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The majority of the jobkeeper provisions of the Fair Work Act 2009 were repealed on 29 March 2021. The Fair Work Commission has limited power to deal with jobkeeper disputes on or after this date.

Attachment 5 sets out the jobkeeper provisions of the Fair Work Act that continue to apply on and after 29 March 2021.

Contravening an order of the Commission

 

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Overview

A person must not contravene a term of an order dealing with a dispute about the operation of Part 6-4C of the Fair Work Act 2009.[1] This is a civil remedy provision.

A civil remedy provision is a provision of the Fair Work Act that if breached, means that the person affected can apply to a Court for an order for a financial penalty against the alleged wrong-doer, or any other order the Court considers appropriate such as an injunction.

An application regarding a breach of a civil remedy provision is made to the Federal Court, the Federal Circuit Court or an eligible state or territory court. This application may be made by an employee, an employee organisation or a Fair Work inspector.[2] To seek the assistance of a Fair Work inspector to enforce an order, a party should contact the Fair Work Ombudsman.

An application regarding a breach of a civil remedy provision must be made within six years of the alleged contravention.[3]

References

[1] Fair Work Act s.789GW.

[2] Fair Work Act s.539(2).

[3] Fair Work Act s.544.

Updated time

Last updated

29 March 2021

 

 

 

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