South Australian Current Acts

FAIR WORK ACT 1994 - SECT 99E

99E—Liability of apparent responsible contractor on a claim

        (1)         Except as provided by subsection (4), an apparent responsible contractor served with an unpaid remuneration claim is liable for the amount of unpaid remuneration claimed.

        (2)         An apparent responsible contractor may, within 14 days after being served with an unpaid remuneration claim, refer the claim to another person the apparent responsible contractor knows or has reason to believe is the employer of the outworker under this Act (the "designated employer").

        (3)         An apparent responsible contractor refers an unpaid remuneration claim under subsection (2) by—

            (a)         advising the outworker who has made the claim, in writing, of the name and address of the designated employer; and

            (b)         serving a copy of the claim (a "referred claim") on the actual employer.

        (4)         The apparent responsible contractor is not liable for the whole or any part of an amount of an unpaid remuneration claim for which the designated employer served with a referred claim accepts liability in accordance with section 99F.