Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 557

Course of conduct

  (1)   For the purposes of this Part, 2 or more contraventions of a civil remedy provision referred to in subsection   (2) are, subject to subsection   (3), taken to constitute a single contravention if:

  (a)   the contraventions are committed by the same person; and

  (b)   the contraventions arose out of a course of conduct by the person.

  (2)   The civil remedy provisions are the following:

  (a)   section   44 (which deals with contraventions of the National Employment Standards);

  (b)   section   45 (which deals with contraventions of modern awards);

  (c)   section   50 (which deals with contraventions of enterprise agreements);

  (d)   section   280 (which deals with contraventions of workplace determinations);

  (e)   section   293 (which deals with contraventions of national minimum wage orders);

  (f)   section   305 (which deals with contraventions of equal remuneration orders);

  (fa)   subsection   306F(2) (which deals with the protected rate of pay payable to employees covered by a regulated labour hire arrangement order);

  (fb)   subsection   306H(3) (which deals with the obligations of regulated hosts covered by a regulated labour hire arrangement order);

  (fc)   subsection   306N(3) (which deals with the contravention of alternative protected rate of pay orders);

  (fd)   subsection   306Q(7) (which deals with the contravention of arbitrated protected rate of pay orders);

  (g)   subsection   323(1) (which deals with methods and frequency of payment);

  (h)   subsection   323(3) (which deals with methods of payment specified in modern awards or enterprise agreements);

  (i)   subsection   325(1) (which deals with unreasonable requirements on employees to spend or pay amounts);

  (ia)   subsection   325(1A) (which deals with unreasonable requirements on prospective employees to spend or pay amounts);

  (j)   subsection   417(1) (which deals with industrial action before the nominal expiry date of an enterprise agreement etc.);

  (k)   subsection   421(1) (which deals with contraventions of orders in relation to industrial action);

  (l)   section   434 (which deals with contraventions of Ministerial directions in relation to industrial action);

  (la)   subsection   527D(1) (which deals with sexual harassment in connection with work);

  (m)   subsection   530(4) (which deals with notifying Centrelink of certain proposed dismissals);

  (n)   subsections   535(1), (2) and (4) (which deal with employer obligations in relation to employee records);

  (o)   subsections   536(1), (2) and (3) (which deal with employer obligations in relation to pay slips);

  (oa)   subsections   536AA(1) and (2) (which deal with employer obligations in relation to advertising rates of pay);

  (p)   section   745 (which deals with contraventions of the extended parental leave provisions);

  (q)   section   760 (which deals with contraventions of the extended notice of termination provisions);

  (r)   subsection   785(4) (which deals with notifying Centrelink of certain proposed terminations);

  (s)   any other civil remedy provisions prescribed by the regulations.

  (3)   Subsection   (1) does not apply to a contravention of a civil remedy provision that is committed by a person after a court has imposed a pecuniary penalty on the person for an earlier contravention of the provision.


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