It is a criminal offence to not comply with an order of the Fair Work Commission.
A person to whom a reinstatement or compensation order applies must not contravene a term of the order.
If a person does contravene an order then:
- a person affected by the contravention
- a union or an employer organisation,
- or an inspector;
may seek enforcement of the Commission's order through civil remedy proceedings in:
- the Fair Work Division of the Federal Circuit Court of Australia
- the Fair Work Division of the Federal Court of Australia, or
- an eligible State or Territory Court.
Failure to comply with an order may result in the Court imposing a pecuniary penalty or making other orders.
Normally an order from the Commission will provide a timeframe within which the order must be complied with. It is advisable to wait until the timeframe has lapsed before seeking enforcement of the order.