Document ID: chunk:federal_register_of_legislation:C2024C00635:section:39da
Version: federal_register_of_legislation:C2024C00635
Segment Type: section
Provision Reference: s 39DA
Character Range: 59957–61658

39DA  Employees etc. may apply to court in respect of certain contraventions

Employees
 (1) A person who is or was an eligible employee may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order under section 39DB in relation to a contravention or proposed contravention of a civil penalty provision of this Part if the person:
 (a) is affected by the contravention; or
 (b) will be affected by the proposed contravention.

Employee organisations
 (2) An employee organisation may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order under section 39DB in relation to a contravention or proposed contravention of a civil penalty provision of this Part if:
 (a) the organisation has a member who:
 (i) is affected by the contravention; or
 (ii) will be affected by the proposed contravention; or
 (b) the organisation is entitled to represent the industrial interests of a person who:
 (i) is affected by the contravention; or
 (ii) will be affected by the proposed contravention.

Industrial associations
 (3) An industrial association may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order under section 39DB in relation to a contravention or proposed contravention of a civil penalty provision of this Part if:
 (a) the industrial association:
 (i) is affected by the contravention; or
 (ii) will be affected by the proposed contravention; or
 (b) the industrial association is entitled to represent the industrial interests of a person who:
 (i) is affected by the contravention; or
 (ii) will be affected by the proposed contravention.