Private sector employers and employees
Telephone: 1300 655 266
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East Perth WA 6892
An industrial inspector may accept a written undertaking from a person, called an ‘enforceable undertaking’, if the inspector reasonably believes the person has contravened an entitlement provision or civil penalty provision under the Industrial Relations Act 1979. In most cases, the person giving the undertaking will be an employer.
An enforceable undertaking is an acknowledgment that the person has committed a contravention and is a legally binding agreement. It will require the person to remedy the effects of the contravention and take proactive steps to ensure future compliance. Examples of contraventions that may be dealt with by an enforceable undertaking include where an employer fails to: An industrial inspector can only accept an enforceable undertaking if they reasonably believe that a person has committed a contravention of an entitlement provision or a civil penalty provision. For example, an inspector could form this belief after inspecting the employment records of an employer, or after investigating a complaint from an employee. An industrial inspector will consider a number of public interest factors when deciding whether to accept an enforceable undertaking for a person, including: An enforceable undertaking given by a person will include: If a person contravenes a term of an enforceable undertaking, an industrial inspector may apply to the Industrial Magistrates Court to enforce the term. The Court may make a variety of orders, including that the person comply with the term and pay compensation for loss suffered because of the contravention. The inspector may also seek an order from the Court cancelling the enforceable undertaking, which would then enable enforcement proceedings to be taken against the person under section 83 or 83E of the Industrial Relations Act 1979. The maximum penalty that can be imposed by the Court under these sections for each contravention is: A person who has given an enforceable undertaking may seek to vary or withdraw the undertaking at any time. This may occur, for example, because the person is no longer able to comply with a particular term of the undertaking. Any such variation or withdrawal requires the consent of an industrial inspector. Whether or not consent is given will depend on the circumstances of the case. The information on this web page is available in a fact sheet.What is an enforceable undertaking?
Long Service Leave Act 1958; andWhen can an inspector accept an enforceable undertaking?
What is included in an enforceable undertaking?
What happens if an enforceable undertaking is contravened?
Varying or withdrawing an enforceable undertaking
Enforceable undertakings fact sheet
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