Fair Work Act 2009

No. 28, 2009

Compilation No. 51

Compilation date: 1 July 2023

Includes amendments up to: Act No. 43, 2023

Registered: 1 July 2023

This compilation is in 2 volumes

Volume 1: sections 1–536H

Volume 2: sections 537–800

 Schedules

 Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Fair Work Act 2009 that shows the text of the law as amended and in force on 1 July 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Chapter 1—Introduction

Part 1‑1—Introduction

Division 1—Preliminary

1 Short title

2 Commencement

Division 2—Object of this Act

3 Object of this Act

Division 3—Guide to this Act

4 Guide to this Act

5 Terms and conditions of employment (Chapter 2)

6 Rights and responsibilities of employees, employers, organisations etc. (Chapter 3)

7 Compliance and enforcement (Chapter 4)

8 Administration (Chapter 5)

9 Miscellaneous (Chapter 6)

9A Application, transitional and saving provisions for amendments (Schedules)

Part 1‑2—Definitions

Division 1—Introduction

10 Guide to this Part

11 Meanings of employee and employer

Division 2—The Dictionary

12 The Dictionary

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

13 Meaning of national system employee

14 Meaning of national system employer

14A Transitional matters relating to employers etc. becoming, or ceasing to be, national system employers etc.

15 Ordinary meanings of employee and employer

15A Meaning of casual employee

Division 4—Other definitions

16 Meaning of base rate of pay

17 Meaning of child of a person

17A Meaning of directly and indirectly (in relation to TCF work)

18 Meaning of full rate of pay

19 Meaning of industrial action

20 Meaning of ordinary hours of work for award/agreement free employees

21 Meaning of pieceworker

22 Meanings of service and continuous service

23 Meaning of small business employer

23A Terms relating to superannuation

23B Meaning of general building and construction work

Part 1‑3—Application of this Act

Division 1—Introduction

24 Guide to this Part

25 Meanings of employee and employer

Division 2—Interaction with State and Territory laws

26 Act excludes State or Territory industrial laws

27 State and Territory laws that are not excluded by section 26

28 Act excludes prescribed State and Territory laws

29 Interaction of modern awards and enterprise agreements with State and Territory laws

30 Act may exclude State and Territory laws etc. in other cases

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

30A Meaning of terms used in this Division

30B Meaning of referring State

30C Extended meaning of national system employee

30D Extended meaning of national system employer

30E Extended ordinary meanings of employee and employer

30F Extended meaning of outworker entity

30G General protections

30H Division only has effect if supported by reference

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

30K Meaning of terms used in this Division

30L Meaning of referring State

30M Extended meaning of national system employee

30N Extended meaning of national system employer

30P Extended ordinary meanings of employee and employer

30Q Extended meaning of outworker entity

30R General protections

30S Division only has effect if supported by reference

Division 3—Geographical application of this Act

31 Exclusion of persons etc. insufficiently connected with Australia

32 Regulations may modify application of this Act in certain parts of Australia

32A Rules may modify application of this Act in Norfolk Island

33 Extension of this Act to the exclusive economic zone and the continental shelf

34 Extension of this Act beyond the exclusive economic zone and the continental shelf

35 Meanings of Australian employer and Australian‑based employee

35A Regulations excluding application of Act

36 Geographical application of offences

Division 4—Miscellaneous

37 Act binds Crown

38 Act not to apply so as to exceed Commonwealth power

39 Acquisition of property

40 Interaction between fair work instruments and public sector employment laws

40A Application of the Acts Interpretation Act 1901

40B Effect of the Migration Act 1958

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

65A Responding to requests for flexible working arrangements

65B Disputes about the operation of this Division

65C Arbitration

66 State and Territory laws that are not excluded

Division 4A—Offers and requests for casual conversion

Subdivision A—Application of Division

66A Division applies to casual employees etc.

Subdivision B—Employer offers for casual conversion

66AA Subdivision does not apply to small business employers

66B Employer offers

66C When employer offers not required

66D Employee must give a response

66E Acceptances of offers

Subdivision C—Residual right to request casual conversion

66F Employee requests

66G Employer must give a response

66H Refusals of requests

66J Grants of requests

Subdivision D—Other provisions

66K Effect of conversion

66L Other rights and obligations

66M Disputes about the operation of this Division

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

72A Flexible unpaid parental 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

76A Responding to requests for extension of unpaid parental leave

76B Disputes about extension of period of unpaid parental leave

76C Arbitration

77 Reducing period of unpaid parental leave

77A Effect of stillbirth or death of child on unpaid parental leave

78 Employee who ceases to have responsibility for care of child

78A Hospitalised children

79 Interaction with paid leave

79A Keeping in touch days

79B Unpaid parental leave not extended by paid leave or keeping in touch days

Subdivision C—Other entitlements

80 Unpaid special parental leave

81 Transfer to a safe job

81A Paid no safe job leave

82 Employee on paid no safe job leave may be asked to provide a further medical certificate

82A Unpaid no safe job leave

83 Consultation with employee on unpaid parental leave

84 Return to work guarantee

84A Replacement employees

85 Unpaid pre‑adoption leave

Division 6—Annual leave

86 Division applies to employees other than casual employees

87 Entitlement to annual leave

88 Taking paid annual leave

89 Employee not taken to be on paid annual leave at certain times

90 Payment for annual leave

91 Transfer of employment situations that affect entitlement to payment for period of untaken paid annual leave

92 Paid annual leave must not be cashed out except in accordance with permitted cashing out terms

93 Modern awards and enterprise agreements may include terms relating to cashing out and taking paid annual leave

94 Cashing out and taking paid annual leave for award/agreement free employees

Division 7—Personal/carer’s leave, compassionate leave and paid family and domestic violence 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 at certain times

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 CA—Paid family and domestic violence leave

106A Entitlement to paid family and domestic violence leave

106B Taking paid family and domestic violence leave

106BA Payment for paid family and domestic violence leave

106C Confidentiality

106D Operation of paid family and domestic violence leave and leave for victims of crime

106E Entitlement to days of leave

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 Ombudsman to prepare and publish statements

124 Fair Work Ombudsman to prepare and publish Fair Work Information Statement

125 Giving new employees the Fair Work Information Statement

125A Fair Work Ombudsman to prepare and publish Casual Employment Information Statement

125B Giving new employees the Casual Employment Information Statement

Division 13—Miscellaneous

126 Modern awards and enterprise agreements may provide for school‑based apprentices and trainees to be paid loadings in lieu

