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 1Civil remedy provision Column 2Persons Column 3Courts Column 4Maximum 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)344345(1)346348349(1)350(1)350(2)350(2A)350A(1)350B(1)351(1)352353(1)354(1)354(3)355369(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)358359 (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 359B359C (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)496497498499500501502(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 745760 (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.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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