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Civil remedy provision
Practical Law ANZ Glossary w-015-7507 (Approx. 2 pages)
Glossary
Civil remedy provision
Any of the provisions listed in column 1 of the table in section 539(2) of the Fair Work Act 2009 (Cth) (FW Act).
Depending on the underlying provision, a contravention or a proposed contravention of a civil remedy provision may give the Federal Court of Australia (FCA) or the Federal Circuit and Family Court of Australia (FCFCOA) (formerly he Federal Circuit Court of Australia (FCCA)) the power to order:
- A remedy under section 545, including:
- compensation for economic and non-economic loss;
- interim or final injunctive relief; or
- reinstatement.
- Payment of a pecuniary penalty.
Depending on the underlying provision, a contravention or a proposed contravention of a civil remedy provision may give an eligible state or territory court the power to order:
- Payment of an amount to, or on behalf of, an employee that the employer was required to pay under the FW Act or a fair work instrument.
- Payment of a pecuniary penalty.
For an overview of the remedies available, see Practice note: overview, Remedies for civil remedy contraventions under the Fair Work Act.