127 Regulations about what modern awards and enterprise agreements can do

128 Relationship between National Employment Standards and agreements etc. permitted by this Part for award/agreement free employees

129 Regulations about what can be agreed to etc. in relation to award/agreement free employees

130 Restriction on taking or accruing leave or absence while receiving workers’ compensation

131 Relationship with other Commonwealth laws

Part 2‑3—Modern awards

Division 1—Introduction

132 Guide to this Part

133 Meanings of employee and employer

Division 2—Overarching provisions

134 The modern awards objective

135 Special provisions relating to modern award minimum wages

Division 3—Terms of modern awards

Subdivision A—Preliminary

136 What can be included in modern awards

137 Terms that contravene section 136 have no effect

138 Achieving the modern awards objective

Subdivision B—Terms that may be included in modern awards

139 Terms that may be included in modern awards—general

140 Outworker terms

141 Industry‑specific redundancy schemes

142 Incidental and machinery terms

Subdivision C—Terms that must be included in modern awards

143 Coverage terms of modern awards other than modern enterprise awards and State reference public sector modern awards

143A Coverage terms of modern enterprise awards

143B Coverage terms of State reference public sector modern awards

144 Flexibility terms

145 Effect of individual flexibility arrangement that does not meet requirements of flexibility term

145A Consultation about changes to rosters or hours of work

146 Terms about settling disputes

147 Ordinary hours of work

148 Base and full rates of pay for pieceworkers

149 Automatic variation of allowances

149B Term requiring avoidance of liability to pay superannuation guarantee charge

149C Default fund terms

149D Default fund term must provide for contributions to be made to certain funds

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

150 Objectionable terms

151 Terms about payments and deductions for benefit of employer etc.

152 Terms about right of entry

153 Terms that are discriminatory

154 Terms that contain State‑based differences

155 Terms dealing with long service leave

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

Subdivision A—4 yearly reviews of default fund terms

156A 4 yearly reviews of default fund terms

Subdivision B—The first stage of the 4 yearly review

156B Making the Default Superannuation List

156C Applications to list a standard MySuper product

156D Submissions on applications to list a standard MySuper product

156E Determining applications to list a standard MySuper product

156F First stage criteria

Subdivision C—Second stage of the 4 yearly review

156G Review of the default fund term of modern awards

156H Default fund term must specify certain superannuation funds

156J Variation to comply with section 149D

156K Transitional authorisation for certain superannuation funds

Subdivision D—The Schedule of Approved Employer MySuper Products

156L The Schedule of Approved Employer MySuper Products

156M FWC to invite applications to include employer MySuper products on schedule

156N Making applications to include employer MySuper products on schedule

156P FWC to determine applications

156Q The first stage test

156R Submissions about the first stage test

156S The second stage test

156T Submissions about the second stage test

Subdivision E—Publishing documents under this Division

156U Publishing documents under this Division

Division 5—Exercising modern award powers

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

157 FWC may vary etc. modern awards if necessary to achieve modern awards objective

158 Applications to vary, revoke or make modern award

Subdivision B—Other situations

159 Variation of modern award to update or omit name of employer, organisation or outworker entity

159A Variation of default fund term of modern award

160 Variation of modern award to remove ambiguity or uncertainty or correct error

161 Variation of modern award on referral by Australian Human Rights Commission

Division 6—General provisions relating to modern award powers

162 General

163 Special criteria relating to changing coverage of modern awards

164 Special criteria for revoking modern awards

165 When variation determinations come into operation, other than determinations setting, varying or revoking modern award minimum wages

166 When variation determinations setting, varying or revoking modern award minimum wages come into operation

167 Special rules relating to retrospective variations of awards

168 Varied modern award must be published

Division 7—Additional provisions relating to modern enterprise awards

168A Modern enterprise awards

168B The modern enterprise awards objective

168C Rules about making and revoking modern enterprise awards

168D Rules about changing coverage of modern enterprise awards

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

168E State reference public sector modern awards

168F The State reference public sector modern awards objective

168G Making State reference public sector modern awards on application

168H State reference public sector modern awards may contain State‑based differences

168J When State reference public sector modern awards come into operation

168K Rules about revoking State reference public sector modern awards

168L Rules about varying coverage of State reference public sector modern awards

Part 2‑4—Enterprise agreements

Division 1—Introduction

169 Guide to this Part

170 Meanings of employee and employer

171 Objects of this Part

Division 2—Employers and employees may make enterprise agreements

172 Making an enterprise agreement

172A Special measures to achieve equality

Division 3—Bargaining and representation during bargaining

173 Notice of employee representational rights

174 Content and form of notice of employee representational rights

176 Bargaining representatives for proposed enterprise agreements that are not greenfields agreements

177 Bargaining representatives for proposed enterprise agreements that are greenfields agreements

178 Appointment of bargaining representatives—other matters

178A Revocation of appointment of bargaining representatives etc.

178B Notified negotiation period for a proposed single‑enterprise agreement that is a greenfields agreement

Division 4—Approval of enterprise agreements

Subdivision A—Pre‑approval steps and applications for the FWC’s approval

179 Disclosure by organisations that are bargaining representatives

179A Disclosure by employers

180 Certain pre‑approval requirements

180A Agreement of bargaining representatives that are employee organisations

181 Employers may request employees to approve a proposed enterprise agreement

182 When an enterprise agreement is made

183 Entitlement of an employee organisation to have an enterprise agreement cover it

184 Multi‑enterprise agreement to be varied if not all employees approve the agreement

185 Bargaining representative must apply for the FWC’s approval of an enterprise agreement

185A Material that must accompany an application under subsection 182(4) for approval of a greenfields agreement

Subdivision B—Approval of enterprise agreements by the FWC

186 When the FWC must approve an enterprise agreement—general requirements

187 When the FWC must approve an enterprise agreement—additional requirements

188 Determining whether an enterprise agreement has been genuinely agreed to by employees

188A Disclosure documents

188B Statement of principles on genuine agreement

189 FWC may approve an enterprise agreement that does not pass better off overall test—public interest test

190 FWC may approve an enterprise agreement with undertakings

191 Effect of undertakings

191A FWC may approve an enterprise agreement with amendments

191B Effect of amendment specified by FWC

192 When the FWC may refuse to approve an enterprise agreement

Subdivision C—Better off overall test

193 Passing the better off overall test

193A Applying the better off overall test

Subdivision D—Unlawful terms

194 Meaning of unlawful term

195 Meaning of discriminatory term

195A Meaning of objectionable emergency management term

Subdivision E—Approval requirements relating to particular kinds of employees

196 Shiftworkers

197 Pieceworkers—enterprise agreement includes pieceworker term

198 Pieceworkers—enterprise agreement does not include a pieceworker term

199 School‑based apprentices and school‑based trainees

200 Outworkers

Subdivision F—Other matters

201 Approval decision to note certain matters

Division 5—Mandatory terms of enterprise agreements

202 Enterprise agreements to include a flexibility term etc.

203 Requirements to be met by a flexibility term

204 Effect of arrangement that does not meet requirements of flexibility term

205 Enterprise agreements to include a consultation term etc.

Division 6—Base rate of pay under enterprise agreements

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

Division 7—Variation and termination of enterprise agreements

Subdivision A—Variation of enterprise agreements by employers and employees: general circumstances

