Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 932

932 Contraventions of industrial instruments

(1) A person must not contravene an industrial instrument.

Penalty—

Maximum penalty—

(a) for a first offence—

(i) if the offender is an employer that is a body corporate or an organisation—80 penalty units; or

(ii) if the offender is an employer that is not a body corporate or organisation—16 penalty units; or

(iii) if the offender is an employee—16 penalty units; or

(b) for a second or subsequent offence consisting of a contravention of the same provision of the instrument—

(i) if the offender is an employer that is a body corporate or an organisation—100 penalty units; or

(ii) if the offender is an employer that is not a body corporate or organisation—20 penalty units; or

(iii) if the offender is an employee—20 penalty units.

(2) For subsection (1) , a second or subsequent offence is taken to be a first offence if more than 1 year has passed since the commission of the last similar offence of which the person was found guilty.

(3) An employer who pays, directly or by an agent, an employee, and an employee who receives from an employer, or the employer’s agent, reduced wages is each taken to have contravened the industrial instrument for subsection (1) .

(4) If an employee returns to an employer, or the employer’s agent, a part of wages paid to the employee under an industrial instrument—

(a) the employee is taken to have received reduced wages; and

(b) the employer, or the employer’s agent, is taken to have paid reduced wages.

(5) Subsection (4) does not apply if the return is in discharge, or partial discharge, of a lawful debt or obligation of the employee.

(6) A magistrate may hear and decide a complaint for an offence against this section.

(7) Subsection (8) applies if the magistrate finds that—

(a) the defendant contravened an industrial instrument; and

(b) the contravention resulted in an amount being unpaid.

(8) The magistrate must order the defendant to pay an entity the amount the magistrate finds is payable.

Note—

However, if a civil penalty order has been made against the defendant in relation to the contravention, the defendant is not liable to pay a further amount under this subsection—see section 578 .

(9) However, even if the magistrate does not find the defendant guilty of a contravention of an industrial instrument, the magistrate may order the defendant to pay an entity the amount that the magistrate, on the balance of probabilities, finds is payable.

(10) The magistrate may order the amount to be paid in the way the magistrate considers appropriate.

(11) The magistrate may make an order under subsection (8) or (9) in addition to any penalty the magistrate may impose.

(12) An order must not be made for payment of an amount that became payable more than 6 years before the proceedings were brought.

(13) An order for the payment of an amount must not be made under this section if the order may be made under another section of this Act.