Commonwealth Numbered Acts

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 44

             (1)  An employer must not contravene a provision of the National Employment Standards.

Note:          This subsection is a civil remedy provision (see Part 4‑1).

             (2)  However, an order cannot be made under Division 2 of Part 4‑1 in relation to a contravention (or alleged contravention) of subsection 65(5) or 76(4).

Note 1:       Subsections 65(5) and 76(4) state that an employer may refuse a request for flexible working arrangements, or an application to extend unpaid parental leave, only on reasonable business grounds.

Note 2:       Modern awards and enterprise agreements include terms about settling disputes in relation to the National Employment Standards (other than disputes as to whether an employer had reasonable business grounds under subsection 65(5) or 76(4)).