207 Variation of an enterprise agreement may be made by employers and employees

207A Agreement of employee organisations covered by the agreement

208 Employers may request employees to approve a proposed variation of an enterprise agreement

209 When a variation of an enterprise agreement is made

210 Application for the FWC’s approval of a variation of an enterprise agreement

211 When the FWC must approve a variation of an enterprise agreement

212 FWC may approve a variation of an enterprise agreement with undertakings

213 Effect of undertakings

213A FWC may approve variation with amendments

213B Effect of amendment specified by FWC

214 When the FWC may refuse to approve a variation of an enterprise agreement

215 Approval decision to note undertakings

215A Approval decision to note amendments

216 When variation comes into operation

Subdivision AA—Variation of supported bargaining agreement to add employer and employees (with consent)

216A Variation of supported bargaining agreement to add employer and employees

216AAA Terms of variation must be explained to employees

216AA Application for the FWC’s approval of a variation of a supported bargaining agreement to add employer and employees

216AB When the FWC must approve a variation of a supported bargaining agreement to add employer and employees

216AC Determining whether the FWC would have been required to make a supported bargaining authorisation

216AD Determining whether a variation of a supported bargaining agreement to add employer and employees has been genuinely agreed to by affected employees

216AE When the FWC may refuse to approve a variation of a supported bargaining agreement to add employer and employees

216AF When variation comes into operation

Subdivision AB—Variation of supported bargaining agreement to add employer and employees (without consent)

216B Application for the FWC to vary a supported bargaining agreement to add employer and employees

216BA When the FWC must make a variation of a supported bargaining agreement to add employer and employees

216BB When the FWC may refuse to make a variation of a supported bargaining agreement to add employer and employees

216BC When variation comes into operation

Subdivision AC—Variation of cooperative workplace agreement to add employer and employees

216C Variation of cooperative workplace agreement to add employer and employees

216CAA Terms of the variation must be explained to employees

216CA Application for the FWC’s approval of a variation of a cooperative workplace agreement to add employer and employees

216CB When the FWC must approve a variation of a cooperative workplace agreement to add employer and employees

216CC Determining whether a variation of a cooperative workplace agreement to add employer and employees has been genuinely agreed to by affected employees

216CD When the FWC may refuse to approve a variation of a cooperative workplace agreement

216CE When variation comes into operation

Subdivision AD—Variation of single interest employer agreement to add employer and employees

216D Variation of single interest employer agreement to add employer and employees—joint variation

216DAA Terms of variation must be explained to employees

216DA Application for the FWC’s approval of a variation of a single interest employer agreement to add employer and employees—joint variation

216DB Application for the FWC’s approval of a variation of a single interest employer agreement to add employer and employees—application by employee organisation

216DC When the FWC must approve a variation of a single interest employer agreement to add employer and employees

216DD Determining whether a variation of a single interest employer agreement to add employer and employees has been genuinely agreed to by affected employees

216DE When the FWC may refuse to approve a variation of a single interest employer agreement

216DF When variation comes into operation

Subdivision AE—Variation of multi‑enterprise agreement to remove employer and employees

216E Variation of multi‑enterprise agreement to remove employer and employees with consent

216EA Application for the FWC’s approval of variation

216EB When the FWC must approve variation of multi‑enterprise agreement to remove employer and employees

216EC When variation comes into operation

216ED Effect of variation

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

217 Variation of an enterprise agreement to remove an ambiguity or uncertainty

217A FWC may deal with certain disputes about variations

218 Variation of an enterprise agreement on referral by Australian Human Rights Commission

Subdivision BA—Variation of enterprise agreements to correct or amend errors, defects or irregularities

218A Variation of enterprise agreements to correct or amend errors, defects or irregularities

Subdivision C—Termination of enterprise agreements by employers and employees

219 Employers and employees may agree to terminate an enterprise agreement

220 Employers may request employees to approve a proposed termination of an enterprise agreement

221 When termination of an enterprise agreement is agreed to

222 Application for the FWC’s approval of a termination of an enterprise agreement

223 When the FWC must approve a termination of an enterprise agreement

224 When termination comes into operation

Subdivision D—Termination of enterprise agreements after nominal expiry date

225 Application for termination of an enterprise agreement after its nominal expiry date

226 Terminating an enterprise agreement after its nominal expiry date

226A Guarantee of termination entitlements

227 When termination comes into operation

Division 7A—Reconsideration of whether an enterprise agreement passes the better off overall test

227A Application for FWC to reconsider whether an enterprise agreement passes the better off overall test

227B Reconsideration of whether an enterprise agreement passes the better off overall test

