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.
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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