Contravening an order of the Commission

 

 

 

 

A person to whom an order to stop bullying applies must not contravene a term of the order.[1]

The requirement to abide by an order to stop bullying is a civil remedy provision.[2]

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 the person affected by the contravention, an industrial association or a Fair Work inspector.[3] To seek the assistance of a Fair Work inspector in relation to the enforcement of an order, a party should contact the Fair Work Ombudsman.

An application regarding a breach of a civil remedy provision must be made within 6 years of the alleged contravention.[4]

Related information

References

[1] Fair Work Act s.789FG.

[2] Fair Work Act, s.539(1) (see item 38 of the table at s.539(2)).

[3] Fair Work Act s.539(2).

[4] Fair Work Act s.544.

Updated time

Last updated

02 October 2019

 

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