Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 545

Federal Court and Federal Circuit and Family Court of Australia (Division   2)

  (1)   The Federal Court or the Federal Circuit and Family Court of Australia (Division   2) may make any order the court considers appropriate if the court is satisfied that a person has contravened, or proposes to contravene, a civil remedy provision.

Note 1:   For the court's power to make pecuniary penalty orders, see section   546.

Note 2:   For limitations on orders in relation to costs, see section   570.

Note 3:   The Federal Court and the Federal Circuit and Family Court of Australia (Division   2) may grant injunctions in relation to industrial action under subsections   417(3) and 421(3).

Note 4:   There are limitations on orders that can be made in relation to contraventions of subsection   463(1) or (2) (which deals with protected action ballot orders) (see subsection   463(3)).

  (2)   Without limiting subsection   (1), orders the Federal Court or Federal Circuit and Family Court of Australia (Division   2) may make include the following:

  (a)   an order granting an injunction, or interim injunction, to prevent, stop or remedy the effects of a contravention;

  (b)   an order awarding compensation for loss that a person has suffered because of the contravention;

  (c)   an order for reinstatement of a person;

  (d)   an order requiring a person to comply, either wholly or partly, with a notice (other than an infringement notice) given to the person by an inspector or the Fair Work Ombudsman.

Eligible State or Territory courts

  (3)   An eligible State or Territory court may order an employer to pay an amount to, or on behalf of, an employee of the employer if the court is satisfied that:

  (a)   the employer was required to pay the amount under this Act or a fair work instrument; and

  (b)   the employer has contravened a civil remedy provision by failing to pay the amount.

Note 1:   For the court's power to make pecuniary penalty orders, see section   546.

Note 2:   For limitations on orders in relation to costs, see section   570.

  (3A)   An eligible State or Territory court may order an outworker entity to pay an amount to, or on behalf of, an outworker if the court is satisfied that:

  (a)   the outworker entity was required to pay the amount under a modern award; and

  (b)   the outworker entity has contravened a civil remedy provision by failing to pay the amount.

Note 1:   For the court's power to make pecuniary penalty orders, see section   546.

Note 2:   For limitations on orders in relation to costs, see section   570.

When orders may be made

  (4)   A court may make an order under this section:

  (a)   on its own initiative, during proceedings before the court; or

  (b)   on application.

Time limit for orders in relation to underpayments

  (5)   A court must not make an order under this section in relation to an underpayment that relates to a period that is more than 6 years before the proceedings concerned commenced.