Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 .