FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 557
Course of conduct
(1) For the purposes of this Part, 2 or more contraventions of a
civil remedy provision referred to in subsection (2) are, subject to subsection (3), taken to constitute a single contravention if:
(a) the contraventions are committed by the same person; and
(b) the contraventions arose out of a course of
conduct by the person.
(2) 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 awardsor
enterprise agreements);
(i) subsection 325(1) (which deals with unreasonable requirements to spend amounts);
(j) subsection 417(1) (which deals with
industrial action before the
nominal expiry date of an
enterprise agreement etc.);
(k) subsection 421(1) (which deals with contraventions of orders in relation to
industrial action);
(l) section 434 (which deals with contraventions of Ministerial directions in relation to
industrial action);
(m) subsection 530(4) (which deals with notifying Centrelink of certain proposed dismissals);
(n) subsections 535(1) and (2) (which deal with
employer obligations in relation to
employee records);
(o) subsections 536(1) and (2) (which deal with
employer obligations in relation to pay slips);
(p) subsection 745(1) (which deals with contraventions of the
extended parental leave provisions);
(q) section 760 (which deals with contraventions of the
extended notice of termination provisions);
(r) subsection 785(4) (which deals with notifying Centrelink of certain proposed terminations);
(s) any other
civil remedy provisions prescribed by the regulations.
(3) Subsection (1) does not apply to a contravention of a
civil remedy provision that is committed by a person after a court has imposed a pecuniary penalty on the person for an earlier contravention of the provision.
Paragraphs 65 and 66 of Judge Jones’s decision state:
Section 557(1) of the Act provides that:
- Course of conduct
- (1) For the purposes of this Part, 2 or more contraventions of a civil remedy provision referred to in subsection (2) are, subject to subsection (3), taken to constitute a single contravention if:
- (a) the contraventions are committed by the same person; and
- (b) the contraventions arose out of a course of conduct by the person.
These provisions do not, however, apply to contraventions of the general protection provisions of the Act: sub-s.557(2) of the Act.
Why does the Judge state this? Section 340 is a civil remedy provision:
FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 340
Protection
(1) A person must not take
adverse action against another person:
(a) because the other person:
(i) has a
workplace right; or
(ii) has, or has not, exercised a
workplace right; or
(iii) proposes or proposes not to, or has at any time proposed or proposed not to, exercise a
workplace right; or
(b) to prevent the exercise of a
workplace right by the other person.
Note: This subsection is a
civil remedy provision (see Part 4‑1).
(2) A person must not take
adverse action against another person (the
second person ) because a third person has exercised, or proposes or has at any time proposed to exercise, a
workplace right for the second person's benefit, or for the benefit of a class of persons to which the second person belongs.
Note: This subsection is a
civil remedy provision (see Part 4‑1).
