(2.69mb)
(1.86mb)Fair Work Act 2009
As at 7 June 2010
Chapter 1—Introduction
Part 1-1—Introduction
Part 1-2—Definitions
Division 1—Introduction
Division 2—The Dictionary
Division 3—Definitions relating to the meanings of employee, employer etc.
Division 4—Other definitions
Part 1-3—Application of this Act
Division 1—Introduction
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
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
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
Division 4—Miscellaneous
Chapter 2—Terms and conditions of employment
Part 2-1—Core provisions for this Chapter
Division 1—Introduction
Division 2—Core provisions for this Chapter
Subdivision A—Terms and conditions of employment provided under this Act
Subdivision B—Terms and conditions of employment provided by 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
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
Division 3—Interaction between the National Employment Standards, modern awards and enterprise agreements
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
Part 2-2—The National Employment Standards
Division 1—Introduction
Division 2—The National Employment Standards
Division 3—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
Division 5—Parental leave and related entitlements
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.
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
77 Reducing period of unpaid parental leave
78 Employee who ceases to have responsibility for care of child
Subdivision C—Other entitlements
80 Unpaid special maternity leave
82 Employee on paid no safe job leave may be asked to provide a further medical certificate
Division 6—Annual leave
86 Division applies to employees other than casual employees
87 Entitlement to annual leave
89 Employee not taken to be on paid annual leave at certain times
92 Paid annual leave must not be cashed out except in accordance with permitted cashing out terms
94 Cashing out and taking paid annual leave for award/agreement free employees
Division 7—Personal/carer’s leave and compassionate leave
Subdivision A—Paid personal/carer’s leave
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
Subdivision B—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
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
Division 9—Long service leave
Division 10—Public holidays
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
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
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
Part 2-3—Modern awards
Division 1—Introduction
Division 2—Overarching provisions
Division 3—Terms of modern awards
Subdivision B—Terms that may be included in modern awards
Subdivision C—Terms that must be included in modern awards
143A Coverage terms of modern enterprise awards
143B Coverage terms of State reference public sector modern awards
145 Effect of individual flexibility arrangement that does not meet requirements of flexibility term
146 Terms about settling disputes
Subdivision D—Terms that must not be included in modern awards
151 Terms about payments and deductions for benefit of employer etc.
152 Terms about right of entry
153 Terms that are discriminatory
Division 4—4 yearly reviews of modern awards
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
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 Australian Human Rights Commission
Division 6—General provisions relating to modern award powers
163 Special criteria relating to changing coverage of modern awards
164 Special criteria for revoking modern awards
167 Special rules relating to retrospective variations of awards
Division 7—Additional provisions relating to 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
Division 2—Employers and employees may make enterprise agreements
Division 3—Bargaining and representation during bargaining
173 Notice of employee representational rights
174 Content of notice of employee representational rights
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
190 FWA may approve an enterprise agreement with undertakings
Subdivision C—Better off overall test
Subdivision E—Approval requirements relating to particular kinds of employees
197 Pieceworkers—enterprise agreement includes pieceworker term
198 Pieceworkers—enterprise agreement does not include a pieceworker term
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
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
214 When FWA may refuse to approve a variation of an enterprise agreement
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 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 FWA approval of a termination of an enterprise agreement
223 When FWA must approve a termination of an enterprise agreement
Subdivision D—Termination of enterprise agreements after nominal expiry date
225 Application for termination of an enterprise agreement after its nominal expiry date
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
Subdivision B—Serious breach declarations
Subdivision C—Majority support determinations and scope orders
Subdivision D—FWA may deal with a bargaining dispute on request
Division 9—Low-paid bargaining
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
Division 10—Single interest employer authorisations
Subdivision A—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
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
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
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
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. of workplace determinations
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
Part 2-6—Minimum wages
Division 1—Introduction
Division 2—Overarching provisions
Division 3—Annual wage reviews
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
289 Everyone to have a reasonable opportunity to make and comment on submissions
290 President may direct investigations and reports
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
Part 2-7—Equal remuneration
Division 1—Introduction
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
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
Division 3—Powers of FWA
Part 2-9—Other terms and conditions of employment
Division 1—Introduction
Division 2—Payment of wages
323 Method and frequency of payment
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
Chapter 3—Rights and responsibilities of employees, employers, organisations etc.
Part 3-1—General protections
Division 1—Introduction
Division 2—Application of this Part
Division 3—Workplace rights
Division 4—Industrial activities
Division 5—Other protections
352 Temporary absence—illness or injury
354 Coverage by particular instruments
Division 6—Sham arrangements
357 Misrepresenting employment as independent contracting arrangement
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
Division 8—Compliance
Subdivision A—Contraventions involving dismissal
365 Application for FWA to deal with a dispute
369 Certificate if dispute not resolved
Part 3-2—Unfair dismissal
Division 1—Introduction
Division 2—Protection from unfair dismissal
Division 3—What is an unfair dismissal
385 What is an unfair dismissal
387 Criteria for considering harshness etc.
Division 4—Remedies for unfair dismissal
Division 5—Procedural matters
Part 3-3—Industrial action
Division 1—Introduction
Division 2—Protected industrial action
Subdivision A—What is protected industrial action
Subdivision B—Common requirements for industrial action to be protected industrial action
Subdivision C—Significance of industrial action being protected industrial action
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.
