Document ID: chunk:federal_register_of_legislation:C2025C00150:section:675
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 675
Character Range: 1782560–1784655

675  Contravening an FWC order
 (1) A person commits an offence if:
 (a) the FWC has made an order under this Act; and
 (b) either of the following applies:
 (i) the order applies to the person;
 (ii) a term of the order applies to the person; and
 (c) the person engages in conduct; and
 (d) the conduct contravenes:
 (i) a term of the order referred to in subparagraph (b)(i); or
 (ii) the term referred to in subparagraph (b)(ii).
 (2) However, subsection (1) does not apply to the following orders:
 (aa) an order under subsection 65C(1) (which deals with arbitration of disputes relating to requests for flexible working arrangements);
 (ab) an order under subsection 76C(1) (which deals with the extension of periods of unpaid parental leave);
 (ac) an order under subsection 66MA(1) (which deals with casual employment);
 (a) an order under Part 2‑3 (which deals with modern awards);
 (aaa) an order under subsection 177A(7) (certificate to be a bargaining representative);
 (b) a bargaining order;
 (c) a scope order;
 (d) an order under Part 2‑6 (which deals with minimum wages);
 (e) an equal remuneration order;
 (f) an order under Part 2‑8 (which deals with transfer of business);
 (fa) an order under Division 6 of Part 2‑9 (which deals with the employee right to disconnect);
 (g) an order under Division 6 of Part 3‑3 (which deals with the suspension or termination of protected industrial action);
 (h) a protected action ballot order, or an order in relation to a protected action ballot order or a protected action ballot;
 (i) an order under Part 3‑5 (which deals with stand down);
 (ia) an order under Part 3‑5A (which deals with sexual harassment in connection with work);
 (j) an order under Part 6‑4B (which deals with workers bullied at work);
 (k) an order under Part 6‑4C (which deals with the Coronavirus economic response);
 (l) a minimum standards order;
 (m) a road transport contractual chain order.
Penalty: Imprisonment for 12 months.
 (3) Strict liability applies to paragraphs (1)(a) and (b).
Note: For strict liability, see section 6.1 of the Criminal Code.