Section 539 — Fair Work Act 2009: Applications for orders in relation to contraventions of civil remedy provisions

(1) A provision referred to in column 1 of an item in the table in subsection (2) is a civil remedy provision. (2) For each civil remedy provision, the persons referred to in column 2 of the item may, subject to sections 540 and 544 and Subdivision B, apply to the courts referred to in column 3 of the item for orders in relation to a contravention or proposed contravention of the provision, including the maximum penalty referred to in column 4 of the item. Note 1: Civil remedy provisions within a single Part may be grouped together in a single item of the table. Note 2: Applications cannot be made by an inspector in relation to a contravention of a civil remedy provision by a person in certain cases where an undertaking or compliance notice has been given (see subsections 715(4) and 716(4A)). Note 3: The regulations may also prescribe persons for the purposes of an item in column 2 of the table (see subsection 540(8)). Note 3A: The penalties referred to in column 4 of the table are adjusted for bodies corporate and for contraventions associated with underpayment amounts (see section 546). Note 4: See section 557A in relation to a serious contravention of a civil remedy provision. Standing, jurisdiction and maximum penalties Item Column 1 Civil remedy provision Column 2 Persons Column 3 Courts Column 4 Maximum penalty Part 2-1—Core provisions 1 44 (a) an employee; (b) an employee organisation; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units 2 45 (other than in relation to a contravention or proposed contravention of an outworker term) (a) an employee; (b) an employer; (c) an employee organisation; (d) an employer organisation; (e) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units 3 45 (in relation to a contravention or proposed contravention of an outworker term) (a) an outworker; (b) an employer; (c) an outworker entity; (d) an employee organisation; (e) an employer organisation; (f) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units 4 50 (other than in relation to a contravention or proposed contravention of a term that would be an outworker term if it were included in a modern award) (a) an employee; (b) an employer; (c) an employee organisation to which the enterprise agreement concerned applies; (d) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units 5 50 (in relation to a contravention or proposed contravention of a term that would be an outworker term if it were included in a modern award) (a) an employee; (b) an employer; (c) an employee organisation; (d) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units Part 2-2—The National Employment Standards 5AA 65C(6) (a) an employee; (b) an employee organisation; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units 5AAA 66MA(8) (a) an employee; (b) an employee organisation; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 300 penalty units 5AB 76C(7) (a) an employee; (b) an employee organisation; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units Part 2-4—Enterprise agreements 5AC 177A(3) (a) an employee; (b) a bargaining representative for the proposed enterprise agreement; (c) an inspector; (d) the General Manager; (e) the administrator of a scheme determined under subsection 323B(1) of the Registered Organisations Act (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 600 penalty units 5A 179(1) 179(5) (a) an employee; (b) a bargaining representative for the proposed enterprise agreement; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units 5B 180(4A) 180(4B) 180(4C) (a) an employee; (b) a bargaining representative for the proposed enterprise agreement; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units 5C 226A(6) (a) an employee; (b) an employee organisation to which the enterprise agreement applied immediately before the termination of the agreement; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units 6 233 (a) an employee who the proposed enterprise agreement will cover; (b) a bargaining representative for the proposed enterprise agreement; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units Part 2-5—Workplace determinations 7 280 (a) an employee; (b) an employer; (c) an employee organisation to which the workplace determination concerned applies; (d) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units Part 2-6—Minimum wages 8 293 (a) an employee; (b) an employee organisation; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units Part 2-7—Equal remuneration 9 305 (a) an employee; (b) an employee organisation; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units Part 2-7A—Regulated labour hire arrangement orders 9A 306EC(1) 306ED(2) 306ED(4) 306EE(2) 306EE(3) 306F(2) 306H(3) 306N(3) 306Q(7) 306S(1) 306SA(1) 306T 306U 306V (a) an employee; (b) an employee organisation; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units Part 2-9—Other terms and conditions of employment 10 323(1) 323(3) 325(1) 328(1) 328(2) 328(3) (a) an employee; (b) an employee organisation; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units 10A 325(1A) (a) a prospective employee; (b) an employee; (c) an employee organisation; (d) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units 10B 333D (a) a prospective employee; (b) an employee; (c) an employee organisation; (d) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units 10C 333E (a) a prospective employee; (b) an employee; (c) an employee organisation; (d) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units 10D 333K (a) a prospective employee; (b) an employee; (c) an employee organisation; (d) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units 10E 333Q (a) a person affected by the contravention; (b) an industrial association; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units 10F 333X(2) (a) an employee; (b) an employee organisation; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units Part 3-1—General protections 11 340(1) 340(2) 343(1) 344 345(1) 346 348 349(1) 350(1) 350(2) 350(2A) 350A(1) 350B(1) 351(1) 352 353(1) 354(1) 354(3) 355 369(3) (a) a person affected by the contravention; (b) an industrial association; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units 11A 357(1) 358 359 (a) a person affected by the contravention; (b) an industrial association; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units 11B 359B 359C (a) a person affected by the contravention; (b) an industrial association; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 300 penalty units 12 378 (a) a person to whom the costs are payable; (b) an industrial association; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units Part 3-2—Unfair dismissal 13 405 (a) a person affected by the contravention; (b) an employee organisation; (c) an employer organisation; (d) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units Part 3-3—Industrial action 14 417(1) (a) an employee; (b) an employer; (c) an employee organisation covered by the enterprise agreement or workplace determination concerned; (d) a person affected by the industrial action; (e) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units 15 421(1) (a) a person affected by the contravention; (b) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units 16 434 an inspector the Federal Court 60 penalty units 17 458(2) (a) an employee; (b) an employer; (c) an applicant for the protected action ballot order; (d) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 30 penalty