Division 4—FWA orders stopping etc. industrial action
Division 5—Injunction against industrial action if pattern bargaining is being engaged in
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
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
Division 8—Protected action ballots
Subdivision B—Protected action ballot orders
437 Application for a protected action ballot order
438 Restriction on when application may be made
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
445 Notice of protected action ballot order
Subdivision C—Conduct of protected action ballot
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
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 F—Liability for costs of protected action ballot
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
Division 10—Other matters
Part 3-4—Right of entry
Division 1—Introduction
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
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
Subdivision B—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
Division 3—State or Territory OHS rights
494 Official must be permit holder to exercise State or Territory OHS right
496 Contravening entry permit conditions
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
Subdivision B—Taking action against permit holder
Subdivision C—Restricting rights of organisations and officials where misuse of rights
Subdivision D—When FWA must revoke or suspend entry permits
Subdivision E—General rules for suspending entry permits
Division 6—Entry permits, entry notices and certificates
Subdivision C—Exemption certificates
Part 3-5—Stand down
Division 1—Introduction
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
Part 3-6—Other rights and responsibilities
Division 1—Introduction
Division 2—Notification and consultation relating to certain dismissals
Subdivision A—Requirement to notify Centrelink
Subdivision B—Failure to notify or consult registered employee associations
Subdivision C—Limits on scope of this Division
Division 3—Employer obligations in relation to employee records and pay slips
Chapter 4—Compliance and enforcement
Part 4-1—Civil remedies
Division 1—Introduction
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
Division 3—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
Division 5—Unclaimed money
Part 4-2—Jurisdiction and powers of courts
Division 1—Introduction
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
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
Division 4—Miscellaneous
Chapter 5—Administration
Part 5-1—Fair Work Australia
Division 1—Introduction
Division 2—Establishment and functions of Fair Work Australia
Subdivision A—Establishment and functions of Fair Work Australia
575 Establishment of Fair Work Australia
577 Performance of functions etc. by FWA
578 Matters FWA must take into account in performing functions etc.
Subdivision B—Functions and powers of the President
581 Functions of the President
582 Directions by the President
Division 3—Conduct of matters before FWA
Subdivision A—Applications to FWA
585 Applications in accordance with procedural rules
Subdivision B—Conduct of matters before FWA
589 Procedural and interim decisions
590 Powers of FWA to inform itself
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 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
Subdivision E—Appeals, reviews and referring questions of law
605 Minister’s entitlement to apply for review of a decision
606 Staying decisions that are appealed or reviewed
Division 4—Organisation of FWA
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
620 Constitution and decision-making of the Minimum Wage Panel
621 Reconstitution of FWA when single FWA Member becomes unavailable
Subdivision C—Delegation of FWA’s functions and powers
Division 5—FWA Members
Subdivision A—Appointment of FWA Members
626 Appointment of FWA Members
627 Qualifications for 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
Division 6—Cooperation with the States
Division 7—Seals and additional powers and functions of the President and the General Manager
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
Division 8—General Manager, staff and consultants
Subdivision A—Functions of the General Manager
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
Subdivision C—Staff and consultants
Division 9—Offences relating to Fair Work Australia
Part 5-2—Office of the Fair Work Ombudsman
Division 1—Introduction
Division 2—Fair Work Ombudsman
Subdivision A—Establishment and functions and powers of the Fair Work Ombudsman
682 Functions of the Fair Work Ombudsman
683 Delegation by the Fair Work Ombudsman
684 Directions from the Minister
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
Division 3—Office of the Fair Work Ombudsman
Subdivision A—Establishment of the Office of the Fair Work Ombudsman
Subdivision B—Staff and consultants etc.
Subdivision C—Appointment of Fair Work Inspectors
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 [see Note 2]
713A Certain records and documents are inadmissible
714 Power to keep records or documents
715 Enforceable undertakings relating to contraventions of civil remedy provisions
Subdivision E—Disclosure of information by the Office of the Fair Work Ombudsman
Chapter 6—Miscellaneous
Part 6-1—Multiple actions
Division 1—Introduction
Division 2—Certain actions not permitted if alternative action can be taken
Division 3—Preventing multiple actions
Subdivision A—Equal remuneration applications
Subdivision B—Applications and complaints relating to dismissal
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
Subdivision C—General protections applications that do not relate to dismissal
Part 6-2—Dealing with disputes
Division 1—Introduction
Division 2—Dealing with disputes
Part 6-3—Extension of National Employment Standards entitlements
Division 1—Introduction
Division 2—Extension of entitlement to unpaid parental leave and related entitlements
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
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
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
Division 3—Extension of entitlement to notice of termination or payment in lieu of notice
759 Extending entitlement to notice of termination or payment in lieu of notice
760 Contravening the extended notice of termination provisions
Subdivision B—Modifications of the extended notice of termination provisions
Part 6-4—Additional provisions relating to termination of employment
Division 1—Introduction
Division 2—Termination of employment
772 Employment not to be terminated on certain grounds
773 Application for FWA to deal with a dispute
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
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
Subdivision B—Requirement to notify Centrelink
Subdivision C—Failure to notify or consult registered employee associations
Part 6-5—Miscellaneous
Division 1—Introduction
Division 2—Miscellaneous
793 Liability of bodies corporate
794 Signature on behalf of body corporate
795 Public sector employer to act through employing authority
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
