Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 380

380 Enforcement of magistrate’s order

(1) This section applies to an order of a magistrate for payment by an employer of—

(a) wages found to be payable; or

(b) an unpaid tool allowance required to be paid under an order made under section 137 (8) ; or

(c) contributions to an approved superannuation fund found to be payable; or

(d) remuneration lost by an apprentice or trainee because the employer contravened section 371 (2) ; or

(e) costs in proceedings relating to unpaid amounts mentioned in paragraphs (a) to (d) .

(2) The order is enforceable under the Justices Act 1886 as an order for payment of money made by justices under that Act.

(3) Also, an amount ordered to be paid, including costs, may be recovered by the person from the employer as a debt.

(4) For subsection (3) , the order requiring payment may be filed in the registry of a Magistrates Court under the Magistrates Courts Act 1921 , and on being filed—

(a) is taken to be an order properly made by a Magistrates Court; and

(b) without limiting subsection (2) , may be enforced as an order made by the Magistrates Court.

(5) The magistrate may give particulars of the order mentioned in subsection (1) to the court registrar for registering the particulars prescribed by regulation, in relation to the unpaid amount payable under the order, under the State Penalties Enforcement Act 1999 , section 34 .

(6) In this section—

"court registrar" , in relation to a magistrate, means the clerk of the court of the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .

"employer" includes an apparent employer to whom an order made under section 386 applies.