227C Effect of undertakings

227D Effect of amendment

227E No creation of liability to pay pecuniary penalty for past conduct

Division 8—FWC’s general role in facilitating bargaining

Subdivision A—Bargaining orders

228 Bargaining representatives must meet the good faith bargaining requirements

229 Applications for bargaining orders

230 When the FWC may make a bargaining order

231 What a bargaining order must specify

232 Operation of a bargaining order

233 Contravening a bargaining order

Subdivision B—Intractable bargaining declarations

234 Applications for intractable bargaining declarations

235 When the FWC may make an intractable bargaining declaration

235A Post‑declaration negotiating period

Subdivision C—Majority support determinations and scope orders

236 Majority support determinations

237 When the FWC must make a majority support determination

238 Scope orders

239 Operation of a scope order

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

240 Application for the FWC to deal with a bargaining dispute

Subdivision E—Voting request orders

240A Application to FWC for voting request order

240B FWC must make voting request order

Division 9—Supported bargaining

241 Objects of this Division

242 Supported bargaining authorisations

243 When the FWC must make a supported bargaining authorisation

243A Restrictions on making supported bargaining authorisations

244 Variation of supported bargaining authorisations—general

245 Variation of supported bargaining authorisations—enterprise agreement etc. comes into operation

246 FWC’s assistance

Division 10—Single interest employer authorisations

248 Single interest employer authorisations

249 When the FWC must make a single interest employer authorisation

249A Restriction on making single interest employer authorisations

250 What a single interest employer authorisation must specify

251 Variation of single interest employer authorisations

251A Restriction on variation of single interest employer authorisation

252 Variation to extend period single interest employer authorisation is in operation

Division 11—Other matters

253 Terms of an enterprise agreement that are of no effect

254 Applications by bargaining representatives

254A Entitlement for volunteer bodies to make submissions

255 Part does not empower the FWC to make certain orders

255A Limitations relating to greenfields agreements

256 Prospective employers and employees

256A How employees, employers and employee organisations are to be described

257 Enterprise agreements may incorporate material in force from time to time etc.

Part 2‑5—Workplace determinations

Division 1—Introduction

258 Guide to this Part

259 Meanings of employee and employer

Division 3—Industrial action related workplace determinations

266 When the FWC must make an industrial action related workplace determination

267 Terms etc. of an industrial action related workplace determination

268 No other terms

Division 4—Intractable bargaining workplace determinations

269 When the FWC must make an intractable bargaining workplace determination

270 Terms etc. of an intractable bargaining 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 the FWC 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

280 Contravening a workplace determination

281 Applications by bargaining representatives

281AA Entitlement for volunteer bodies to make submissions

281A How employees, employers and employee organisations are to be described

Part 2‑6—Minimum wages

Division 1—Introduction

282 Guide to this Part

283 Meanings of employee and employer

Division 2—Overarching provisions

284 The minimum wages objective

Division 3—Annual wage reviews

Subdivision A—Main provisions

285 Annual wage reviews to be conducted

286 When annual wage review determinations varying modern awards come into operation

287 When national minimum wage orders come into operation etc.

Subdivision B—Provisions about conduct of annual wage reviews

288 General

289 Everyone to have a reasonable opportunity to make and comment on submissions

290 President may direct investigations and reports

291 Research must be published

292 Varied wage rates must be published

Division 4—National minimum wage orders

293 Contravening a national minimum wage order

294 Content of national minimum wage order—main provisions

295 Content of national minimum wage order—other matters

296 Variation of national minimum wage order to remove ambiguity or uncertainty or correct error

297 When determinations varying national minimum wage orders come into operation

298 Special rule about retrospective variations of national minimum wage orders

299 When a national minimum wage order is in operation

Part 2‑7—Equal remuneration

Division 1—Introduction

300 Guide to this Part

301 Meanings of employee and employer

Division 2—Equal remuneration orders

302 FWC may make an order requiring equal remuneration

303 Equal remuneration order may increase, but must not reduce, rates of remuneration

304 Equal remuneration order may implement equal remuneration in stages

305 Contravening an equal remuneration order

306 Inconsistency with modern awards, enterprise agreements and orders of the FWC

Part 2‑8—Transfer of business

Division 1—Introduction

307 Guide to this Part

308 Meanings of employee and employer

309 Object of this Part

Division 2—Transfer of instruments

310 Application of this Division

311 When does a transfer of business occur

312 Instruments that may transfer

313 Transferring employees and new employer covered by transferable instrument

314 New non‑transferring employees of new employer may be covered by transferable instrument

315 Organisations covered by transferable instrument

316 Transferring employees who are high income employees

Division 3—Powers of the FWC

317 FWC may make orders in relation to a transfer of business

318 Orders relating to instruments covering new employer and transferring employees

319 Orders relating to instruments covering new employer and non‑transferring employees

320 Variation of transferable instruments

Part 2‑9—Other terms and conditions of employment

Division 1—Introduction

321 Guide to this Part

322 Meanings of employee and employer

Division 2—Payment of wages etc.

323 Method and frequency of payment

324 Permitted deductions

325 Unreasonable requirements to spend or pay amount

326 Certain terms have no effect

327 Things given or provided, and amounts required to be spent or paid, in contravention of this Division

Division 3—Guarantee of annual earnings

328 Employer obligations in relation to guarantee of annual earnings

329 High income employee

330 Guarantee of annual earnings and annual rate of guarantee

331 Guaranteed period

332 Earnings

333 High income threshold

333A Prospective employees

Division 4—Prohibiting pay secrecy

333B Employees not subject to pay secrecy

333C Pay secrecy terms to have no effect

333D Prohibition on pay secrecy terms

Chapter 3—Rights and responsibilities of employees, employers, organisations etc.

