Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 675

Contravening an FWC order

  (1)   A person commits an offence if:

  (a)   the FWC has made an order under this Act; and

  (b)   either of the following applies:

  (i)   the order applies to the person;

  (ii)   a term of the order applies to the person; and

  (c)   the person engages in conduct; and

  (d)   the conduct contravenes:

  (i)   a term of the order referred to in subparagraph   (b)(i); or

  (ii)   the term referred to in subparagraph   (b)(ii).

  (2)   However, subsection   (1) does not apply to the following orders:

  (aa)   an order under subsection   65C(1) (which deals with arbitration of disputes relating to requests for flexible working arrangements);

  (ab)   an order under subsection   76C(1) (which deals with the extension of periods of unpaid parental leave);

  (a)   an order under Part   2 - 3 (which deals with modern awards);

  (b)   a bargaining order;

  (c)   a scope order;

  (d)   an order under Part   2 - 6 (which deals with minimum wages);

  (e)   an equal remuneration order;

  (f)   an order under Part   2 - 8 (which deals with transfer of business);

  (g)   an order under Division   6 of Part   3 - 3 (which deals with the suspension or termination of protected industrial action);

  (h)   a protected action ballot order, or an order in relation to a protected action ballot order or a protected action ballot;

  (i)   an order under Part   3 - 5 (which deals with stand down);

  (ia)   an order under Part   3 - 5A (which deals with sexual harassment in connection with work);

  (j)   an order under Part   6 - 4B (which deals with workers bullied at work);

  (k)   an order under Part   6 - 4C (which deals with the Coronavirus economic response).

Penalty:   Imprisonment for 12 months.

  (3)   Strict liability applies to paragraphs   (1)(a) and (b).

Note:   For strict liability, see section   6.1 of the Criminal Code .


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