Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 97V

97V .         Recovery of money

        (1)         Where section 97UZ applies, either party may, subject to subsection (2), recover from the other any amount which, if the EEA had not taken effect, he or she — 

            (a)         would have been entitled to receive; or

            (b)         would not have been required to pay,

                as the case may be, in respect of the period allowed by section 97UY(2) for lodgment.

        (2)         The entitlement of an employee is to be determined for the purposes of subsection (1) as if any relevant award provision extended to and bound the employer and the employee during the period referred to in that subsection.

        (3)         An amount referred to in subsection (1) may be recovered by action in an industrial magistrate’s court.

        [Section 97V inserted by No. 20 of 2002 s. 4.]