Document ID: chunk:federal_register_of_legislation:C2017A00101:clause:1_558b:p2
Version: federal_register_of_legislation:C2017A00101
Segment Type: clause
Provision Reference: sch 1 cl 558B (pt 2/3)
Character Range: 12733–15761

took reasonable steps to prevent a contravention by a franchisee entity or subsidiary (the contravening employer) of the same or a similar character, a court may have regard to all relevant matters, including the following:
 (a) the size and resources of the franchise or body corporate (as the case may be);
 (b) the extent to which the person had the ability to influence or control the contravening employer's conduct in relation to the contravention referred to in paragraph (1)(a) or (2)(b) or a contravention of the same or a similar character;
 (c) any action the person took directed towards ensuring that the contravening employer had a reasonable knowledge and understanding of the requirements under the applicable provisions referred to in subsection (7);
 (d) the person's arrangements (if any) for assessing the contravening employer's compliance with the applicable provisions referred to in subsection (7);
 (e) the person's arrangements (if any) for receiving and addressing possible complaints about alleged underpayments or other alleged contraventions of this Act within:
 (i) the franchise; or
 (ii) the body corporate or any subsidiary (within the meaning of the Corporations Act 2001) of the body corporate;
  as the case may be;
 (f) the extent to which the person's arrangements (whether legal or otherwise) with the contravening employer encourage or require the contravening employer to comply with this Act or any other workplace law.
 (5) Subsection (4) does not limit subsection (3).

Civil proceedings in relation to contravention by franchisee entity or subsidiary not required
 (6) To avoid doubt, a reference in paragraph (1)(a) or (2)(b) to a contravention by a franchisee entity or subsidiary includes any contravention whether or not an order has been sought or made against the franchisee entity or subsidiary under Division 2 for the contravention.

Relevant civil remedy provisions
 (7) The civil remedy provisions are the following:
 (a) subsection 44(1) (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);
 (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 328(1), (2) or (3) (which deal with employer obligations in relation to guarantees of annual earnings);
 (k) subsection 357(1) (which deals