Part 3‑1—General protections

Division 1—Introduction

334 Guide to this Part

335 Meanings of employee and employer

336 Objects of this Part

Division 2—Application of this Part

337 Application of this Part

338 Action to which this Part applies

339 Additional effect of this Part

Division 3—Workplace rights

340 Protection

341 Meaning of workplace right

342 Meaning of adverse action

343 Coercion

344 Undue influence or pressure

345 Misrepresentations

Division 4—Industrial activities

346 Protection

347 Meaning of engages in industrial activity

348 Coercion

349 Misrepresentations

350 Inducements—membership action

Division 5—Other protections

351 Discrimination

352 Temporary absence—illness or injury

353 Bargaining services fees

354 Coverage by particular instruments

355 Coercion—allocation of duties etc. to particular person

356 Objectionable terms

Division 6—Sham arrangements

357 Misrepresenting employment as independent contracting arrangement

358 Dismissing to engage as independent contractor

359 Misrepresentation to engage as independent contractor

Division 7—Ancillary rules

360 Multiple reasons for action

361 Reason for action to be presumed unless proved otherwise

362 Advising, encouraging, inciting or coercing action

363 Actions of industrial associations

364 Unincorporated industrial associations

Division 8—Compliance

Subdivision A—Contraventions involving dismissal

365 Application for the FWC to deal with a dismissal dispute

366 Time for application

367 Application fees

368 Dealing with a dismissal dispute (other than by arbitration)

369 Dealing with a dismissal dispute by arbitration

370 Taking a dismissal dispute to court

Subdivision B—Other contraventions

372 Application for the FWC to deal with a non‑dismissal dispute

373 Application fees

374 Conferences

375 Advice on general protections court application

Subdivision C—Appeals and costs orders

375A Appeal rights

375B Costs orders against parties

376 Costs orders against lawyers and paid agents

377 Applications for costs orders

377A Schedule of costs

378 Contravening costs orders

Part 3‑2—Unfair dismissal

Division 1—Introduction

379 Guide to this Part

380 Meanings of employee and employer

381 Object of this Part

Division 2—Protection from unfair dismissal

382 When a person is protected from unfair dismissal

383 Meaning of minimum employment period

384 Period of employment

Division 3—What is an unfair dismissal

385 What is an unfair dismissal

386 Meaning of dismissed

387 Criteria for considering harshness etc.

388 The Small Business Fair Dismissal Code

389 Meaning of genuine redundancy

Division 4—Remedies for unfair dismissal

390 When the FWC may order remedy for unfair dismissal

391 Remedy—reinstatement etc.

392 Remedy—compensation

393 Monetary orders may be in instalments

Division 5—Procedural matters

394 Application for unfair dismissal remedy

395 Application fees

396 Initial matters to be considered before merits

397 Matters involving contested facts

398 Conferences

399 Hearings

399A Dismissing applications

400 Appeal rights

400A Costs orders against parties

401 Costs orders against lawyers and paid agents

402 Applications for costs orders

403 Schedule of costs

404 Security for costs

405 Contravening orders under this Part

Part 3‑3—Industrial action

Division 1—Introduction

406 Guide to this Part

407 Meanings of employee and employer

Division 2—Protected industrial action

Subdivision A—What is protected industrial action

408 Protected industrial action

409 Employee claim action

410 Employee response action

411 Employer response action

412 Pattern bargaining

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

413 Common requirements that apply for industrial action to be protected industrial action

414 Notice requirements for industrial action

Subdivision C—Significance of industrial action being protected industrial action

415 Immunity provision

416 Employer response action—employer may refuse to make payments to employees

416A Employer response action does not affect continuity of employment

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

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

Division 4—FWC orders stopping etc. industrial action

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

419 FWC must order that industrial action by non‑national system employees or non‑national system employers stop etc.

420 Interim orders etc.

421 Contravening an order etc.

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

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

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

423 FWC may suspend or terminate protected industrial action—significant economic harm etc.

424 FWC must suspend or terminate protected industrial action—endangering life etc.

425 FWC must suspend protected industrial action—cooling off

426 FWC must suspend protected industrial action—significant harm to a third party

427 FWC must specify the period of suspension

428 Extension of a period of suspension

429 Employee claim action without a further protected action ballot after a period of suspension etc.

430 Notice of employee claim action engaged in after a period of suspension etc.

Division 7—Ministerial declarations

431 Ministerial declaration terminating industrial action

432 Informing people of declaration

433 Ministerial directions to remove or reduce threat

434 Contravening a Ministerial direction

Division 8—Protected action ballots

Subdivision A—Introduction

435 Guide to this Division

436 Object of this Division

Subdivision B—Protected action ballot orders

437 Application for a protected action ballot order

437A Application for a protected action ballot order—multi‑enterprise agreements

438 Restriction on when application may be made

439 Joint applications

440 Notice of application

441 Application to be determined within 2 days after it is made

442 Dealing with multiple applications together

443 When the FWC must make a protected action ballot order

444 Ballot agent 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 BA—FWC must conduct conferences

448A FWC must conduct conferences

Subdivision C—Conduct of protected action ballot

449 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

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

468A Eligible protected action ballot agents

469 Regulations

Division 9—Payments relating to periods of industrial action

Subdivision A—Protected industrial action

470 Payments not to be made relating to certain periods of industrial action

471 Payments relating to partial work bans

472 Orders by the FWC relating to certain partial work bans

473 Accepting or seeking payments relating to periods of industrial action

Subdivision B—Industrial action that is not protected industrial action

474 Payments not to be made relating to certain periods of industrial action

475 Accepting or seeking payments relating to periods of industrial action

Subdivision C—Miscellaneous

476 Other responses to industrial action unaffected

Division 10—Other matters

477 Applications by bargaining representatives

Part 3‑4—Right of entry

Division 1—Introduction

478 Guide to this Part

479 Meanings of employee and employer

480 Object of this Part

Division 2—Entry rights under this Act

Subdivision A—Entry to investigate suspected contravention

481 Entry to investigate suspected contravention

482 Rights that may be exercised while on premises

483 Later access to record or document

483AA Application to the FWC for access to non‑member records

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

483A Entry to investigate suspected contravention relating to TCF award workers

483B Rights that may be exercised while on premises

483C Later access to record or document

483D Entry onto other premises to access records and documents

483E Later access to record or document—other premises

Subdivision B—Entry to hold discussions

484 Entry to hold discussions

Subdivision C—Requirements for permit holders

486 Permit holder must not contravene this Subdivision

487 Giving entry notice or exemption certificate

488 Contravening entry permit conditions

489 Producing authority documents

490 When right may be exercised

491 Occupational health and safety requirements

492 Location of interviews and discussions

492A Route to location of interview and discussions

493 Residential premises

Division 3—State or Territory OHS rights

494 Official must be permit holder to exercise State or Territory OHS right

495 Giving notice of entry

496 Contravening entry permit conditions

497 Producing entry permit

498 When right may be exercised

499 Occupational health and safety requirements

Division 4—Prohibitions

500 Permit holder must not hinder or obstruct

501 Person must not refuse or delay entry

502 Person must not hinder or obstruct permit holder

503 Misrepresentations about things authorised by this Part

504 Unauthorised use or disclosure of information or documents

Division 5—Powers of the FWC

Subdivision A—Dealing with disputes

505 FWC may deal with a dispute about the operation of this Part

505A FWC may deal with a dispute about frequency of entry to hold discussions

506 Contravening order made to deal with dispute

Subdivision B—Taking action against permit holder

507 FWC may take action against permit holder

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

508 FWC may restrict rights if organisation or official has misused rights

509 Contravening order made for misuse of rights

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

510 When the FWC must revoke or suspend entry permits

Subdivision E—General rules for suspending entry permits

511 General rules for suspending entry permits

Division 6—Entry permits, entry notices and certificates

Subdivision A—Entry permits

512 FWC may issue entry permits

513 Considering application

514 When the FWC must not issue permit

515 Conditions on entry permit

516 Expiry of entry permit

517 Return of entry permits to the FWC

Subdivision B—Entry notices

518 Entry notice requirements

Subdivision C—Exemption certificates

519 Exemption certificates

Subdivision D—Affected member certificates

520 Affected member certificates

Subdivision E—Miscellaneous

521 Regulations dealing with instruments under this Part

Division 7—Accommodation and transport arrangements in remote areas

521A Meaning of accommodation arrangement

521B Meaning of transport arrangement

521C Accommodation arrangements for remote areas

521D Transport arrangements for remote areas

Part 3‑5—Stand down

Division 1—Introduction

522 Guide to this Part

523 Meanings of employee and employer

Division 2—Circumstances allowing stand down

524 Employer may stand down employees in certain circumstances

525 Employee not stood down during a period of authorised leave or absence

Division 3—Dealing with disputes

526 FWC may deal with a dispute about the operation of this Part

527 Contravening an FWC order dealing with a dispute about the operation of this Part

Part 3‑5A—Prohibiting sexual harassment in connection with work

Division 1—Introduction

527A Guide to this Part

527B Meaning of employee and employer

527C Object of this Part

527CA Concurrent operation of State and Territory laws

Division 2—Prohibiting sexual harassment in connection with work

527D Prohibiting sexual harassment in connection with work

527E Vicarious liability etc.

