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FAIR WORK ACT 2009


TABLE OF PROVISIONS

           Long Title

            

CHAPTER 1--Introduction
            

   PART 1-1--INTRODUCTION

           Division 1--Preliminary

   1.      Short title  
   2.      Commencement  

           Division 2--Object of this Act

   3.      Object of this Act  

           Division 3--Guide to this Act

   4.      Guide to this Act  
   5.      Terms and conditions of employment (Chapter 2)  
   6.      Rights and responsibilities of employees, employers, organisations etc. (Chapter 3)  
   7.      Compliance and enforcement (Chapter 4)  
   8.      Administration (Chapter 5)  
   9.      Miscellaneous (Chapter 6)  
   9A.     Application, transitional and saving provisions for amendments (Schedules)  

   PART 1-2--DEFINITIONS

           Division 1--Introduction

   10.     Guide to this Part  
   11.     Meanings of employee and employer  

           Division 2--The Dictionary

   12.     The Dictionary  

           Division 3--Definitions relating to the meanings of employee, employer etc

   13.     Meaning of national system employee  
   14.     Meaning of national system employer  
   14A.    Transitional matters relating to employers etc. becoming, or ceasing to be, national system employers etc.  
   15.     Ordinary meanings of employee and employer  

           Division 4--Other definitions

   16.     Meaning of base rate of pay  
   17.     Meaning of child of a person  
   17A.    Meaning of directly and indirectly (in relation to TCF work)  
   18.     Meaning of full rate of pay  
   19.     Meaning of industrial action  
   20.     Meaning of ordinary hours of work for award/agreement free employees  
   21.     Meaning of pieceworker  
   22.     Meanings of service and continuous service  
   23.     Meaning of small business employer  
   23A.    Terms relating to superannuation  

   PART 1-3--APPLICATION OF THIS ACT

           Division 1--Introduction

   24.     Guide to this Part  
   25.     Meanings of employee and employer  

           Division 2--Interaction with State and Territory laws

   26.     Act excludes State or Territory industrial laws  
   27.     State and Territory laws that are not excluded by section 26  
   28.     Act excludes prescribed State and Territory laws  
   29.     Interaction of modern awards and enterprise agreements with State and Territory laws  
   30.     Act may exclude State and Territory laws etc. in other cases  

           Division 2A--Application of this Act in States that refer matters before 1 July 2009

   30A.    Meaning of terms used in this Division  
   30B.    Meaning of referring State  
   30C.    Extended meaning of national system employee  
   30D.    Extended meaning of national system employer  
   30E.    Extended ordinary meanings of employee and employer  
   30F.    Extended meaning of outworker entity  
   30G.    General protections  
   30H.    Division only has effect if supported by reference  

           Division 2B--Application of this Act in States that refer matters after 1 July 2009 but on or before 1 January 2010

   30K.    Meaning of terms used in this Division  
   30L.    Meaning of referring State  
   30M.    Extended meaning of national system employee  
   30N.    Extended meaning of national system employer  
   30P.    Extended ordinary meanings of employee and employer  
   30Q.    Extended meaning of outworker entity  
   30R.    General protections  
   30S.    Division only has effect if supported by reference  

           Division 3--Geographical application of this Act

   31.     Exclusion of persons etc. insufficiently connected with Australia  
   32.     Regulations may modify application of this Act in certain parts of Australia  
   32A.    Rules may modify application of this Act in Norfolk Island  
   33.     Extension of this Act to the exclusive economic zone and the continental shelf  
   34.     Extension of this Act beyond the exclusive economic zone and the continental shelf  
   35.     Meanings of Australian employer and Australian-based employee  
   35A.    Regulations excluding application of Act  
   36.     Geographical application of offences  

           Division 4--Miscellaneous

   37.     Act binds Crown  
   38.     Act not to apply so as to exceed Commonwealth power  
   39.     Acquisition of property  
   40.     Interaction between fair work instruments and public sector employment laws  
   40A.    Application of the Acts Interpretation Act 1901  
            

CHAPTER 2--Terms and conditions of employment
            

   PART 2-1--CORE PROVISIONS FOR THIS CHAPTER

           Division 1--Introduction

   41.     Guide to this Part  
   42.     Meanings of employee and employer  

           Division 2--Core provisions for this Chapter

              Subdivision A--Terms and conditions of employment provided under this Act

   43.     Terms and conditions of employment provided under this Act  

              Subdivision B--Terms and conditions of employment provided by the National Employment Standards

   44.     Contravening the National Employment Standards  

              Subdivision C--Terms and conditions of employment provided by a modern award

   45.     Contravening a modern award  
   46.     The significance of a modern award applying to a person  
   47.     When a modern award applies to an employer, employee, organisation or outworker entity  
   48.     When a modern award covers an employer, employee, organisation or outworker entity  
   49.     When a modern award is in operation  

              Subdivision D--Terms and conditions of employment provided by an enterprise agreement

   50.     Contravening an enterprise agreement  
   51.     The significance of an enterprise agreement applying to a person  
   52.     When an enterprise agreement applies to an employer, employee or employee organisation  
   53.     When an enterprise agreement covers an employer, employee or employee organisation  
   54.     When an enterprise agreement is in operation  

           Division 3--Interaction between the National Employment Standards, modern awards and enterprise agreements

              Subdivision A--Interaction between the National Employment Standards and a modern award or an enterprise agreement

   55.     Interaction between the National Employment Standards and a modern award or enterprise agreement  
   56.     Terms of a modern award or enterprise agreement contravening section 55 have no effect  

              Subdivision B--Interaction between modern awards and enterprise agreements

   57.     Interaction between modern awards and enterprise agreements  
   57A.    Designated outworker terms of a modern award continue to apply  

              Subdivision C--Interaction between one or more enterprise agreements

   58.     Only one enterprise agreement can apply to an employee  

   PART 2-2--THE NATIONAL EMPLOYMENT STANDARDS

           Division 1--Introduction

   59.     Guide to this Part  
   60.     Meanings of employee and employer  

           Division 2--The National Employment Standards

   61.     The National Employment Standards are minimum standards applying to employment of employees  

           Division 3--Maximum weekly hours

   62.     Maximum weekly hours  
   63.     Modern awards and enterprise agreements may provide for averaging of hours of work  
   64.     Averaging of hours of work for award/agreement free employees  

           Division 4--Requests for flexible working arrangements

   65.     Requests for flexible working arrangements  
   66.     State and Territory laws that are not excluded  

           Division 5--Parental leave and related entitlements

              Subdivision A--General

   67.     General rule--employee must have completed at least 12 months of service  
   68.     General rule for adoption-related leave--child must be under 16 etc.  
   69.     Transfer of employment situations in which employee is entitled to continue on leave etc.  

              Subdivision B--Parental leave

   70.     Entitlement to unpaid parental leave  
   71.     The period of leave--other than for members of an employee couple who each intend to take leave  
   72.     The period of leave--members of an employee couple who each intend to take leave  
   73.     Pregnant employee may be required to take unpaid parental leave within 6 weeks before the birth  
   74.     Notice and evidence requirements  
   75.     Extending period of unpaid parental leave--extending to use more of available parental leave period  
   76.     Extending period of unpaid parental leave--extending for up to 12 months beyond available parental leave period  
   77.     Reducing period of unpaid parental leave  
   77A.    Pregnancy ends (other than by birth of a living child) or child born alive dies  
   78.     Employee who ceases to have responsibility for care of child  
   79.     Interaction with paid leave  
   79A.    Keeping in touch days  
   79B.    Unpaid parental leave not extended by paid leave or keeping in touch days  

              Subdivision C--Other entitlements

   80.     Unpaid special maternity leave  
   81.     Transfer to a safe job  
   81A.    Paid no safe job leave  
   82.     Employee on paid no safe job leave may be asked to provide a further medical certificate  
   82A.    Unpaid no safe job leave  
   83.     Consultation with employee on unpaid parental leave  
   84.     Return to work guarantee  
   84A.    Replacement employees  
   85.     Unpaid pre-adoption leave  

           Division 6--Annual leave

   86.     Division applies to employees other than casual employees  
   87.     Entitlement to annual leave  
   88.     Taking paid annual leave  
   89.     Employee not taken to be on paid annual leave at certain times  
   90.     Payment for annual leave  
   91.     Transfer of employment situations that affect entitlement to payment for period of untaken paid annual leave  
   92.     Paid annual leave must not be cashed out except in accordance with permitted cashing out terms  
   93.     Modern awards and enterprise agreements may include terms relating to cashing out and taking paid annual leave  
   94.     Cashing out and taking paid annual leave for award/agreement free employees  

           Division 7--Personal

              Subdivision A--Paid personal

   95.     Subdivision applies to employees other than casual employees  
   96.     Entitlement to paid personal/carer's leave  
   97.     Taking paid personal/carer's leave  
   98.     Employee taken not to be on paid personal/carer's leave on public holiday  
   99.     Payment for paid personal/carer's leave  
   100.    Paid personal/carer's leave must not be cashed out except in accordance with permitted cashing out terms  
   101.    Modern awards and enterprise agreements may include terms relating to cashing out paid personal/carer's leave  

              Subdivision B--Unpaid carer's leave

   102.    Entitlement to unpaid carer's leave  
   103.    Taking unpaid carer's leave  

              Subdivision C--Compassionate leave

   104.    Entitlement to compassionate leave  
   105.    Taking compassionate leave  
   106.    Payment for compassionate leave (other than for casual employees)  

              Subdivision D--Notice and evidence requirements

   107.    Notice and evidence requirements  

           Division 8--Community service leave

   108.    Entitlement to be absent from employment for engaging in eligible community service activity  
   109.    Meaning of eligible community service activity  
   110.    Notice and evidence requirements  
   111.    Payment to employees (other than casuals) on jury service  
   112.    State and Territory laws that are not excluded  

           Division 9--Long service leave

   113.    Entitlement to long service leave  
   113A.   Enterprise agreements may contain terms discounting service under prior agreements etc. in certain circumstances  

           Division 10--Public holidays

   114.    Entitlement to be absent from employment on public holiday  
   115.    Meaning of public holiday  
   116.    Payment for absence on public holiday  

           Division 11--Notice of termination and redundancy pay

              Subdivision A--Notice of termination or payment in lieu of notice

   117.    Requirement for notice of termination or payment in lieu  
   118.    Modern awards and enterprise agreements may provide for notice of termination by employees  

              Subdivision B--Redundancy pay

   119.    Redundancy pay  
   120.    Variation of redundancy pay for other employment or incapacity to pay  
   121.    Exclusions from obligation to pay redundancy pay  
   122.    Transfer of employment situations that affect the obligation to pay redundancy pay  

              Subdivision C--Limits on scope of this Division

   123.    Limits on scope of this Division  

           Division 12--Fair Work Information Statement

   124.    Fair Work Ombudsman to prepare and publish Fair Work Information Statement  
   125.    Giving new employees the Fair Work Information Statement  

           Division 13--Miscellaneous

   126.    Modern awards and enterprise agreements may provide for school-based apprentices and trainees to be paid loadings in lieu  
   127.    Regulations about what modern awards and enterprise agreements can do  
   128.    Relationship between National Employment Standards and agreements etc. permitted by this Part for award/agreement free employees  
   129.    Regulations about what can be agreed to etc. in relation to award/agreement free employees  
   130.    Restriction on taking or accruing leave or absence while receiving workers' compensation  
   131.    Relationship with other Commonwealth laws  

   PART 2-3--MODERN AWARDS

           Division 1--Introduction

   132.    Guide to this Part  
   133.    Meanings of employee and employer  

           Division 2--Overarching provisions

   134.    The modern awards objective  
   135.    Special provisions relating to modern award minimum wages  

           Division 3--Terms of modern awards

              Subdivision A--Preliminary

   136.    What can be included in modern awards  
   137.    Terms that contravene section 136 have no effect  
   138.    Achieving the modern awards objective  

              Subdivision B--Terms that may be included in modern awards

   139.    Terms that may be included in modern awards--general  
   140.    Outworker terms  
   141.    Industry-specific redundancy schemes  
   142.    Incidental and machinery terms  

              Subdivision C--Terms that must be included in modern awards

   143.    Coverage terms of modern awards other than modern enterprise awards and State reference public sector modern awards  
   143A.   Coverage terms of modern enterprise awards  
   143B.   Coverage terms of State reference public sector modern awards  
   144.    Flexibility terms  
   145.    Effect of individual flexibility arrangement that does not meet requirements of flexibility term  
   145A.   Consultation about changes to rosters or hours of work  
   146.    Terms about settling disputes  
   147.    Ordinary hours of work  
   148.    Base and full rates of pay for pieceworkers  
   149.    Automatic variation of allowances  
   149B.   Term requiring avoidance of liability to pay superannuation guarantee charge  
   149C.   Default fund terms  
   149D.   Default fund term must provide for contributions to be made to certain funds  

              Subdivision D--Terms that must not be included in modern awards

   150.    Objectionable terms  
   151.    Terms about payments and deductions for benefit of employer etc.  
   152.    Terms about right of entry  
   153.    Terms that are discriminatory  
   154.    Terms that contain State-based differences  
   155.    Terms dealing with long service leave  

           Division 4--4 yearly reviews of modern awards

   156.    4 yearly reviews of modern awards to be conducted  

           Division 4A--4 yearly reviews of default fund terms of modern awards

              Subdivision A--4 yearly reviews of default fund terms

   156A.   4 yearly reviews of default fund terms  

              Subdivision B--The first stage of the 4 yearly review

   156B.   Making the Default Superannuation List  
   156C.   Applications to list a standard MySuper product  
   156D.   Submissions on applications to list a standard MySuper product  
   156E.   Determining applications to list a standard MySuper product  
   156F.   First stage criteria  

              Subdivision C--Second stage of the 4 yearly review

   156G.   Review of the default fund term of modern awards  
   156H.   Default fund term must specify certain superannuation funds  
   156J.   Variation to comply with section 149D  
   156K.   Transitional authorisation for certain superannuation funds  

              Subdivision D--The Schedule of Approved Employer MySuper Products

   156L.   The Schedule of Approved Employer MySuper Products  
   156M.   FWC to invite applications to include employer MySuper products on schedule  
   156N.   Making applications to include employer MySuper products on schedule  
   156P.   FWC to determine applications  
   156Q.   The first stage test  
   156R.   Submissions about the first stage test  
   156S.   The second stage test  
   156T.   Submissions about the second stage test  

              Subdivision E--Publishing documents under this Division

   156U.   Publishing documents under this Division  

           Division 5--Exercising modern award powers outside 4 yearly reviews and annual wage reviews

              Subdivision A--Exercise of powers if necessary to achieve modern awards objective

   157.    FWC may vary etc. modern awards if necessary to achieve modern awards objective  
   158.    Applications to vary, revoke or make modern award  

              Subdivision B--Other situations

   159.    Variation of modern award to update or omit name of employer, organisation or outworker entity  
   159A.   Variation of default fund term of modern award  
   160.    Variation of modern award to remove ambiguity or uncertainty or correct error  
   161.    Variation of modern award on referral by Australian Human Rights Commission  

           Division 6--General provisions relating to modern award powers

   162.    General  
   163.    Special criteria relating to changing coverage of modern awards  
   164.    Special criteria for revoking modern awards  
   165.    When variation determinations come into operation, other than determinations setting, varying or revoking modern award minimum wages  
   166.    When variation determinations setting, varying or revoking modern award minimum wages come into operation  
   167.    Special rules relating to retrospective variations of awards  
   168.    Varied modern award must be published  

           Division 7--Additional provisions relating to modern enterprise awards

   168A.   Modern enterprise awards  
   168B.   The modern enterprise awards objective  
   168C.   Rules about making and revoking modern enterprise awards  
   168D.   Rules about changing coverage of modern enterprise awards  

           Division 8--Additional provisions relating to State reference public sector modern awards

   168E.   State reference public sector modern awards  
   168F.   The State reference public sector modern awards objective  
   168G.   Making State reference public sector modern awards on application  
   168H.   State reference public sector modern awards may contain State-based differences  
   168J.   When State reference public sector modern awards come into operation  
   168K.   Rules about revoking State reference public sector modern awards  
   168L.   Rules about varying coverage of State reference public sector modern awards  

   PART 2-4--ENTERPRISE AGREEMENTS

           Division 1--Introduction

   169.    Guide to this Part  
   170.    Meanings of employee and employer  
   171.    Objects of this Part  

           Division 2--Employers and employees may make enterprise agreements

   172.    Making an enterprise agreement  

           Division 3--Bargaining and representation during bargaining

   173.    Notice of employee representational rights  
   174.    Content and form of notice of employee representational rights  
   176.    Bargaining representatives for proposed enterprise agreements that are not greenfields agreements  
   177.    Bargaining representatives for proposed enterprise agreements that are greenfields agreements  
   178.    Appointment of bargaining representatives--other matters  
   178A.   Revocation of appointment of bargaining representatives etc.  
   178B.   Notified negotiation period for a proposed single-enterprise agreement that is a greenfields agreement  

           Division 4--Approval of enterprise agreements

              Subdivision A--Pre-approval steps and applications for the FWC's approval

   179.    Disclosure by organisations that are bargaining representatives  
   179A.   Disclosure by employers  
   180.    Employees must be given a copy of a proposed enterprise agreement etc.  
   181.    Employers may request employees to approve a proposed enterprise agreement  
   182.    When an enterprise agreement is made  
   183.    Entitlement of an employee organisation to have an enterprise agreement cover it  
   184.    Multi-enterprise agreement to be varied if not all employees approve the agreement  
   185.    Bargaining representative must apply for the FWC's approval of an enterprise agreement  
   185A.   Material that must accompany an application under subsection 182(4) for approval of a greenfields agreement  

              Subdivision B--Approval of enterprise agreements by the FWC

   186.    When the FWC must approve an enterprise agreement--general requirements  
   187.    When the FWC must approve an enterprise agreement--additional requirements  
   188.    When employees have genuinely agreed to an enterprise agreement  
   188A.   Disclosure documents  
   189.    FWC may approve an enterprise agreement that does not pass better off overall test--public interest test  
   190.    FWC may approve an enterprise agreement with undertakings  
   191.    Effect of undertakings  
   192.    When the FWC may refuse to approve an enterprise agreement  

              Subdivision C--Better off overall test

   193.    Passing the better off overall test  

              Subdivision D--Unlawful terms

   194.    Meaning of unlawful term  
   195.    Meaning of discriminatory term  
   195A.   Meaning of objectionable emergency management term  

              Subdivision E--Approval requirements relating to particular kinds of employees

   196.    Shiftworkers  
   197.    Pieceworkers--enterprise agreement includes pieceworker term  
   198.    Pieceworkers--enterprise agreement does not include a pieceworker term  
   199.    School-based apprentices and school-based trainees  
   200.    Outworkers  

              Subdivision F--Other matters

   201.    Approval decision to note certain matters  

           Division 5--Mandatory terms of enterprise agreements

   202.    Enterprise agreements to include a flexibility term etc.  
   203.    Requirements to be met by a flexibility term  
   204.    Effect of arrangement that does not meet requirements of flexibility term  
   205.    Enterprise agreements to include a consultation term etc.  

           Division 6--Base rate of pay under enterprise agreements

   206.    Base rate of pay under an enterprise agreement must not be less than the modern award rate or the national minimum wage order rate etc.  

           Division 7--Variation and termination of enterprise agreements

              Subdivision A--Variation of enterprise agreements by employers and employees

   207.    Variation of an enterprise agreement may be made by employers and employees  
   208.    Employers may request employees to approve a proposed variation of an enterprise agreement  
   209.    When a variation of an enterprise agreement is made  
   210.    Application for the FWC's approval of a variation of an enterprise agreement  
   211.    When the FWC must approve a variation of an enterprise agreement  
   212.    FWC may approve a variation of an enterprise agreement with undertakings  
   213.    Effect of undertakings  
   214.    When the FWC may refuse to approve a variation of an enterprise agreement  
   215.    Approval decision to note undertakings  
   216.    When variation comes into operation  

              Subdivision B--Variations of enterprise agreements where there is ambiguity, uncertainty or discrimination

   217.    Variation of an enterprise agreement to remove an ambiguity or uncertainty  
   217A.   FWC may deal with certain disputes about variations  
   218.    Variation of an enterprise agreement on referral by Australian Human Rights Commission  

              Subdivision C--Termination of enterprise agreements by employers and employees

   219.    Employers and employees may agree to terminate an enterprise agreement  
   220.    Employers may request employees to approve a proposed termination of an enterprise agreement  
   221.    When termination of an enterprise agreement is agreed to  
   222.    Application for the FWC's approval of a termination of an enterprise agreement  
   223.    When the FWC must approve a termination of an enterprise agreement  
   224.    When termination comes into operation  

              Subdivision D--Termination of enterprise agreements after nominal expiry date

   225.    Application for termination of an enterprise agreement after its nominal expiry date  
   226.    When the FWC must terminate an enterprise agreement  
   227.    When termination comes into operation  

           Division 8--FWC's general role in facilitating bargaining

              Subdivision A--Bargaining orders

   228.    Bargaining representatives must meet the good faith bargaining requirements  
   229.    Applications for bargaining orders  
   230.    When the FWC may make a bargaining order  
   231.    What a bargaining order must specify  
   232.    Operation of a bargaining order  
   233.    Contravening a bargaining order  

              Subdivision B--Serious breach declarations

   234.    Applications for serious breach declarations  
   235.    When the FWC may make a serious breach declaration  

              Subdivision C--Majority support determinations and scope orders

   236.    Majority support determinations  
   237.    When the FWC must make a majority support determination  
   238.    Scope orders  
   239.    Operation of a scope order  

              Subdivision D--FWC may deal with a bargaining dispute on request

   240.    Application for the FWC to deal with a bargaining dispute  

           Division 9--Low-paid bargaining

   241.    Objects of this Division  
   242.    Low-paid authorisations  
   243.    When the FWC must make a low-paid authorisation  
   244.    Variation of low-paid authorisations--general  
   245.    Variation of low-paid authorisations--enterprise agreement etc. comes into operation  
   246.    FWC's assistance for the low-paid  

           Division 10--Single interest employer authorisations

              Subdivision A--Declaration that employers may bargain together for a proposed enterprise agreement

   247.    Ministerial declaration that employers may bargain together for a proposed enterprise agreement  

              Subdivision B--Single interest employer authorisations

   248.    Single interest employer authorisations  
   249.    When the FWC must make a single interest employer authorisation  
   250.    What a single interest employer authorisation must specify  
   251.    Variation of single interest employer authorisations  
   252.    Variation to extend period single interest employer authorisation is in operation  

           Division 11--Other matters

   253.    Terms of an enterprise agreement that are of no effect  
   254.    Applications by bargaining representatives  
   254A.   Entitlement for volunteer bodies to make submissions  
   255.    Part does not empower the FWC to make certain orders  
   255A.   Limitations relating to greenfields agreements  
   256.    Prospective employers and employees  
   256A.   How employees, employers and employee organisations are to be described  
   257.    Enterprise agreements may incorporate material in force from time to time etc.  

   PART 2-5--WORKPLACE DETERMINATIONS

           Division 1--Introduction

   258.    Guide to this Part  
   259.    Meanings of employee and employer  

           Division 2--Low-paid workplace determinations

   260.    Applications for low-paid workplace determinations  
   261.    When the FWC must make a consent low-paid workplace determination  
   262.    When the FWC must make a special low-paid workplace determination--general requirements  
   263.    When the FWC must make a special low-paid workplace determination--additional requirements  
   264.    Terms etc. of a low-paid workplace determination  
   265.    No other terms  

           Division 3--Industrial action related workplace determinations

   266.    When the FWC must make an industrial action related workplace determination  
   267.    Terms etc. of an industrial action related workplace determination  
   268.    No other terms  

           Division 4--Bargaining related workplace determinations

   269.    When the FWC must make a bargaining related workplace determination  
   270.    Terms etc. of a bargaining related workplace determination  
   271.    No other terms  
   271A.   Limitations relating to greenfields agreements  

           Division 5--Core terms, mandatory terms and agreed terms of workplace determinations etc

   272.    Core terms of workplace determinations  
   273.    Mandatory terms of workplace determinations  
   274.    Agreed terms for workplace determinations  
   275.    Factors the FWC must take into account in deciding terms of a workplace determination  

           Division 6--Operation, coverage and interaction etc

   276.    When a workplace determination operates etc.  
   277.    Employers, employees and employee organisations covered by a workplace determination  
   278.    Interaction of a workplace determination with enterprise agreements etc.  
   279.    Act applies to a workplace determination as if it were an enterprise agreement  

           Division 7--Other matters

   280.    Contravening a workplace determination  
   281.    Applications by bargaining representatives  
   281AA.  Entitlement for volunteer bodies to make submissions  
   281A.   How employees, employers and employee organisations are to be described  

   PART 2-6--MINIMUM WAGES

           Division 1--Introduction

   282.    Guide to this Part  
   283.    Meanings of employee and employer  

           Division 2--Overarching provisions

   284.    The minimum wages objective  

           Division 3--Annual wage reviews

              Subdivision A--Main provisions

   285.    Annual wage reviews to be conducted  
   286.    When annual wage review determinations varying modern awards come into operation  
   287.    When national minimum wage orders come into operation etc.  

              Subdivision B--Provisions about conduct of annual wage reviews

   288.    General  
   289.    Everyone to have a reasonable opportunity to make and comment on submissions  
   290.    President may direct investigations and reports  
   291.    Research must be published  
   292.    Varied wage rates must be published  

           Division 4--National minimum wage orders

   293.    Contravening a national minimum wage order  
   294.    Content of national minimum wage order--main provisions  
   295.    Content of national minimum wage order--other matters  
   296.    Variation of national minimum wage order to remove ambiguity or uncertainty or correct error  
   297.    When determinations varying national minimum wage orders come into operation  
   298.    Special rule about retrospective variations of national minimum wage orders  
   299.    When a national minimum wage order is in operation  

   PART 2-7--EQUAL REMUNERATION

           Division 1--Introduction

   300.    Guide to this Part  
   301.    Meanings of employee and employer  

           Division 2--Equal remuneration orders

   302.    FWC may make an order requiring equal remuneration  
   303.    Equal remuneration order may increase, but must not reduce, rates of remuneration  
   304.    Equal remuneration order may implement equal remuneration in stages  
   305.    Contravening an equal remuneration order  
   306.    Inconsistency with modern awards, enterprise agreements and orders of the FWC  

   PART 2-8--TRANSFER OF BUSINESS

           Division 1--Introduction

   307.    Guide to this Part  
   308.    Meanings of employee and employer  
   309.    Object of this Part  

           Division 2--Transfer of instruments

   310.    Application of this Division  
   311.    When does a transfer of business occur  
   312.    Instruments that may transfer  
   313.    Transferring employees and new employer covered by transferable instrument  
   314.    New non-transferring employees of new employer may be covered by transferable instrument  
   315.    Organisations covered by transferable instrument  
   316.    Transferring employees who are high income employees  

           Division 3--Powers of the FWC

   317.    FWC may make orders in relation to a transfer of business  
   318.    Orders relating to instruments covering new employer and transferring employees  
   319.    Orders relating to instruments covering new employer and non-transferring employees  
   320.    Variation of transferable instruments  

   PART 2-9--OTHER TERMS AND CONDITIONS OF EMPLOYMENT

           Division 1--Introduction

   321.    Guide to this Part  
   322.    Meanings of employee and employer  

           Division 2--Payment of wages etc

   323.    Method and frequency of payment  
   324.    Permitted deductions  
   325.    Unreasonable requirements to spend or pay amount  
   326.    Certain terms have no effect  
   327.    Things given or provided, and amounts required to be spent or paid, in contravention of this Division  

           Division 3--Guarantee of annual earnings

   328.    Employer obligations in relation to guarantee of annual earnings  
   329.    High income employee  
   330.    Guarantee of annual earnings and annual rate of guarantee  
   331.    Guaranteed period  
   332.    Earnings  
   333.    High income threshold  
   333A.   Prospective employees  
            

CHAPTER 3--Rights and responsibilities of employees, employers, organisations etc
            

   PART 3-1--GENERAL PROTECTIONS

           Division 1--Introduction

   334.    Guide to this Part  
   335.    Meanings of employee and employer  
   336.    Objects of this Part  

           Division 2--Application of this Part

   337.    Application of this Part  
   338.    Action to which this Part applies  
   339.    Additional effect of this Part  

           Division 3--Workplace rights

   340.    Protection  
   341.    Meaning of workplace right  
   342.    Meaning of adverse action  
   343.    Coercion  
   344.    Undue influence or pressure  
   345.    Misrepresentations  

           Division 4--Industrial activities

   346.    Protection  
   347.    Meaning of engages in industrial activity  
   348.    Coercion  
   349.    Misrepresentations  
   350.    Inducements--membership action  

           Division 5--Other protections

   351.    Discrimination  
   352.    Temporary absence--illness or injury  
   353.    Bargaining services fees  
   354.    Coverage by particular instruments  
   355.    Coercion--allocation of duties etc. to particular person  
   356.    Objectionable terms  

           Division 6--Sham arrangements

   357.    Misrepresenting employment as independent contracting arrangement  
   358.    Dismissing to engage as independent contractor  
   359.    Misrepresentation to engage as independent contractor  

           Division 7--Ancillary rules

   360.    Multiple reasons for action  
   361.    Reason for action to be presumed unless proved otherwise  
   362.    Advising, encouraging, inciting or coercing action  
   363.    Actions of industrial associations  
   364.    Unincorporated industrial associations  

           Division 8--Compliance

              Subdivision A--Contraventions involving dismissal

   365.    Application for the FWC to deal with a dismissal dispute  
   366.    Time for application  
   367.    Application fees  
   368.    Dealing with a dismissal dispute (other than by arbitration)  
   369.    Dealing with a dismissal dispute by arbitration  
   370.    Taking a dismissal dispute to court  

              Subdivision B--Other contraventions

   372.    Application for the FWC to deal with a non-dismissal dispute  
   373.    Application fees  
   374.    Conferences  
   375.    Advice on general protections court application  

              Subdivision C--Appeals and costs orders

   375A.   Appeal rights  
   375B.   Costs orders against parties  
   376.    Costs orders against lawyers and paid agents  
   377.    Applications for costs orders  
   377A.   Schedule of costs  
   378.    Contravening costs orders  

   PART 3-2--UNFAIR DISMISSAL

           Division 1--Introduction

   379.    Guide to this Part  
   380.    Meanings of employee and employer  
   381.    Object of this Part  

           Division 2--Protection from unfair dismissal

   382.    When a person is protected from unfair dismissal  
   383.    Meaning of minimum employment period  
   384.    Period of employment  

           Division 3--What is an unfair dismissal

   385.    What is an unfair dismissal  
   386.    Meaning of dismissed  
   387.    Criteria for considering harshness etc.  
   388.    The Small Business Fair Dismissal Code  
   389.    Meaning of genuine redundancy  

           Division 4--Remedies for unfair dismissal

   390.    When the FWC may order remedy for unfair dismissal  
   391.    Remedy--reinstatement etc.  
   392.    Remedy--compensation  
   393.    Monetary orders may be in instalments  

           Division 5--Procedural matters

   394.    Application for unfair dismissal remedy  
   395.    Application fees  
   396.    Initial matters to be considered before merits  
   397.    Matters involving contested facts  
   398.    Conferences  
   399.    Hearings  
   399A.   Dismissing applications  
   400.    Appeal rights  
   400A.   Costs orders against parties  
   401.    Costs orders against lawyers and paid agents  
   402.    Applications for costs orders  
   403.    Schedule of costs  
   404.    Security for costs  
   405.    Contravening orders under this Part  

   PART 3-3--INDUSTRIAL ACTION

           Division 1--Introduction

   406.    Guide to this Part  
   407.    Meanings of employee and employer  

           Division 2--Protected industrial action

              Subdivision A--What is protected industrial action

   408.    Protected industrial action  
   409.    Employee claim action  
   410.    Employee response action  
   411.    Employer response action  
   412.    Pattern bargaining  

              Subdivision B--Common requirements for industrial action to be protected industrial action

   413.    Common requirements that apply for industrial action to be protected industrial action  
   414.    Notice requirements for industrial action  

              Subdivision C--Significance of industrial action being protected industrial action

   415.    Immunity provision  
   416.    Employer response action--employer may refuse to make payments to employees  
   416A.   Employer response action does not affect continuity of employment  

           Division 3--No industrial action before nominal expiry date of enterprise agreement etc

   417.    Industrial action must not be organised or engaged in before nominal expiry date of enterprise agreement etc.  

           Division 4--FWC orders stopping etc

   418.    FWC must order that industrial action by employees or employers stop etc.  
   419.    FWC must order that industrial action by non-national system employees or non-national system employers stop etc.  
   420.    Interim orders etc.  
   421.    Contravening an order etc.  

           Division 5--Injunction against industrial action if pattern bargaining is being engaged in

   422.    Injunction against industrial action if a bargaining representative is engaging in pattern bargaining  

           Division 6--Suspension or termination of protected industrial action by the FWC

   423.    FWC may suspend or terminate protected industrial action--significant economic harm etc.  
   424.    FWC must suspend or terminate protected industrial action--endangering life etc.  
   425.    FWC must suspend protected industrial action--cooling off  
   426.    FWC must suspend protected industrial action--significant harm to a third party  
   427.    FWC must specify the period of suspension  
   428.    Extension of a period of suspension  
   429.    Employee claim action without a further protected action ballot after a period of suspension etc.  
   430.    Notice of employee claim action engaged in after a period of suspension etc.  

           Division 7--Ministerial declarations

   431.    Ministerial declaration terminating industrial action  
   432.    Informing people of declaration  
   433.    Ministerial directions to remove or reduce threat  
   434.    Contravening a Ministerial direction  

           Division 8--Protected action ballots

              Subdivision A--Introduction

   435.    Guide to this Division  
   436.    Object of this Division  

              Subdivision B--Protected action ballot orders

   437.    Application for a protected action ballot order  
   438.    Restriction on when application may be made  
   439.    Joint applications  
   440.    Notice of application  
   441.    Application to be determined within 2 days after it is made  
   442.    Dealing with multiple applications together  
   443.    When the FWC must make a protected action ballot order  
   444.    FWC may decide on ballot agent other than the Australian Electoral Commission and independent advisor  
   445.    Notice of protected action ballot order  
   446.    Protected action ballot order may require 2 or more protected action ballots to be held at the same time  
   447.    Variation of protected action ballot order  
   448.    Revocation of protected action ballot order  

              Subdivision C--Conduct of protected action ballot

   449.    Protected action ballot to be conducted by Australian Electoral Commission or other specified ballot agent  
   450.    Directions for conduct of protected action ballot  
   451.    Timetable for protected action ballot  
   452.    Compilation of roll of voters  
   453.    Who is eligible to be included on the roll of voters  
   454.    Variation of roll of voters  
   455.    Protected action ballot papers  
   456.    Who may vote in protected action ballot  
   457.    Results of protected action ballot  
   458.    Report about conduct of protected action ballot  

              Subdivision D--Effect of protected action ballot

   459.    Circumstances in which industrial action is authorised by protected action ballot  
   460.    Immunity for persons who act in good faith on protected action ballot results  
   461.    Validity of protected action ballot etc. not affected by technical breaches  

              Subdivision E--Compliance

   462.    Interferences etc. with protected action ballot  
   463.    Contravening a protected action ballot order etc.  

              Subdivision F--Liability for costs of protected action ballot

   464.    Costs of protected action ballot conducted by the Australian Electoral Commission  
   465.    Costs of protected action ballot conducted by protected action ballot agent other than the Australian Electoral Commission  
   466.    Costs of legal challenges  

              Subdivision G--Miscellaneous

   467.    Information about employees on roll of voters not to be disclosed  
   468.    Records  
   469.    Regulations  

           Division 9--Payments relating to periods of industrial action

              Subdivision A--Protected industrial action

   470.    Payments not to be made relating to certain periods of industrial action  
   471.    Payments relating to partial work bans  
   472.    Orders by the FWC relating to certain partial work bans  
   473.    Accepting or seeking payments relating to periods of industrial action  

              Subdivision B--Industrial action that is not protected industrial action

   474.    Payments not to be made relating to certain periods of industrial action  
   475.    Accepting or seeking payments relating to periods of industrial action  

              Subdivision C--Miscellaneous

   476.    Other responses to industrial action unaffected  

           Division 10--Other matters

   477.    Applications by bargaining representatives  

   PART 3-4--RIGHT OF ENTRY

           Division 1--Introduction

   478.    Guide to this Part  
   479.    Meanings of employee and employer  
   480.    Object of this Part  

           Division 2--Entry rights under this Act

              Subdivision A--Entry to investigate suspected contravention

   481.    Entry to investigate suspected contravention  
   482.    Rights that may be exercised while on premises  
   483.    Later access to record or document  
   483AA.  Application to the FWC for access to non-member records  

              Subdivision AA--Entry to investigate suspected contravention relating to TCF award workers

   483A.   Entry to investigate suspected contravention relating to TCF award workers  
   483B.   Rights that may be exercised while on premises  
   483C.   Later access to record or document  
   483D.   Entry onto other premises to access records and documents  
   483E.   Later access to record or document--other premises  

              Subdivision B--Entry to hold discussions

   484.    Entry to hold discussions  

              Subdivision C--Requirements for permit holders

   486.    Permit holder must not contravene this Subdivision  
   487.    Giving entry notice or exemption certificate  
   488.    Contravening entry permit conditions  
   489.    Producing authority documents  
   490.    When right may be exercised  
   491.    Occupational health and safety requirements  
   492.    Location of interviews and discussions  
   492A.   Route to location of interview and discussions  
   493.    Residential premises  

           Division 3--State or Territory OHS rights

   494.    Official must be permit holder to exercise State or Territory OHS right  
   495.    Giving notice of entry  
   496.    Contravening entry permit conditions  
   497.    Producing entry permit  
   498.    When right may be exercised  
   499.    Occupational health and safety requirements  

           Division 4--Prohibitions

   500.    Permit holder must not hinder or obstruct  
   501.    Person must not refuse or delay entry  
   502.    Person must not hinder or obstruct permit holder  
   503.    Misrepresentations about things authorised by this Part  
   504.    Unauthorised use or disclosure of information or documents  

           Division 5--Powers of the FWC

              Subdivision A--Dealing with disputes

   505.    FWC may deal with a dispute about the operation of this Part  
   505A.   FWC may deal with a dispute about frequency of entry to hold discussions  
   506.    Contravening order made to deal with dispute  

              Subdivision B--Taking action against permit holder

   507.    FWC may take action against permit holder  

              Subdivision C--Restricting rights of organisations and officials where misuse of rights

   508.    FWC may restrict rights if organisation or official has misused rights  
   509.    Contravening order made for misuse of rights  

              Subdivision D--When the FWC must revoke or suspend entry permits

   510.    When the FWC must revoke or suspend entry permits  

              Subdivision E--General rules for suspending entry permits

   511.    General rules for suspending entry permits  

           Division 6--Entry permits, entry notices and certificates

              Subdivision A--Entry permits

   512.    FWC may issue entry permits  
   513.    Considering application  
   514.    When the FWC must not issue permit  
   515.    Conditions on entry permit  
   516.    Expiry of entry permit  
   517.    Return of entry permits to the FWC  

              Subdivision B--Entry notices

   518.    Entry notice requirements  

              Subdivision C--Exemption certificates

   519.    Exemption certificates  

              Subdivision D--Affected member certificates

   520.    Affected member certificates  

              Subdivision E--Miscellaneous

   521.    Regulations dealing with instruments under this Part  

           Division 7--Accommodation and transport arrangements in remote areas

   521A.   Meaning of accommodation arrangement  
   521B.   Meaning of transport arrangement  
   521C.   Accommodation arrangements for remote areas  
   521D.   Transport arrangements for remote areas  

   PART 3-5--STAND DOWN

           Division 1--Introduction

   522.    Guide to this Part  
   523.    Meanings of employee and employer  

           Division 2--Circumstances allowing stand down

   524.    Employer may stand down employees in certain circumstances  
   525.    Employee not stood down during a period of authorised leave or absence  

           Division 3--Dealing with disputes

   526.    FWC may deal with a dispute about the operation of this Part  
   527.    Contravening an FWC order dealing with a dispute about the operation of this Part  

   PART 3-6--OTHER RIGHTS AND RESPONSIBILITIES

           Division 1--Introduction

   528.    Guide to this Part  
   529.    Meanings of employee and employer  

           Division 2--Notification and consultation relating to certain dismissals

              Subdivision A--Requirement to notify Centrelink

   530.    Employer to notify Centrelink of certain proposed dismissals  

              Subdivision B--Failure to notify or consult registered employee associations

   531.    FWC may make orders where failure to notify or consult registered employee associations about dismissals  
   532.    Orders that the FWC may make  
   533.    Application for an FWC order  

              Subdivision C--Limits on scope of this Division

   534.    Limits on scope of this Division  

           Division 3--Employer obligations in relation to employee records and pay slips

   535.    Employer obligations in relation to employee records  
   536.    Employer obligations in relation to pay slips  

   PART 3-7--CORRUPTING BENEFITS

           Division 1--Introduction

   536A.   Guide to this Part  
   536B.   Meanings of employee and employer  
   536C.   Concurrent operation of State and Territory laws  
   536CA.  Dishonesty  

           Division 2--Giving, receiving or soliciting corrupting benefits

   536D.   Giving, receiving or soliciting a corrupting benefit  
   536E.   Meaning of registered organisations officer or employee  

           Division 3--Cash or in kind payments to employee organisations etc

   536F.   Giving a cash or in kind payment  
   536G.   Receiving or soliciting a cash or in kind payment  
   536H.   Implied freedom of political communication  
            

CHAPTER 4--Compliance and enforcement
            

   PART 4-1--CIVIL REMEDIES

           Division 1--Introduction

   537.    Guide to this Part  

              Subdivision A--of Division 2 deals with applications for orders in relation to contraventions of civil remedy provisions and safety net contractual entitlements, and applications for orders to enforce entitlements arising under subsection 542(1).

              Subdivision B--of Division 2 sets out the orders that can be made by the Federal Court, the Federal Circuit Court or an eligible State or Territory Court in relation to a contravention of a civil remedy provision.

   538.    Meanings of employee and employer  

           Division 2--Orders

              Subdivision A--Applications for orders

   539.    Applications for orders in relation to contraventions of civil remedy provisions  
   540.    Limitations on who may apply for orders etc.  
   541.    Applications for orders in relation to safety net contractual entitlements  
   542.    Entitlements under contracts  
   543.    Applications for orders in relation to statutory entitlements derived from contracts  
   544.    Time limit on applications  

              Subdivision B--Orders

   545.    Orders that can be made by particular courts  
   546.    Pecuniary penalty orders  
   547.    Interest up to judgment  

           Division 3--Small claims procedure

   548.    Plaintiffs may choose small claims procedure  

           Division 4--General provisions relating to civil remedies

   549.    Contravening a civil remedy provision is not an offence  
   550.    Involvement in contravention treated in same way as actual contravention  
   551.    Civil evidence and procedure rules for proceedings relating to civil remedy provisions  
   552.    Civil proceedings after criminal proceedings  
   553.    Criminal proceedings during civil proceedings  
   554.    Criminal proceedings after civil proceedings  
   555.    Evidence given in proceedings for pecuniary penalty not admissible in criminal proceedings  
   556.    Civil double jeopardy  
   557.    Course of conduct  
   557A.   Serious contravention of civil remedy provisions  
   557B.   Liability of bodies corporate for serious contravention  
   557C.   Presumption where records not provided  
   558.    Regulations dealing with infringement notices  

           Division 4A--Responsibility of responsible franchisor entities and holding companies for certain contraventions

   558A.   Meaning of franchisee entity and responsible franchisor entity  
   558B.   Responsibility of responsible franchisor entities and holding companies for certain contraventions  
   558C.   Right of responsible franchisor entity or holding company to recover  

           Division 5--Unclaimed money

   559.    Unclaimed money  

   PART 4-2--JURISDICTION AND POWERS OF COURTS

           Division 1--Introduction

   560.    Guide to this Part  
   561.    Meanings of employee and employer  

           Division 2--Jurisdiction and powers of the Federal Court

   562.    Conferring jurisdiction on the Federal Court  
   563.    Exercising jurisdiction in the Fair Work Division of the Federal Court  
   564.    No limitation on Federal Court's powers  
   565.    Appeals from eligible State or Territory courts  

           Division 3--Jurisdiction and powers of the Federal Circuit Court

   566.    Conferring jurisdiction on the Federal Circuit Court  
   567.    Exercising jurisdiction in the Fair Work Division of the Federal Circuit Court  
   568.    No limitation on Federal Circuit Court's powers  

           Division 4--Miscellaneous

   569.    Minister's entitlement to intervene  
   569A.   State or Territory Minister's entitlement to intervene  
   570.    Costs only if proceedings instituted vexatiously etc.  
   571.    No imprisonment for failure to pay pecuniary penalty  
   572.    Regulations dealing with matters relating to court proceedings  
            

CHAPTER 5--Administration
            

   PART 5-1--THE FAIR WORK COMMISSION

           Division 1--Introduction

   573.    Guide to this Part  
   574.    Meanings of employee and employer  

           Division 2--Establishment and functions of the Fair Work Commission

              Subdivision A--Establishment and functions of the Fair Work Commission

   575.    Establishment of the Fair Work Commission  
   576.    Functions of the FWC  
   577.    Performance of functions etc. by the FWC  
   578.    Matters the FWC must take into account in performing functions etc.  
   579.    FWC has privileges and immunities of the Crown  
   580.    Protection of FWC Members  

              Subdivision B--Functions and powers of the President

   581.    Functions of the President  
   581A.   Dealing with a complaint about an FWC Member  
   581B.   Code of Conduct  
   582.    Directions by the President  
   583.    President not subject to direction  
   584.    Delegation of functions and powers of the President  

              Subdivision C--Protection of persons involved in handling etc

   584B.   Protection of persons involved in handling etc. complaints about FWC Members  

           Division 3--Conduct of matters before the FWC

              Subdivision A--Applications to the FWC

   585.    Applications in accordance with procedural rules  
   586.    Correcting and amending applications and documents etc.  
   587.    Dismissing applications  
   588.    Discontinuing applications  

              Subdivision B--Conduct of matters before the FWC

   589.    Procedural and interim decisions  
   590.    Powers of the FWC to inform itself  
   591.    FWC not bound by rules of evidence and procedure  
   592.    Conferences  
   593.    Hearings  
   594.    Confidential evidence  
   595.    FWC's power to deal with disputes  

              Subdivision C--Representation by lawyers and paid agents and Minister's entitlement to make submissions

   596.    Representation by lawyers and paid agents  
   597.    Minister's entitlement to make submissions  
   597A.   State or Territory Minister's entitlement to make submissions  

              Subdivision D--Decisions of the FWC

   598.    Decisions of the FWC  
   599.    FWC not required to decide an application in terms applied for  
   600.    Determining matters in the absence of a person  
   601.    Writing and publication requirements for the FWC's decisions  
   602.    Correcting obvious errors etc. in relation to the FWC's decisions  
   603.    Varying and revoking the FWC's decisions  

              Subdivision E--Appeals, reviews and referring questions of law

   604.    Appeal of decisions  
   605.    Minister's entitlement to apply for review of a decision  
   606.    Staying decisions that are appealed or reviewed  
   607.    Process for appealing or reviewing decisions  
   608.    Referring questions of law to the Federal Court  

              Subdivision F--Miscellaneous

   609.    Procedural rules  
   610.    Regulations dealing with any FWC matters  
   611.    Costs  

           Division 4--Organisation of the FWC

              Subdivision A--Functions etc

   612.    FWC's functions etc. may generally be performed by single FWC Member  
   613.    Appeal of decisions  
   614.    Review of decisions by a Full Bench  
   615.    The President may direct a Full Bench to perform function etc.  
   615A.   When the President must direct a Full Bench to perform function etc.  
   615B.   Transfer to a Full Bench from an FWC Member  
   615C.   Transfer to the President from an FWC Member or a Full Bench  
   616.    FWC's functions etc. that must be performed by a Full Bench  
   617.    FWC's functions etc. that must be performed by an Expert Panel  

              Subdivision B--Constitution of the FWC by a single FWC Member, a Full Bench or an Expert Panel

   618.    Constitution and decision-making of a Full Bench  
   619.    Seniority of FWC Members  
   620.    Constitution and decision-making of an Expert Panel  
   621.    Reconstitution of the FWC when single FWC Member becomes unavailable  
   622.    Reconstitution of the FWC when FWC Member of a Full Bench or an Expert Panel becomes unavailable  
   623.    When new FWC Members begin to deal with matters  
   624.    FWC's decisions not invalid when improperly constituted  

              Subdivision C--Delegation of the FWC's functions and powers

   625.    Delegation by the President of functions and powers of the FWC  

           Division 5--FWC Members

              Subdivision A--Appointment of FWC Members

   626.    Appointment of FWC Members  
   627.    Qualifications for appointment of FWC Members  
   628.    Basis of appointment of FWC Members  
   629.    Period of appointment of FWC Members  

              Subdivision B--Terms and conditions of FWC Members

   629A.   Status of the President  
   630.    Appointment of a Judge not to affect tenure etc.  
   631.    Dual federal and State appointments of Deputy Presidents or Commissioners  
   632.    Dual federal and Territory appointments of Deputy Presidents or Commissioners  
   633.    Outside work of FWC Members  
   634.    Oath or affirmation of office  
   635.    Remuneration of the President  
   636.    Application of Judges' Pensions Act to the President  
   637.    Remuneration of FWC Members other than the President  
   638.    Remuneration of Deputy Presidents or Commissioners performing duties on a part-time basis  
   639.    Leave of absence of FWC Members other than the President  
   640.    Disclosure of interests by FWC Members other than the President  
   641.    Termination of appointment on grounds of misbehaviour or incapacity  
   641A.   Minister may handle complaints about FWC Members  
   642.    Suspension on grounds of misbehaviour or incapacity  
   643.    Termination of appointment for bankruptcy, etc.  
   644.    Termination of appointment for outside work  
   645.    Resignation of FWC Members  
   646.    Other terms and conditions of FWC Members  
   647.    Appointment of acting President and Vice President  
   648.    Appointment of acting Deputy Presidents and Commissioners  

           Division 6--Cooperation with the States

   649.    President to cooperate with prescribed State industrial authorities  
   650.    Provision of administrative support  

           Division 7--Seals and additional powers and functions of the President and the General Manager

   651.    Seals  
   652.    Annual report  
   653.    Reports about making enterprise agreements, individual flexibility arrangements etc.  
   653A.   Arrangements with the Federal Court and the Federal Circuit Court  
   654.    President must provide certain information etc. to the Minister and Fair Work Ombudsman  
   655.    Disclosure of information by the FWC  

           Division 8--General Manager, staff and consultants

              Subdivision A--Functions of the General Manager

   656.    Establishment  
   657.    Functions and powers of the General Manager  
   658.    Directions from the President  
   659.    General Manager not otherwise subject to direction  

