Skip to main content
Version status: In force | Document consolidation status: No known changes
Version date: 1 August 2012 - onwards
Version 2 of 2

13. Enforcement of employment regulation orders.

 The Act of 1946 is amended by inserting the following sections after section 45:

"45A. Complaints to rights commissioner.

(1) A worker (or, in the case of a worker who has not reached the age of 18 years, the worker's parent or guardian, with his or her consent) or any trade union of which the worker is a member, with the consent of the worker, may present a complaint to a rights commissioner that the worker's employer has contravened an employment regulation order in relation to the worker.

(2) Where a complaint under subsection (1) is made, the rights commissioner shall -

(a) give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint,

(b) give a decision in writing in relation to it, and

(c) communicate the decision to the parties.

(3) A decision of a rights commissioner under subsection (2) shall do one or more of the following:

(a) declare that the complaint was or, as the case may be, was not well founded;

(b) require the employer to comply with the employment regulation order;