Fair Work Amendment (State Referrals and Other Measures) Act 2009 (124 of 2009)

Schedule 2   Transitional matters related to State referrals under Division 2B of Part 1-3 of the Fair Work Act 2009

Part 1   Amendment of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

116   Subitem 16(1) of Schedule 16 (after table item 44)

Insert:

44A

4A(1) (other than in relation to a contravention or proposed contravention of an outworker term)

(a) an employee;

(b) an employer;

(c) an employee organisation;

(d) an employer organisation;

(e) an inspector

(a) the Federal Court;

(b) the Federal Magistrates Court;

(c) an eligible State or Territory court

60 penalty units

44B

4A(1) (in relation to a contravention or proposed contravention of an outworker term)

(a) an outworker;

(b) an employer;

(c) an outworker entity;

(d) an employee organisation;

(e) an employer organisation;

(f) an inspector

(a) the Federal Court;

(b) the Federal Magistrates Court;

(c) an eligible State or Territory court

60 penalty units

44C

4A(2) (in relation to a contravention or proposed contravention of a collective Division 2B State employment agreement other than a contravention or proposed contravention of a term that would be an outworker term if it were included in a Division 2B State award)

(a) an employee;

(b) an employer;

(c) an employee organisation to which the collective Division 2B State employment agreement concerned applies;

(d) an inspector

(a) the Federal Court;

(b) the Federal Magistrates Court;

(c) an eligible State or Territory court

60 penalty units

44D

4A(2) (in relation to a contravention or proposed contravention of 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)

(a) an employee;

(b) an employer;

(c) an employee organisation;

(d) an inspector

(a) the Federal Court;

(b) the Federal Magistrates Court;

(c) an eligible State or Territory court

60 penalty units

44E

4A(2) (in relation to a contravention of an individual Division 2B State employment agreement)

(a) an employee;

(b) an employer;

(c) an employee organisation;

(d) an inspector

(a) the Federal Court;

(b) the Federal Magistrates Court;

(c) an eligible State or Territory court

60 penalty units

44F

4B(1)

(a) an employee who the proposed enterprise agreement will cover;

(b) a bargaining representative for the proposed enterprise agreement;

(c) an inspector

(a) the Federal Court;

(b) the Federal Magistrates Court;

(c) an eligible State or Territory court

30 penalty units

44G

4B(2)

(a) an employee who the proposed enterprise agreement will cover;

(b) a bargaining representative for the proposed enterprise agreement;

(c) an inspector

(a) the Federal Court;

(b) the Federal Magistrates Court;

(c) an eligible State or Territory court

30 penalty units