Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_105b
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 105B
Character Range: 341253–342933

105B  Standing for civil remedies

 (1) Any of the following persons may apply to the Court for an order under this Division in relation to a workplace agreement:
 (a) an employee who is or will be bound by the agreement;
 (b) if the person who contravened the civil remedy provision was not the employer in relation to the agreement, and the provision is mentioned in subsection (2)—the employer;
 (c) an organisation of employees that is or will be bound by the agreement;
 (d) an organisation of employees that represents an employee who is or will be bound by the agreement (subject to subsection (3));
 (e) if the agreement is an AWA—a bargaining agent of the employee or of the employer;
 (f) a workplace inspector;
 (g) a person specified in regulations made for the purposes of this paragraph.

 (2) The provisions are as follows:
 (a) subsection 97A(2);
 (b) subsection 101M(1);
 (c) subsection 101N(1);
 (d) subsection 103K(6);
 (e) subsection 103L(6);
 (f) subsection 104(1);
 (g) subsection 104(3);
 (h) subsection 104(5);
 (i) subsection 104A(1).

 (3) An organisation of employees that represents an employee (as mentioned in paragraph (1)(d)) must not apply on behalf of an employee for a penalty or other remedy under this Division in relation to a contravention of a civil remedy provision unless:
 (a) the employee has requested the organisation to apply on the employee's behalf; and
 (b) a member of the organisation is employed by the employee's employer; and
 (c) the organisation is entitled, under its eligibility rules, to represent the industrial interests of the employee.

Subdivision B—Pecuniary penalty for contravention of civil remedy provisions