Section 116E — Fair Work Act 2009 (Cth)

(1) This section applies if a court makes an order under section 545 awarding compensation to an employee for a contravention of a civil remedy provision that relates to a contravention of this Division.

(2) The court must have regard to the principle that any component of the compensation payable on account of unpaid superannuation contributions should usually be paid to a superannuation fund for the benefit of the employee.

Related sections

• s 116B — Employer’s obligation to make superannuation contributions
• s 116C — Reduction of employer’s liability to the extent of superannuation charge payments
• s 116D — Preventing multiple actions
• s 117 — Requirement for notice of termination or payment in lieu
• s 118 — Modern awards and enterprise agreements may provide for notice of termination by employees
• s 119 — Redundancy pay

Research how courts apply s 116E

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.