Division 3—Dealing with sexual harassment disputes

Subdivision A—Applying for the FWC to deal with sexual harassment disputes

527F Application for the FWC to deal with a sexual harassment dispute

527G Time for application

527H Application fees

Subdivision B—Stop sexual harassment orders

527J Stop sexual harassment orders

527K Contravening a stop sexual harassment order

527L Actions under work health and safety laws permitted

527M This Subdivision is not to prejudice Australia’s defence, national security etc.

527N Declarations by the Chief of the Defence Force

527P Declarations by the Director‑General of Security

527Q Declarations by the Director‑General of ASIS

Subdivision C—Dealing with sexual harassment disputes in other ways

527R Dealing with a sexual harassment dispute (other than by arbitration)

527S Dealing with a sexual harassment dispute by arbitration

527T Limitation on taking a sexual harassment dispute to court

Part 3‑6—Other rights and responsibilities

Division 1—Introduction

528 Guide to this Part

529 Meanings of employee and employer

Division 2—Notification and consultation relating to certain dismissals

Subdivision A—Requirement to notify Centrelink

530 Employer to notify Centrelink of certain proposed dismissals

Subdivision B—Failure to notify or consult registered employee associations

531 FWC may make orders where failure to notify or consult registered employee associations about dismissals

532 Orders that the FWC may make

533 Application for an FWC order

Subdivision C—Limits on scope of this Division

534 Limits on scope of this Division

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

535 Employer obligations in relation to employee records

536 Employer obligations in relation to pay slips

Division 4—Employer obligations in relation to advertising rates of pay

536AA Employer obligations in relation to advertising rates of pay

Part 3‑7—Corrupting benefits

Division 1—Introduction

536A Guide to this Part

536B Meanings of employee and employer

536C Concurrent operation of State and Territory laws

536CA Dishonesty

Division 2—Giving, receiving or soliciting corrupting benefits

536D Giving, receiving or soliciting a corrupting benefit

536E Meaning of registered organisations officer or employee

Division 3—Cash or in kind payments to employee organisations etc.

536F Giving a cash or in kind payment

536G Receiving or soliciting a cash or in kind payment

536H Implied freedom of political communication

An Act relating to workplace relations, and for related purposes

Chapter 1—Introduction

Part 1‑1—Introduction

Division 1—Preliminary

1  Short title

  This Act may be cited as the Fair Work Act 2009.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

Division 2—Object of this Act

3  Object of this Act

  The object of this Act is to provide a balanced framework for cooperative and productive workplace relations that promotes national economic prosperity and social inclusion for all Australians by:

 (a) providing workplace relations laws that are fair to working Australians, promote job security and gender equality, are flexible for businesses, promote productivity and economic growth for Australia’s future economic prosperity and take into account Australia’s international labour obligations; and

 (b) ensuring a guaranteed safety net of fair, relevant and enforceable minimum terms and conditions through the National Employment Standards, modern awards and national minimum wage orders; and

 (c) ensuring that the guaranteed safety net of fair, relevant and enforceable minimum wages and conditions can no longer be undermined by the making of statutory individual employment agreements of any kind given that such agreements can never be part of a fair workplace relations system; and

 (d) assisting employees to balance their work and family responsibilities by providing for flexible working arrangements; and

 (e) enabling fairness and representation at work and the prevention of discrimination by recognising the right to freedom of association and the right to be represented, protecting against unfair treatment and discrimination, providing accessible and effective procedures to resolve grievances and disputes and providing effective compliance mechanisms; and

 (f) achieving productivity and fairness through an emphasis on enterprise‑level collective bargaining underpinned by simple good faith bargaining obligations and clear rules governing industrial action; and

 (g) acknowledging the special circumstances of small and medium‑sized businesses.

Division 3—Guide to this Act

4  Guide to this Act

Overview of this Act

 (1) This Act is about workplace relations. It:

 (a) provides for terms and conditions of employment (Chapter 2); and

 (b) sets out rights and responsibilities of employees, employers and organisations in relation to that employment (Chapter 3); and

 (c) provides for compliance with, and enforcement of, this Act (Chapter 4); and

 (d) provides for the administration of this Act by establishing the Fair Work Commission and the Office of the Fair Work Ombudsman (Chapter 5); and

 (e) deals with other matters relating to the above (Chapter 6).

Overview of the rest of this Chapter

 (2) The rest of this Chapter deals with:

 (a) definitions that are used in this Act (Part 1‑2); and

 (b) the application of this Act (Part 1‑3), including how this Act interacts with certain State and Territory laws and its geographical application.

Definitions

 (3) Many of the terms in this Act are defined. The Dictionary in section 12 contains a list of every term that is defined in this Act.

Application, saving and transitional provisions for amendments

 (4) Schedule 1 contains application, saving and transitional provisions relating to amendments of this Act.

5  Terms and conditions of employment (Chapter 2)

 (1) Chapter 2 provides for terms and conditions of employment of national system employees.

 (2) Part 2‑1 has the core provisions for the Chapter. It deals with compliance with, and interaction between, the sources of the main terms and conditions provided under this Act—the National Employment Standards, modern awards and enterprise agreements.

Note: Workplace determinations are another source of main terms and conditions. In most cases, this Act applies to a workplace determination as if it were an enterprise agreement in operation (see section 279).

Main terms and conditions

 (3) Part 2‑2 contains the National Employment Standards, which are minimum terms and conditions that apply to all national system employees.

 (4) Part 2‑3 is about modern awards. A modern award is made for a particular industry or occupation and provides additional minimum terms and conditions for those national system employees to whom it applies. A modern award can have terms that are ancillary or supplementary to the National Employment Standards.

