Recovering entitlements

Proceedings for the recovery of remuneration earned under the terms of a modern award or enterprise agreement may be pursued in the Federal Circuit Court by way of civil penalty. Sec 323, Fair Work Act 2009. They may also be pursued in the Western Australian Industrial Magistrates Court upon application. The Fair Work Ombudsman, which can sometimes be persuaded to take proceedings without charge against an employer in default appears to prefer the former jurisdiction. I have previously blogged about the ability of an applicant in the Federal Circuit Court who is bringing such a case to tack on common law claims, for example for breach of contract, as well. This is called the accrued jurisdiction of the Federal Court, which includes the Federal Circuit Court.