Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Compliance notices

Application of this section

  (1)   This section applies if an inspector reasonably believes that a person has contravened one or more of the following:

  (a)   a provision of the National Employment Standards;

  (b)   a term of a modern award;

  (c)   a term of an enterprise agreement;

  (d)   a term of a workplace determination;

  (e)   a term of a national minimum wage order;

  (f)   a term of an equal remuneration order;

  (fa)   subsection   536AA(1) or (2) (which deal with employer obligations in relation to advertising rates of pay);

  (g)   a provision of Part   6 - 4C (which deals with the Coronavirus economic response);

  (h)   a jobkeeper enabling direction (within the meaning of Part   6 - 4C);

  (i)   a provision of an agreement authorised by Part   6 - 4C.

Giving a notice

  (2)   The inspector may, except as provided by subsection   (4), give the person a notice requiring the person to do either or both of the following within such reasonable time as is specified in the notice:

  (a)   take specified action to remedy the direct effects of the contravention referred to in subsection   (1) (including to calculate and pay the amount of any underpayment);

  (b)   produce reasonable evidence of the person's compliance with the notice.

  (3)   The notice must also:

  (a)   set out the name of the person to whom the notice is given; and

  (b)   set out the name of the inspector who gave the notice; and

  (c)   set out brief details of the contravention; and

  (d)   explain that a failure to comply with the notice may contravene a civil remedy provision; and

  (e)   explain that the person may apply to the Federal Court, the Federal Circuit and Family Court of Australia (Division   2) or an eligible State or Territory Court for a review of the notice on either or both of the following grounds:

  (i)   the person has not committed a contravention set out in the notice;

  (ii)   the notice does not comply with subsection   (2) or this subsection; and

  (f)   set out any other matters prescribed by the regulations.

Relationship with enforceable undertakings

  (4)   An inspector must not give a person a notice in relation to a contravention if:

  (a)   the person has given an undertaking under section   715 in relation to the contravention; and

  (b)   the undertaking has not been withdrawn.

Relationship with civil remedy provisions

  (4A)   An inspector must not apply for an order under Division   2 of Part   4 - 1 in relation to a contravention of a civil remedy provision by a person if:

  (a)   the inspector has given the person a notice in relation to the contravention; and

  (b)   either of the following subparagraphs applies:

  (i)   the notice has not been withdrawn, and the person has complied with the notice;

  (ii)   the person has made an application under section   717 in relation to the notice that has not been completely dealt with.

Note:   A person other than an inspector who is otherwise entitled to apply for an order in relation to the contravention may do so.

  (4B)   A person who complies with a notice in relation to a contravention of a civil remedy provision is not taken:

  (a)   to have admitted to contravening the provision; or

  (b)   to have been found to have contravened the provision.

Person must not fail to comply with notice

  (5)   A person must not fail to comply with a notice given under this section.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).

  (6)   Subsection   (5) does not apply if the person has a reasonable excuse.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback