FAIR WORK ACT 2009 (NO. 28, 2009)

Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009)

TABLE OF PROVISIONS

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
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)

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
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
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

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 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
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

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
78. Employee who ceases to have responsibility for care of child
79. Interaction with paid leave

Subdivision C--Other entitlements

80. Unpaid special maternity leave
81. Transfer to a safe job
82. Employee on paid no safe job leave may be asked to provide a further medical certificate
83. Consultation with employee on unpaid parental leave
84. Return to work guarantee
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
144. Flexibility terms
145. Effect of individual flexibility arrangement that does not meet requirements of flexibility term
146. Terms about settling disputes
147. Ordinary hours of work
148. Base and full rates of pay for pieceworkers
149. Automatic variation of allowances

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 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. FWA 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
160. Variation of modern award to remove ambiguity or uncertainty or correct error
161. Variation of modern award on referral by HREOC

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

PART 2-4--ENTERPRISE AGREEMENTS

Division 1--Introduction

169. Guide to this Part

Subdivision A--of Division 4 deals with the approval of proposed enterprise agreements by employees and sets out when an enterprise agreement is made.

Subdivision B--of Division 4 deals with the approval of enterprise agreements by FWA. The remaining Subdivisions of the Division deal with certain approval requirements, including in relation to genuine agreement by employees and the better off overall test.

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 of notice of employee representational rights
176. Bargaining representatives for proposed enterprise agreements that are not greenfields agreements
178. Appointment of bargaining representatives--other matters
178A. Revocation of appointment of bargaining representatives etc.

Division 4--Approval of enterprise agreements

Subdivision A--Pre-approval steps and applications for FWA approval

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 FWA approval of an enterprise agreement

Subdivision B--Approval of enterprise agreements by FWA

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

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 FWA approval of a variation of an enterprise agreement
211. When FWA must approve a variation of an enterprise agreement
212. FWA may approve a variation of an enterprise agreement with undertakings
213. Effect of undertakings
214. When FWA 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. FWA may deal with certain disputes about variations
218. Variation of an enterprise agreement on referral by HREOC

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 FWA approval of a termination of an enterprise agreement
223. When FWA 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 FWA must terminate an enterprise agreement
227. When termination comes into operation

Division 8--FWA'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 FWA 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 FWA may make a serious breach declaration

Subdivision C--Majority support determinations and scope orders

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

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

240. Application for FWA to deal with a bargaining dispute

Division 9--Low-paid bargaining

241. Objects of this Division
242. Low-paid authorisations
243. When FWA 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. FWA 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 FWA 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
255. Part does not empower FWA to make certain orders
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 FWA must make a consent low-paid workplace determination
262. When FWA must make a special low-paid workplace determination--general requirements
263. When FWA 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 FWA 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 FWA must make a bargaining related workplace determination
270. Terms etc. of a bargaining related workplace determination
271. No other terms

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 FWA 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
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 by 1 July

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. FWA 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 FWA

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 FWA

317. FWA 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 CONDITION OF EMPLOYMENT

Division 1--Introduction

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

Division 2--Payment of wages

323. Method and frequency of payment
324. Permitted deductions
325. Unreasonable requirements to spend amount
326. Certain terms have no effect
327. Things given or provided, and amounts required to be spent, 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 FWA to deal with a dispute
366. Time for application
367. Application fees
368. Conferences
369. Certificate if dispute not resolved
370. Advice on general protections court application
371. General protections court applications

Subdivision B--Other contraventions

372. Application for FWA to deal with a dispute
373. Application fees
374. Conferences
375. Advice on general protections court application

Subdivision C--Conference costs

376. Costs orders against lawyers and paid agents
377. Applications for costs orders
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 FWA 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
400. Appeal rights
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

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--FWA orders stopping etc

418. FWA must order that industrial action by employees or employers stop etc.
419. FWA 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 FWA

423. FWA may suspend or terminate protected industrial action--significant economic harm etc.
424. FWA must suspend or terminate protected industrial action--endangering life etc.
425. FWA must suspend protected industrial action--cooling off
426. FWA must suspend protected industrial action--significant harm to a third party
427. FWA 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

Subdivision B--provides for FWA to make a protected action ballot order, on application by a bargaining representative of an employee who will be covered by a proposed enterprise agreement, requiring a protected action ballot to be conducted.

Subdivision C--deals with the conduct of a protected action ballot.

Subdivision D--deals with the effect of a protected action ballot.

Subdivision E--deals with compliance matters in relation to a protected action ballot.

Subdivision F--deals with the liability for the costs of a protected action ballot.

Subdivision G--deals with records and other miscellaneous matters.

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 FWA must make a protected action ballot order
444. FWA 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 FWA 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 FWA for access to non-member records

Subdivision AA--Entry to investigate suspected contravention relating to TCF outworkers

483A. Entry to investigate suspected contravention relating to TCF outworkers
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. Conduct of interviews in particular room etc.
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 FWA

Subdivision A--Dealing with disputes

505. FWA may deal with a dispute about the operation of this Part
506. Contravening order made to deal with dispute

Subdivision B--Taking action against permit holder

507. FWA may take action against permit holder

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

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

Subdivision D--When FWA must revoke or suspend entry permits

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

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

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. FWA may deal with a dispute about the operation of this Part
527. Contravening an FWA 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

Subdivision A--of Division 2 deals with notifying the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink) about the proposed dismissals.

Subdivision B--of Division 2 provides for FWA to make orders if the employer fails to notify and consult relevant industrial associations.

Subdivision C--of Division 2 provides that that Division does not apply in relation to certain employees.

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. FWA may make orders where failure to notify or consult registered employee associations about dismissals
532. Orders that FWA may make
533. Application for FWA 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

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 Magistrates 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
558. Regulations dealing with infringement notices

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 Magistrates Court

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

Division 4--Miscellaneous

569. 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--FAIR WORK AUSTRALIA

Division 1--Introduction

573. Guide to this Part
574. Meanings of employee and employer
574A. Schedule 1

Division 2--Establishment and functions of Fair Work Australia

Subdivision A--Establishment and functions of Fair Work Australia

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

Subdivision B--Functions and powers of the President

581. Functions of the President
582. Directions by the President
583. President not subject to direction
584. Delegation of functions and powers of the President

Division 3--Conduct of matters before FWA

Subdivision A--Applications to FWA

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 FWA

589. Procedural and interim decisions
590. Powers of FWA to inform itself
591. FWA not bound by rules of evidence and procedure
592. Conferences
593. Hearings
594. Confidential evidence
595. FWA'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

Subdivision D--Decisions of FWA

598. Decisions of FWA
599. FWA 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 FWA's decisions
602. Correcting obvious errors etc. in relation to FWA's decisions
603. Varying and revoking FWA'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 FWA matters
611. Costs

Division 4--Organisation of FWA

Subdivision A--Functions etc

612. FWA functions etc. may generally be performed by single FWA Member
613. Appeal of decisions to be heard by a Full Bench, the President or a Deputy President
614. Review of decisions by a Full Bench
615. FWA functions etc. performed by a Full Bench on direction by the President
616. FWA functions etc. that must be performed by a Full Bench
617. FWA functions etc. that must be performed by the Minimum Wage Panel

Subdivision B--Constitution of FWA by a single FWA Member, a Full Bench or the Minimum Wage Panel

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

Subdivision C--Delegation of FWA's functions and powers

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

Division 5--FWA Members

Subdivision A--Appointment of FWA Members

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

Subdivision B--Terms and conditions of FWA Members

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 employment of FWA Members
634. Oath or affirmation of office
635. Remuneration of the President
636. Application of Judges' Pensions Act to the President
637. Remuneration of FWA Members other than the President
638. Remuneration of Deputy Presidents or Commissioners performing duties on a part-time basis
639. Leave of absence of FWA Members other than the President
640. Disclosure of interests by FWA Members other than the President
641. Termination of appointment on grounds of misbehaviour or incapacity
642. Suspension on grounds of misbehaviour or incapacity
643. Termination of appointment for bankruptcy, etc.
644. Termination of appointment for outside employment
645. Resignation of FWA Members
646. Other terms and conditions of FWA Members
647. Appointment of acting President
648. Appointment of acting Deputy Presidents

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 Magistrates Court
654. President must provide certain information etc. to the Minister and Fair Work Ombudsman
655. Disclosure of information by FWA

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 employment 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 FWA
673. Consultants

Division 9--Offences relating to Fair Work Australia

674. Offences in relation to FWA
675. Contravening an FWA order
676. Intimidation etc.
677. Offences in relation to attending before FWA
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 employment of the Fair Work Ombudsman
691. Disclosure of interests to the Minister
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

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
708. Power of inspectors to enter premises
709. Powers of inspectors while on premises
710. Persons assisting inspectors
711. Power to ask for person's name and address
712. Power to require persons to produce records or documents
713. Self-incrimination
714. Power to keep records or documents
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

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 FWA applications
728. General protections court applications
729. Unfair dismissal applications
730. Unlawful termination FWA 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 FWA
740. Dispute dealt with by persons other than FWA

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 6-4--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 FWA to deal with a dispute
774. Time for application
775. Application fees
776. Conferences
777. Certificate if dispute not resolved
778. Advice on unlawful termination court application
779. Unlawful termination court applications
780. Costs orders against lawyers and paid agents
781. Applications for costs orders
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. FWA may make orders where failure to notify or consult registered employee associations about terminations
787. Orders that FWA may make
788. Application to FWA for order

Subdivision D--Limits on scope of this Division

789. Limits on scope of this Division

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
796. Regulations--general
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 Transitional provisions

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