              Subdivision B--Appointment and terms and conditions of the General Manager

   660.    Appointment of the General Manager  
   661.    Remuneration of the General Manager  
   662.    Leave of absence of the General Manager  
   663.    Outside work of the General Manager  
   664.    Disclosure of interests to the President  
   665.    Resignation of the General Manager  
   666.    Termination of appointment of the General Manager  
   667.    Other terms and conditions of the General Manager  
   668.    Appointment of acting General Manager  
   669.    Minister to consult the President  

              Subdivision C--Staff and consultants

   670.    Staff  
   671.    Delegation by General Manager to staff  
   672.    Persons assisting the FWC  
   673.    Consultants  

              Subdivision D--Application of the finance law

   673A.   Application of the finance law  

           Division 9--Offences relating to the Fair Work Commission

   674.    Offences in relation to the FWC  
   675.    Contravening an FWC order  
   676.    Intimidation etc.  
   677.    Offences in relation to attending before the FWC  
   678.    False or misleading evidence  

   PART 5-2--OFFICE OF THE FAIR WORK OMBUDSMAN

           Division 1--Introduction

   679.    Guide to this Part  
   680.    Meanings of employee and employer  

           Division 2--Fair Work Ombudsman

              Subdivision A--Establishment and functions and powers of the Fair Work Ombudsman

   681.    Establishment  
   682.    Functions of the Fair Work Ombudsman  
   683.    Delegation by the Fair Work Ombudsman  
   684.    Directions from the Minister  
   685.    Minister may require reports  
   686.    Annual report  

              Subdivision B--Appointment and terms and conditions of the Fair Work Ombudsman

   687.    Appointment of the Fair Work Ombudsman  
   688.    Remuneration of the Fair Work Ombudsman  
   689.    Leave of absence of the Fair Work Ombudsman  
   690.    Outside work of the Fair Work Ombudsman  
   692.    Resignation of the Fair Work Ombudsman  
   693.    Termination of appointment of the Fair Work Ombudsman  
   694.    Other terms and conditions of the Fair Work Ombudsman  
   695.    Appointment of acting Fair Work Ombudsman  

           Division 3--Office of the Fair Work Ombudsman

              Subdivision A--Establishment of the Office of the Fair Work Ombudsman

   696.    Establishment of the Office of the Fair Work Ombudsman  

              Subdivision B--Staff and consultants etc

   697.    Staff  
   698.    Persons assisting the Fair Work Ombudsman  
   699.    Consultants  

              Subdivision C--Appointment of Fair Work Inspectors

   700.    Appointment of Fair Work Inspectors  
   701.    Fair Work Ombudsman is a Fair Work Inspector  
   702.    Identity cards  

              Subdivision D--Functions and powers of Fair Work Inspectors--general

   703.    Conditions and restrictions on functions and powers  
   704.    General directions by the Fair Work Ombudsman  
   705.    Particular directions by the Fair Work Ombudsman  
   706.    Purpose for which powers of inspectors may be exercised  
   707.    When powers of inspectors may be exercised  
   707A.   Hindering or obstructing the Fair Work Ombudsman and inspectors etc.  

              Subdivision DA--Power to enter premises

   708.    Power of inspectors to enter premises  
   709.    Powers of inspectors while on premises  
   710.    Persons assisting inspectors  

              Subdivision DB--Powers to ask questions and require records and documents

   711.    Power to ask for person's name and address  
   712.    Power to require persons to produce records or documents  
   712A.   Minister may nominate AAT presidential members to issue FWO notices  
   712AA.  Fair Work Ombudsman may apply to nominated AAT presidential member for FWO notice  
   712AB.  Issue of FWO notice  
   712AC.  Form and content of FWO notice  
   712AD.  Fair Work Ombudsman may give FWO notice to person in relation to whom it is issued and vary time for compliance  
   712AE.  Conduct of examination  
   712B.   Requirement to comply with FWO notice  
   712C.   Payment for expenses incurred in attending as required by an FWO notice  
   712D.   Protection from liability relating to FWO notices  
   712E.   Fair Work Ombudsman must notify Commonwealth Ombudsman of issue of FWO notice  
   712F.   Review and report by Commonwealth Ombudsman  

              Subdivision DC--Other rules relating to answers, records and documents

   713.    Self-incrimination etc.  
   713A.   Certain records and documents are inadmissible  
   713AA.  Legal professional privilege  
   714.    Power to keep records or documents  
   714A.   Reports not to include information relating to an individual's affairs  

              Subdivision DD--Enforceable undertakings and compliance notices

   715.    Enforceable undertakings relating to contraventions of civil remedy provisions  
   716.    Compliance notices  
   717.    Review of compliance notices  

              Subdivision E--Disclosure of information by the Office of the Fair Work Ombudsman

   718.    Disclosure of information by the Office of the Fair Work Ombudsman  

              Subdivision F--False or misleading information or documents

   718A.   False or misleading information or documents  
            

CHAPTER 6--Miscellaneous
            

   PART 6-1--MULTIPLE ACTIONS

           Division 1--Introduction

   719.    Guide to this Part  
   720.    Meanings of employee and employer  

           Division 2--Certain actions not permitted if alternative action can be taken

   721.    Equal remuneration applications  
   722.    Notification and consultation requirements applications  
   723.    Unlawful termination applications  

           Division 3--Preventing multiple actions

              Subdivision A--Equal remuneration applications

   724.    Equal remuneration applications  

              Subdivision B--Applications and complaints relating to dismissal

   725.    General rule  
   726.    Dismissal remedy bargaining order applications  
   727.    General protections FWC applications  
   728.    General protections court applications  
   729.    Unfair dismissal applications  
   730.    Unlawful termination FWC applications  
   731.    Unlawful termination court applications  
   732.    Applications and complaints under other laws  
   733.    Dismissal does not include failure to provide benefits  

              Subdivision C--General protections applications that do not relate to dismissal

   734.    General rule  

   PART 6-2--DEALING WITH DISPUTES

           Division 1--Introduction

   735.    Guide to this Part  
   736.    Meanings of employee and employer  

           Division 2--Dealing with disputes

              Subdivision A--Model term about dealing with disputes

   737.    Model term about dealing with disputes  

              Subdivision B--Dealing with disputes

   738.    Application of this Division  
   739.    Disputes dealt with by the FWC  
   740.    Dispute dealt with by persons other than the FWC  

   PART 6-3--EXTENSION OF NATIONAL EMPLOYMENT STANDARDS ENTITLEMENTS

           Division 1--Introduction

   741.    Guide to this Part  
   742.    Meanings of employee and employer  

           Division 2--Extension of entitlement to unpaid parental leave and related entitlements

              Subdivision A--Main provisions

   743.    Object of this Division  
   744.    Extending the entitlement to unpaid parental leave and related entitlements  
   745.    Contravening the extended parental leave provisions  
   746.    References to the National Employment Standards include extended parental leave provisions  
   747.    State and Territory laws that are not excluded  

              Subdivision B--Modifications of the extended parental leave provisions

   748.    Non-national system employees are not award/agreement free employees  
   749.    Modification of meaning of base rate of pay for pieceworkers  
   750.    Modification of meaning of full rate of pay for pieceworkers  
   751.    Modification of meaning of ordinary hours of work--if determined by State industrial instrument  
   752.    Modification of meaning of ordinary hours of work--if not determined by State industrial instrument  
   753.    Modification of meaning of ordinary hours of work--regulations may prescribe usual weekly hours  
   754.    Modification of meaning of pieceworker  
   755.    Modification of provision about interaction with paid leave  
   756.    Modification of provision about relationship between National Employment Standards and agreements  
   757.    Modification of power to make regulations  

           Division 3--Extension of entitlement to notice of termination or payment in lieu of notice

              Subdivision A--Main provisions

   758.    Object of this Division  
   759.    Extending entitlement to notice of termination or payment in lieu of notice  
   760.    Contravening the extended notice of termination provisions  
   761.    References to the National Employment Standards include extended notice of termination provisions  
   762.    State and Territory laws that are not excluded  

              Subdivision B--Modifications of the extended notice of termination provisions

   763.    Non-national system employees are not award/agreement free employees  
   764.    Modification of meaning of full rate of pay for pieceworkers  
   765.    Modification of meaning of pieceworker  
   766.    Modification of provision about notice of termination by employee  
   767.    Modification of provision about relationship between National Employment Standards and agreements  
   768.    Modification of power to make regulations  

   PART 6-3A----TRANSFER OF BUSINESS FROM A STATE PUBLIC SECTOR EMPLOYER

           Division 1--Introduction

   768AA.  Guide to this Part  
   768AB.  Meanings of employee and employer  

           Division 2--Copying terms of State instruments when there is a transfer of business

   768AC.  What this Division is about  
   768AD.  When does a transfer of business occur?  
   768AE.  Meaning of transferring employee, termination time and re-employment time  

           Division 3--Copied State instruments

              Subdivision A--Guide to this Division

   768AF.  What this Division is about  

              Subdivision B--Copied State instruments

   768AG.  Contravening a copied State instrument  
   768AH.  What is a copied State instrument?  
   768AI.  What is a copied State award?  
   768AJ.  What is a State award?  
   768AK.  What is a copied State employment agreement?  
   768AL.  What is a State employment agreement?  
   768AM.  When does a copied State instrument apply to a person?  
   768AN.  When does a copied State instrument cover a person?  
   768AO.  When is a copied State instrument in operation?  

