditions of employment | ||||
323(1) | (a) an employee; (b) an employee organisation; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units | |
10A | 325(1A) | (a) a prospective employee; (b) an employee; (c) an employee organisation; (d) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units |
10B | 333D | (a) a prospective employee; (b) an employee; (c) an employee organisation; (d) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units |
333E | (a) a prospective employee; (b) an employee; (c) an employee organisation; (d) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units | |
10D | 333K | (a) a prospective employee; (b) an employee; (c) an employee organisation; (d) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units |
10E | 333Q | (a) a person affected by the contravention; (b) an industrial association; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
Part 3 - 1--General protections | ||||
340(1) | (a) a person affected by the contravention; (b) an industrial association; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | ||
11A | 357(1) | (a) a person affected by the contravention; (b) an industrial association; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | |
11B | 359B | (a) a person affected by the contravention; (b) an industrial association; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | 300 penalty units |
12 | 378 | (a) a person to whom the costs are payable; (b) an industrial association; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | |
Part 3 - 2--Unfair dismissal | ||||
405 | (a) a person affected by the contravention; (b) an employee organisation; (c) an employer organisation; (d) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | ||
Part 3 - 3--Industrial action | ||||
14 | 417(1) | (a) an employee; (b) an employer; (c) an employee organisation covered by the enterprise agreement or workplace determination concerned; (d) a person affected by the industrial action; (e) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | |
15 | 421(1) | (a) a person affected by the contravention; (b) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | |
16 | 434 | an inspector | the Federal Court | |
458(2) | (a) an employee; (b) an employer; (c) an applicant for the protected action ballot order; (d) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | ||
462(1) | (a) an employee; (b) an employer; (c) an applicant for the protected action ballot order; (d) the protected action ballot agent (unless the protected action ballot agent is the Australian Electoral Commission); (da) if the protected action ballot agent is the Australian Electoral Commission--the Electoral Commissioner; (e) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | ||
463(1) | (a) an employee; (b) an employer; (c) an applicant for the protected action ballot order; (d) the protected action ballot agent (unless the protected action ballot agent is the Australian Electoral Commission); (da) if the protected action ballot agent is the Australian Electoral Commission--the Electoral Commissioner; (e) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | ||
20 | 467(1) | (a) an employee; (b) an employer; (c) an applicant for the protected action ballot order; (d) the protected action ballot agent (unless the protected action ballot agent is the Australian Electoral Commission); (da) if the protected action ballot agent is the Australian Electoral Commission--the Electoral Commissioner; (e) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | |
470(1) | an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | ||
22 | 473(1) | (a) an employer; (b) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | |
23 | 474(1) | an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | |
475(1) | (a) an employer; (b) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | ||
Part 3 - 4--Right of entry | ||||
25 | 482(3) | (a) a person affected by the contravention; (b) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | |
25A | 503(1) | (a) a person affected by the contravention; (b) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | for a contravention by a removed person--600 penalty units; or otherwise--60 penalty units |
25B | 504 506 509 521C(3) 521D(3) | (a) a person affected by the contravention; (b) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | |
517(1) | an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | ||
Part 3 - 5--Stand down | ||||
27 | 527 | (a) an employee; (b) an employee organisation; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
Part 3 - 5A--Prohibiting sexual harassment in connection with work | ||||
27A | 527D(1) | (a) a person affected by the contravention; (b) an industrial association; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
527K | (a) a person affected by the contravention; (b) an industrial association; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | ||
27C | 527S(4) | a person affected by the contravention; | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
Part 3 - 6--Other rights and responsibilities | ||||
28 | 530(4) | (a) an employee; (b) a registered employee association; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | |
29 | 535(1) | (a) an employee; (b) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units |
536AA(1) 536AA(2) | (a) an employee organisation; (b) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | ||
Part 3A - 2--Minimum standards for regulated workers | ||||
29AB | 536JB | (a) a regulated worker covered by the relevant minimum standards order; (b) a regulated business covered by the relevant minimum standards order; (c) an organisation; (d) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units |
Part 3A - 3--Unfair deactivation and unfair termination | ||||
29AC | 536MG | (a) a party to the relevant services contract; (b) a digital labour platform operator that arranged or facilitated entry into the relevant services contract; (c) an organisation; (d) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
Part 3A - 4--Collective agreements | ||||
29AD | 536JJ | (a) a regulated worker covered by the collective agreement; (b) a regulated business covered by the collective agreement; (c) an organisation | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units |
Part 3A - 5--Unfair contract terms of services contracts | ||||
29AE | 536NK | (a) a party to the relevant services contract; (b) an organisation; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
Part 3B - 2--Minimum standards for persons in a road transport contractual chain | ||||
29AF | 536NP | (a) a person (the first person ) covered by the relevant road transport contractual chain order; (b) an organisation entitled to represent the interests of the first person; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
Part 4 - 1--Civil remedies | ||||
29A | 558B(1) 558B(2) | (a) an employee; (b) an employee organisation; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | |
Part 5 - 1--The Fair Work Commission | ||||
30 | 611(3) | (a) a person to whom the costs are payable; (b) an employee organisation; (c) an employer organisation; (d) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
Part 5 - 2--Office of the Fair Work Ombudsman | ||||
707A(1) | an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | ||
31 | 711(3) | an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
32 | 712(3) | an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
712B(1) | an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | 600 penalty units | |
33 | 716(5) | an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
33A | 718A(1) | an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
Part 6 - 3--Extension of National Employment Standards entitlements | ||||
745 | (a) an employee; (b) a registered employee association; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | ||
34AAA | 757BA | (a) an employee; (b) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | for a serious contravention--600 penalty units; or otherwise--60 penalty units |
34AA | 757C | (a) an employee; (b) a registered employee association; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
Part 6 - 3A--Transfer of business from a State public sector employer | ||||
34A | 768AG | (a) the transferring employee; (b) an employer; (c) an employee organisation; (d) an employer organisation; (e) an inspector | (a) the Federal Court; (b) the Federal
Circuit and Family Court of Australia (Division | |
34B | 768BT | (a) the transferring employee; (b) an employer; (c) an employee organisation; (d) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); | |
Part 6 - 4--Additional provisions relating to termination of employment | ||||
772(1) | (a) a person affected by the contravention; (b) an industrial association; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | ||
36 | 782 | (a) a person to whom the costs are payable; (b) an industrial association; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | |
37 | 785(4) | (a) an employee; (b) a registered employee association; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) | |
Part 6 - 4B--Workers bullied at work | ||||
38 | 789FG | (a) a person affected by the contravention; (b) an industrial association; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); |
(3) The regulations may provide that a provision set out in the regulations is a civil remedy provision .
(4) If the regulations make provision as mentioned in subsection (3):
(a) the regulations must set out:
(i) the persons who would be referred to in column 2; and
(ii) the courts that would be referred to in column 3; and
(iii) the maximum penalty that would be referred to in column 4;
of the table in subsection (2) if there were an item for the civil remedy provision in the table; and
(b) this Part has effect as if the matters referred to subparagraphs (a)(i) to (iii) were set out in such an item in the table.
Note: See section 798 for limits on the penalties that may be set out in the regulations.