 (5) Part 2‑4 is about enterprise agreements. An enterprise agreement is made at the enterprise level and provides terms and conditions for those national system employees to whom it applies. An enterprise agreement can have terms that are ancillary or supplementary to the National Employment Standards.

 (6) Part 2‑5 is about workplace determinations. A workplace determination provides terms and conditions for those national system employees to whom it applies. A workplace determination is made by the FWC if certain conditions are met.

 (7) Part 2‑8 provides for the transfer of certain modern awards, enterprise agreements, workplace determinations and other instruments if there is a transfer of business from one national system employer to another national system employer.

Other terms and conditions

 (8) In addition, other terms and conditions of employment for national system employees include those:

 (a) provided by a national minimum wage order (see Part 2‑6) or an equal remuneration order (see Part 2‑7); and

 (b) provided by Part 2‑9 (which deals with the frequency and method of making payments to employees, deductions from payments and high‑income employees).

6  Rights and responsibilities of employees, employers, organisations etc. (Chapter 3)

 (1) Chapter 3 sets out rights and responsibilities of national system employees, national system employers, organisations and others (such as independent contractors and industrial associations).

 (2) Part 3‑1 provides general workplace protections. It:

 (a) protects workplace rights; and

 (b) protects freedom of association and involvement in lawful industrial activities; and

 (c) provides other protections, including protection from discrimination.

 (3) Part 3‑2 deals with unfair dismissal of national system employees, and the granting of remedies when that happens.

 (4) Part 3‑3 deals mainly with industrial action by national system employees and national system employers and sets out when industrial action is protected industrial action. No action lies under any law in force in a State or Territory in relation to protected industrial action except in certain circumstances.

 (5) Part 3‑4 is about the rights of officials of organisations who hold entry permits to enter premises for purposes related to their representative role under this Act and under State or Territory OHS laws. In exercising those rights, permit holders must comply with the requirements set out in the Part.

 (6) Part 3‑5 allows a national system employer to stand down a national system employee without pay in certain circumstances.

 (6A) Part 3‑5A prohibits sexual harassment of workers, persons seeking to become workers and persons conducting businesses or undertakings, and provides for the granting of remedies when that happens.

 (7) Part 3‑6 deals with other rights and responsibilities of national system employers in relation to:

 (a) termination of employment; and

 (b) keeping records and giving payslips; and

 (c) advertising rates of pay.

 (8) Part 3‑7 deals with offences in relation to corrupting benefits.

7  Compliance and enforcement (Chapter 4)

 (1) Chapter 4 provides for compliance with, and enforcement of, this Act.

 (2) Part 4‑1 is about civil remedies. Certain provisions in this Act impose obligations on certain persons. Civil remedies may be sought in relation to contraventions of these civil remedy provisions. Part 4‑1:

 (a) deals with applications for orders for contraventions of civil remedy provisions; and

 (b) sets out the orders the courts can make in relation to a contravention of a civil remedy provision.

 (3) Part 4‑2 is about the jurisdiction and powers of the courts in relation to matters arising under this Act.

8  Administration (Chapter 5)

 (1) Chapter 5 provides for the administration of this Act by establishing the Fair Work Commission and the Office of the Fair Work Ombudsman.

 (2) Part 5‑1 is about the Fair Work Commission. It:

 (a) establishes and confers functions on the FWC; and

 (b) sets out how matters before the FWC are to be conducted (for example, how the FWC is to deal with applications made to it).

 (3) Part 5‑2 is about the Office of the Fair Work Ombudsman. It:

 (a) establishes and confers functions on the Fair Work Ombudsman; and

 (b) confers functions and powers on Fair Work Inspectors.

9  Miscellaneous (Chapter 6)

 (1) Chapter 6 is a collection of miscellaneous matters that relate to the other Chapters.

 (2) Part 6‑1 provides rules relating to applications for remedies under this Act. It prevents certain applications if other remedies are available and prevents multiple applications or complaints in relation to the same conduct.

 (3) Part 6‑2 is about dealing with disputes between national system employees and their employers under modern awards, enterprise agreements and contracts of employment.

 (4) Part 6‑3 extends the National Employment Standards relating to unpaid parental leave and notice of termination to non‑national system employees.

 (4A) Part 6‑3A provides for the transfer of terms and conditions of employment that are provided for in particular State industrial instruments if there is a transfer of business from a non‑national system employer that is a State public sector employer of the State to a national system employer.

 (5) Part 6‑4 contains provisions to give effect, or further effect, to certain international agreements relating to termination of employment.

 (5A) Part 6‑4A contains special provisions about TCF outworkers.

 (5B) Part 6‑4B allows a worker who has been bullied at work to apply to the FWC for an order to stop the bullying.

 (6) Part 6‑5 deals with miscellaneous matters such as delegations and regulations.

9A  Application, transitional and saving provisions for amendments (Schedules)

  The Schedules contain application, transitional and saving provisions relating to amendments of this Act.

Note: Application, transitional and saving provisions relating to the enactment of this Act, and States becoming referring States, are in the Transitional Act.

Part 1‑2—Definitions

Division 1—Introduction

10  Guide to this Part

11  Meanings of employee and employer

  In this Part, employee and employer have their ordinary meanings.

Note: See also Division 2 of Part 6‑4A (TCF contract outworkers taken to be employees in certain circumstances).

Division 2—The Dictionary

12  The Dictionary

  In this Act:

AAT presidential member means a person who is a presidential member of the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975.

accommodation arrangement: see subsections 521A(1) and (2).

action includes an omission.

adoption‑related leave: see subsection 67(5).

adverse action: see section 342.

affected employees:

 (a) for a variation of an enterprise agreement under Subdivision A of Division 7 of Part 2‑4: see subsection 207(2); and

 (b) for a variation of an enterprise agreement under Subdivision AA, AB or AC of Division 7 of Part 2‑4 to add an employer to a supported bargaining agreement or a cooperative workplace agreement: means an employee employed by the employer at the time the variation is made who will be covered by the agreement if the variation is approved (or made) by the FWC; and

 (c) for a variation of an enterprise agreement under Subdivision AD of Division 7 of Part 2‑4 (variation of single interest employer agreement to add employer and employees): see paragraphs 216D(1)(b) and 216DB(1)(b); and

 (d) for a variation of an enterprise agreement under Subdivision AE of Division 7 of Part 2‑4 (variation of multi‑enterprise agreement to remove employer and employees): see paragraph 216E(1)(b).

affected employer:

 (a) in relation to an entry under Subdivision A of Division 2 of Part 3‑4: see subsection 482(2); and

 (aa) in relation to an entry under section 483A other than a designated outworker terms entry: see paragraph 483B(3)(a); and

 (ab) in relation to a designated outworker terms entry under section 483A: see paragraph 483B(3)(b); and

 (b) in relation to an entry in accordance with Division 3 of Part 3‑4: see paragraph 495(2)(a); and

 (c) in relation to a State or Territory OHS right to inspect or otherwise access an employee record: see paragraph 495(2)(b).

affected member certificate: see subsection 520(1).