           Division 4--Interaction between copied State instruments and the NES, modern awards and enterprise agreements

              Subdivision A--Guide to this Division

   768AP.  What this Division is about  

              Subdivision B--Interaction with the NES

   768AQ.  Interaction between the NES and a copied State instrument  
   768AR.  Provisions of the NES that allow instruments to contain particular kinds of terms  

              Subdivision C--Interaction with modern awards

   768AS.  Modern awards and copied State awards  
   768AT.  Modern awards and copied State employment agreements  

              Subdivision D--Interaction with enterprise agreements

   768AU.  Enterprise agreements and copied State instruments  

           Division 5--Variation and termination of copied State instruments

              Subdivision A--Guide to this Division

   768AV.  What this Division is about  

              Subdivision B--Variation of copied State instruments

   768AW.  Variation in limited circumstances  
   768AX.  Variation of copied State instruments  

              Subdivision C--Termination of copied State instruments

   768AY.  Termination in limited circumstances  

           Division 6--FWC orders about coverage of copied State instruments and other instruments

              Subdivision A--Guide to this Division

   768AZ.  What this Division is about  
   768AZA. Orders in relation to a transfer of business  

              Subdivision B--Coverage orders

   768BA.  FWC orders about coverage for transferring employees  
   768BB.  FWC orders about coverage for employee organisations  

           Division 7--FWC orders about consolidating copied State instruments etc

              Subdivision A--Guide to this Division

   768BC.  What this Division is about  
   768BCA. Orders in relation to a transfer of business  

              Subdivision B--Consolidation orders in relation to transferring employees

   768BD.  Consolidation orders in relation to transferring employees  
   768BE.  Consolidation order to deal with application and coverage  
   768BF.  Effect of this Act after a consolidation order is made  

              Subdivision C--Consolidation orders in relation to non-transferring employees

   768BG.  Consolidation orders in relation to non-transferring employees  
   768BH.  Consolidation order to deal with application and coverage  
   768BI.  Effect of this Act after a consolidation order is made  

           Division 8--Special rules for copied State instruments

              Subdivision A--Guide to this Division

   768BJ.  What this Division is about  

              Subdivision B--Terms about disputes

   768BK.  Where no term dealing with disputes  

              Subdivision C--Service and entitlements of a transferring employee

   768BL.  Service for the purposes of this Act  
   768BM.  NES--working out non-accruing entitlements  
   768BN.  NES--working out accruing entitlements  
   768BO.  Copied State instrument--service  
   768BP.  Copied State instrument--working out non-accruing entitlements  
   768BQ.  Copied State instrument--working out accruing entitlements  

              Subdivision D--Cessation of copied State awards

   768BR.  Cessation not intended to result in reduction in take-home pay  
   768BS.  Orders remedying reductions in take-home pay  
   768BT.  Contravening a take-home pay order  
   768BU.  How long a take-home pay order continues to apply  
   768BV.  Interaction of take-home pay orders with modern awards and enterprise agreements  
   768BW.  Application of this Act to take-home pay orders  

              Subdivision E--Modification of this Act

   768BX.  Modification of this Act for copied State instruments  

              Subdivision F--Modification of the Transitional Act

   768BY.  Modification of the Transitional Act for copied State instruments  

              Subdivision G--Modification of the Registered Organisations Act

   768BZ.  Modification of the Registered Organisations Act for copied State instruments  

           Division 9--Regulations

   768CA.  Regulations  

   PART 6-4--ADDITIONAL PROVISIONS RELATING TO TERMINATION OF EMPLOYMENT

           Division 1--Introduction

   769.    Guide to this Part  
   770.    Meanings of employee and employer  

           Division 2--Termination of employment

   771.    Object of this Division  
   772.    Employment not to be terminated on certain grounds  
   773.    Application for the FWC to deal with a dispute  
   774.    Time for application  
   775.    Application fees  
   776.    Dealing with a dispute (other than by arbitration)  
   777.    Dealing with a dispute by arbitration  
   778.    Taking a dispute to court  
   779.    Appeal rights  
   779A.   Costs orders against parties  
   780.    Costs orders against lawyers and paid agents  
   781.    Applications for costs orders  
   781A.   Schedule of costs  
   782.    Contravening costs orders  
   783.    Reason for action to be presumed unless proved otherwise  

           Division 3--Notification and consultation requirements relating to certain terminations of employment

              Subdivision A--Object of this Division

   784.    Object of this Division  

              Subdivision B--Requirement to notify Centrelink

   785.    Employer to notify Centrelink of certain proposed terminations  

              Subdivision C--Failure to notify or consult registered employee associations

   786.    FWC may make orders where failure to notify or consult registered employee associations about terminations  
   787.    Orders that the FWC may make  
   788.    Application to the FWC for order  

              Subdivision D--Limits on scope of this Division

   789.    Limits on scope of this Division  

   PART 6-4A----SPECIAL PROVISIONS ABOUT TCF OUTWORKERS

           Division 1--Introduction

   789AA.  Guide to this Part  
   789AB.  Meanings of employee and employer  
   789AC.  Objects of this Part  

           Division 2--TCF contract outworkers taken to be employees in certain circumstances

   789BA.  Provisions covered by this Division  
   789BB.  TCF contract outworkers taken to be employees in certain circumstances  
   789BC.  Regulations relating to TCF outworkers who are taken to be employees  

           Division 3--Recovery of unpaid amounts

   789CA.  When this Division applies  
   789CB.  Liability of indirectly responsible entity for unpaid amount  
   789CC.  Demand for payment from an apparent indirectly responsible entity  
   789CD.  Court order for entity to pay amount demanded  
   789CE.  Effect of payment by entity (including entity's right to recover from responsible person)  
   789CF.  Division does not limit other liabilities or rights  

           Division 4--Code of practice relating to TCF outwork

   789DA.  Regulations may provide for a code  
   789DB.  Matters that may be dealt with in TCF outwork code  
   789DC.  Persons on whom obligations may be imposed by TCF outwork code  
   789DD.  Other general matters relating to content of TCF outwork code  
   789DE.  Relationship between the TCF outwork code and other instruments  

           Division 5--Miscellaneous

   789EA.  Part not intended to exclude or limit State or Territory laws relating to outworkers  

   PART 6-4B----WORKERS BULLIED AT WORK

           Division 1--Introduction

   789FA.  Guide to this Part  
   789FB.  Meanings of employee and employer  

           Division 2--Stopping workers being bullied at work

   789FC.  Application for an FWC order to stop bullying  
   789FD.  When is a worker bullied at work?  
   789FE.  FWC to deal with applications promptly  
   789FF.  FWC may make orders to stop bullying  
   789FG.  Contravening an order to stop bullying  
   789FH.  Actions under work health and safety laws permitted  
   789FI.  This Part is not to prejudice Australia's defence, national security etc.  
   789FJ.  Declarations by the Chief of the Defence Force  
   789FK.  Declarations by the Director-General of Security  
   789FL.  Declarations by the Director-General of ASIS  

   PART 6-5--MISCELLANEOUS

           Division 1--Introduction

   790.    Guide to this Part  
   791.    Meanings of employee and employer  

           Division 2--Miscellaneous

   792.    Delegation by Minister  
   793.    Liability of bodies corporate  
   794.    Signature on behalf of body corporate  
   795.    Public sector employer to act through employing authority  
   795A.   The Schedules  
   796.    Regulations--general  
   796A.   Regulations conferring functions  
   797.    Regulations dealing with offences  
   798.    Regulations dealing with civil penalties  
   799.    Regulations dealing with infringement notices  
   800.    Regulations dealing with exhibiting fair work instruments  
           SCHEDULE 1 Application, saving and transitional provisions relating to amendments of this Act
           SCHEDULE 2 Amendments made by the Fair Work Amendment (Transfer of Business) Act 2012
           SCHEDULE 3 Amendments made by the Fair Work Amendment Act 2012
           SCHEDULE 4 Amendments made by the Fair Work Amendment Act 2013
           SCHEDULE 5 Amendments made by the Fair Work Amendment Act 2015


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