units 18 462(1) 462(3) (a) an employee; (b) an employer; (c) an applicant for the protected action ballot order; (d) the protected action ballot agent (unless the protected action ballot agent is the Australian Electoral Commission); (da) if the protected action ballot agent is the Australian Electoral Commission—the Electoral Commissioner; (e) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 30 penalty units 19 463(1) 463(2) (a) an employee; (b) an employer; (c) an applicant for the protected action ballot order; (d) the protected action ballot agent (unless the protected action ballot agent is the Australian Electoral Commission); (da) if the protected action ballot agent is the Australian Electoral Commission—the Electoral Commissioner; (e) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units 20 467(1) (a) an employee; (b) an employer; (c) an applicant for the protected action ballot order; (d) the protected action ballot agent (unless the protected action ballot agent is the Australian Electoral Commission); (da) if the protected action ballot agent is the Australian Electoral Commission—the Electoral Commissioner; (e) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 30 penalty units 21 470(1) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units 22 473(1) 473(2) (a) an employer; (b) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units 23 474(1) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units 24 475(1) 475(2) (a) an employer; (b) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units Part 3-4—Right of entry 25 482(3) 483(4) 483B(4) 483C(5) 483D(4) 483E(5) 494(1) 495(1) 496 497 498 499 500 501 502(1) (a) a person affected by the contravention; (b) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units 25A 503(1) (a) a person affected by the contravention; (b) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) for a contravention by a removed person—600 penalty units; or otherwise—60 penalty units 25B 504 506 509 521C(3) 521D(3) (a) a person affected by the contravention; (b) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units 26 517(1) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units Part 3-5—Stand down 27 527 (a) an employee; (b) an employee organisation; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units Part 3-5A—Prohibiting sexual harassment in connection with work 27A 527D(1) (a) a person affected by the contravention; (b) an industrial association; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); 60 penalty units 27B 527K (a) a person affected by the contravention; (b) an industrial association; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units 27C 527S(4) a person affected by the contravention; (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); 60 penalty units Part 3-6—Other rights and responsibilities 28 530(4) (a) an employee; (b) a registered employee association; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 30 penalty units 29 535(1) 535(2) 535(4) 536(1) 536(2) 536(3) (a) an employee; (b) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units 29AA 536AA(1) 536AA(2) (a) an employee organisation; (b) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units Part 3A-2—Minimum standards for regulated workers 29AB 536JB (a) a regulated worker covered by the relevant minimum standards order; (b) a regulated business covered by the relevant minimum standards order; (c) an organisation; (d) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units Part 3A-3—Unfair deactivation and unfair termination 29AC 536MG (a) a party to the relevant services contract; (b) a digital labour platform operator that arranged or facilitated entry into the relevant services contract; (c) an organisation; (d) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units Part 3A-4—Collective agreements 29AD 536JJ (a) a regulated worker covered by the collective agreement; (b) a regulated business covered by the collective agreement; (c) an organisation (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units Part 3A-5—Unfair contract terms of services contracts 29AE 536NK (a) a party to the relevant services contract; (b) an organisation; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units Part 3B-2—Minimum standards for persons in a road transport contractual chain 29AF 536NP (a) a person (the first person) covered by the relevant road transport contractual chain order; (b) an organisation entitled to represent the interests of the first person; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units Part 4-1—Civil remedies 29A 558B(1) 558B(2) (a) an employee; (b) an employee organisation; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units Part 5-1—The Fair Work Commission 30 611(3) (a) a person to whom the costs are payable; (b) an employee organisation; (c) an employer organisation; (d) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units Part 5-2—Office of the Fair Work Ombudsman 30A 707A(1) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units 31 711(3) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 30 penalty units 32 712(3) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units 32A 712B(1) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 600 penalty units 33 716(5) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units 33A 718A(1) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units Part 6-3—Extension of National Employment Standards entitlements 34 745 760 (a) an employee; (b) a registered employee association; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units 34AAA 757BA (a) an employee; (b) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units 34AA 757C (a) an employee; (b) a registered employee association; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units Part 6-3A—Transfer of business from a State public sector employer 34A 768AG (a) the transferring employee; (b) an employer; (c) an employee organisation; (d) an employer organisation; (e) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units 34B 768BT (a) the transferring employee; (b) an employer; (c) an employee organisation; (d) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units Part 6-4—Additional provisions relating to termination of employment 35 772(1) 777(3) (a) a person affected by the contravention; (b) an industrial association; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units 36 782 (a) a person to whom the costs are payable; (b) an industrial association; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units 37 785(4) (a) an employee; (b) a registered employee association; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 30 penalty units Part 6-4B—Workers bullied at work 38 789FG (a) a person affected by the contravention; (b) an industrial association; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units (3) The regulations may provide that a provision set out in the regulations is a civil remedy provision. (4) If the regulations make provision as mentioned in subsection (3): (a) the regulations must set out: (i) the persons who would be referred to in column 2; and (ii) the courts that would be referred to in column 3; and (iii) the maximum penalty that would be referred to in column 4; of the table in subsection (2) if there were an item for the civil remedy provision in the table; and (b) this Part has effect as if the matters referred to subparagraphs (a)(i) to (iii) were set out in such an item in the table. Note: See section 798 for limits on the penalties that may be set out in the regulations.