Section 557 — Fair Work Act 2009: Course of conduct

(1) For the purposes of this Part, 2 or more contraventions of a civil remedy provision referred to in subsection (2) are, subject to subsection (3), taken to constitute a single contravention if: (a) the contraventions are committed by the same person; and (b) the contraventions arose out of a course of conduct by the person. (2) The civil remedy provisions are the following: (a) section 44 (which deals with contraventions of the National Employment Standards); (b) section 45 (which deals with contraventions of modern awards); (c) section 50 (which deals with contraventions of enterprise agreements); (d) section 280 (which deals with contraventions of workplace determinations); (e) section 293 (which deals with contraventions of national minimum wage orders); (f) section 305 (which deals with contraventions of equal remuneration orders); (fa) subsection 306F(2) (which deals with the protected rate of pay payable to employees covered by a regulated labour hire arrangement order); (fb) subsection 306H(3) (which deals with the obligations of regulated hosts covered by a regulated labour hire arrangement order); (fc) subsection 306N(3) (which deals with the contravention of alternative protected rate of pay orders); (fd) subsection 306Q(7) (which deals with the contravention of arbitrated protected rate of pay orders); (g) subsection 323(1) (which deals with methods and frequency of payment); (h) subsection 323(3) (which deals with methods of payment specified in modern awards or enterprise agreements); (i) subsection 325(1) (which deals with unreasonable requirements on employees to spend or pay amounts); (ia) subsection 325(1A) (which deals with unreasonable requirements on prospective employees to spend or pay amounts); (j) subsection 417(1) (which deals with industrial action before the nominal expiry date of an enterprise agreement etc.); (k) subsection 421(1) (which deals with contraventions of orders in relation to industrial action); (l) section 434 (which deals with contraventions of Ministerial directions in relation to industrial action); (la) subsection 527D(1) (which deals with sexual harassment in connection with work); (m) subsection 530(4) (which deals with notifying Centrelink of certain proposed dismissals); (n) subsections 535(1), (2) and (4) (which deal with employer obligations in relation to employee records); (o) subsections 536(1), (2) and (3) (which deal with employer obligations in relation to pay slips); (oa) subsections 536AA(1) and (2) (which deal with employer obligations in relation to advertising rates of pay); (ob) section 536JB (which deals with contraventions of minimum standards orders); (oc) section 536JJ (which deals with contraventions of collective agreements); (od) section 536NK (which deals with contraventions of orders under Division 4 of Part 3A-5); (oe) section 536NP (which deals with contraventions of road transport contractual chain orders); (p) section 745 (which deals with contraventions of the extended parental leave provisions); (paa) section 757BA (which deals with employer obligations in relation to pay slips relating to paid leave to which the person is entitled because of section 757B); (pa) section 757C (which deals with contraventions of the extended paid family and domestic violence leave provisions); (q) section 760 (which deals with contraventions of the extended notice of termination provisions); (r) subsection 785(4) (which deals with notifying Centrelink of certain proposed terminations); (s) any other civil remedy provisions prescribed by the regulations. (3) Subsection (1) does not apply to a contravention of a civil remedy provision that is committed by a person after a court has imposed a pecuniary penalty on the person for an earlier contravention of the provision.