South Australian Numbered Acts

INDUSTRIAL LAW REFORM (FAIR WORK) ACT 2005 (NO 3 OF 2005) - SECT 50

50—Insertion of section 104A

After section 104 insert:

104A—Compliance notices

        (1)         If it appears that an employer has failed to comply with a provision of this Act, or of an award or enterprise agreement, an inspector may issue a compliance notice requiring the employer, within a period stated in the notice—

            (a)         to take specified action to remedy the non-compliance; and

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

        (2)         An employer who fails to comply with a compliance notice within the time allowed in the notice is guilty of an offence.

Maximum penalty: $3 250.

Expiation fee: $325.

        (3)         The following applications may be made to the Court for a review of a notice issued under this section:

            (a)         an employer may apply to the Court on the ground that the employer has in fact complied with this Act, or the relevant award or enterprise agreement (as the case may be);

            (b)         an employee may apply to the Court on the ground that the employer's failure to comply with this Act, or an award or enterprise agreement, is more extensive than stated in the notice.

        (4)         The Court may, at the conclusion of the review—

            (a)         confirm the notice; or

            (b)         confirm the notice with such modification as it thinks fit; or

            (c)         cancel the notice.

        (5)         A reference in this section to this Act includes a reference to a code of practice made under this Act.