Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:16_16
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 16 cl 16
Character Range: 477046–479816

16  Application of FW Act to civil remedy provisions under this Act
(1) Part 4‑1 of the FW Act applies as if:
 (a) items 2 to 8 and 10 to 15 of this Schedule were provisions of the FW Act; and
 (b) the table in subsection 539(2) included the table below (with the references in column 1 of the table below to be read as references to provisions of this Schedule (being Schedule 16 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009)); and
 (c) a reference to a fair work instrument in that Part included a reference to a transitional instrument, a Division 2B State instrument, a transitional minimum wage instrument or a continuing Schedule 6 instrument; and
 (d) the reference in subsection 540(3) to items 4, 7 and 14 in the table in subsection 539(2) included a reference to items 40, 44C, 44H, 44J and 44K in the table below; and
 (da) the reference in subsections 540(3) and (4) to a term in an enterprise agreement that would be an outworker term if it were included in a modern award included:
 (i) a reference to a term in a collective agreement‑based transitional instrument that would be an outworker term if it were included in an award‑based transitional instrument; and
 (ii) a reference to a term in a collective Division 2B State employment agreement that would be an outworker term if it were included in a Division 2B State award; and
 (e) subsection 541(3) included references to items 2, 5, 7, 10, and 15 of this Schedule; and
 (f) subsection 557(2) included references to items 2 to 8 and 10 to 15 of this Schedule.

Standing, jurisdiction and maximum penalties
Item                                          Column 1                                                                                                                                                                                                                                                                              Column 2                                                                                                                                                                     Column 3                                                             Column 4
                                              Civil remedy provision                                                                                                                                                                                                                                                                Persons                                                                                                                                                                      Courts                                                               Maximum penalty