Age Discrimination Commissioner means the Age Discrimination Commissioner appointed under the Age Discrimination Act 2004.

aggrieved person in relation to an alleged contravention of Division 2 of Part 3‑5A (prohibiting sexual harassment in connection with work): see subsection 527F(1).

agreed terms for a workplace determination: see section 274.

agreed to in relation to a termination of an enterprise agreement: see section 221.

annual rate of an employee’s guaranteed annual earnings: see subsection 330(3).

annual wage review: see subsection 285(1).

anti‑discrimination law: see subsection 351(3).

apparent indirectly responsible entity: see subsection 789CC(2).

applicable agreement‑derived long service leave terms: see subsection 113(5).

applicable award‑derived long service leave terms: see subsection 113(3).

applicable time: see subsection 23B(2).

application or complaint under another law: see subsection 732(2).

applies:

 (a) in relation to a modern award: see section 47; and

 (b) in relation to an enterprise agreement: see section 52; and

 (c) in relation to a copied State instrument: see section 768AM.

applies to employment generally: see subsection 26(4).

appointment of a bargaining representative means an appointment of a bargaining representative under paragraph 176(1)(c) or (d) or 177(c).

appropriate safe job: see subsection 81(3).

approved by the FWC, in relation to an enterprise agreement, means approved by the FWC under section 186 or 189.

associated entity has the meaning given by section 50AAA of the Corporations Act 2001.

Australia means the Commonwealth of Australia and, when used in a geographical sense, includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory.

Australian‑based employee: see subsections 35(2) and (3).

Australian employer: see subsection 35(1).

Australian ship means a ship that has Australian nationality under section 29 of the Shipping Registration Act 1981.

authority documents: see subsection 489(3).

available parental leave period: see subsection 75(2).

award/agreement free employee means a national system employee to whom neither a modern award nor an enterprise agreement applies.

award covered employee for an enterprise agreement: see subsection 193(4).

award modernisation process means:

 (a) the process of making modern awards under Part 10A of the Workplace Relations Act 1996, as continued by Part 2 of Schedule 5 of the Transitional Act; and

 (b) the enterprise instrument modernisation process provided for by Part 2 of Schedule 6 of the Transitional Act; and

 (c) the State reference public sector transitional award modernisation process provided for by Part 2 of Schedule 6A of the Transitional Act.

ballot paper: see subsection 455(2).

bargaining order: see subsection 229(1).

bargaining representative for a proposed enterprise agreement: see sections 176 and 177.

bargaining services: see subsection 353(3).

bargaining services fee: see subsection 353(2).

base rate of pay: see section 16.

birth‑related leave: see subsection 67(4).

breastfeeding:

 (a) includes the act of expressing milk; and

 (b) includes:

 (i) an act of breastfeeding; and

 (ii) breastfeeding over a period of time.

bullied at work: see subsection 789FD(1).

cash or in kind payment: see subsection 536F(4).

casual employee: see section 15A.

child of a person: see subsection 17(1).

civil remedy provision: see subsections 539(1) and (3).

close relative: see subsection 106B(3).

Commissioner means a Commissioner of the FWC.

common requirements in relation to industrial action: see section 413.

Commonwealth means the Commonwealth of Australia and, when used in a geographical sense, includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory.

Commonwealth authority means:

 (a) a body corporate established for a public purpose by or under a law of the Commonwealth; or

 (b) a body corporate:

 (i) incorporated under a law of the Commonwealth or a State or a Territory; and

 (ii) in which the Commonwealth has a controlling interest.

Commonwealth Ombudsman means the person for the time being holding office as Ombudsman under the Ombudsman Act 1976.

Commonwealth outworker entity means an entity that is an outworker entity otherwise than because of section 30F or 30Q.

Note: Sections 30F and 30Q extend the meaning of outworker entity in relation to a referring State.

Commonwealth place means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.

compassionate leave means compassionate leave to which a national system employee is entitled under section 104.

complaint about an FWC Member means a complaint referred to in paragraph 581A(1)(a) or section 641A.

complaint handler means:

 (a) the President; or

 (b) a person who is authorised by the President under subsection 581A(3); or

 (c) a person who is a member of a body that is authorised by the President under subsection 581A(3).

compliance powers: see section 703.

compliance purposes: see subsection 706(1).

conduct includes an omission.

conduct of a protected action ballot: see subsection 458(5).

connected with a Territory: an arrangement for work to be performed for a person (either directly or indirectly) is connected with a Territory if one or more of the following apply:

 (a) at the time the arrangement is made, one or more parties to the arrangement is in a Territory in Australia;

 (b) the work is to be performed in such a Territory;

 (c) the person carries on an activity (whether of a commercial, governmental or other nature) in such a Territory, and the work is reasonably likely to be performed in that Territory;

 (d) the person carries on an activity (whether of a commercial, governmental or other nature) in such a Territory, and the work is to be performed in connection with that activity.

Note: In this context, Australia includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands (see the definition of Australia).

consistent with the Small Business Fair Dismissal Code: see subsection 388(2).

consolidation order:

 (a) in relation to a transferring employee—see subsection 768BD(1); and

 (b) in relation to a non‑transferring employee—see subsection 768BG(1).

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

constitutionally‑covered business: see subsection 789FD(3).

constitutionally‑covered entity: see subsection 338(2).

constitutional trade or commerce means trade or commerce:

 (a) between Australia and a place outside Australia; or

 (b) among the States; or

 (c) between a State and a Territory; or

 (d) between 2 Territories; or

 (e) within a Territory.

continental shelf means:

 (a) the continental shelf (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories); and

 (b) the Greater Sunrise special regime area (as defined in the Seas and Submerged Lands Act 1973).

continuous service has a meaning affected by section 22.

cooperative workplace agreement: a multi‑enterprise agreement is a cooperative workplace agreement if there was no supported bargaining authorisation or single interest employer authorisation in operation in relation to the agreement immediately before the agreement was made.

copied State award: see subsection 768AI(1).

copied State collective employment agreement: see subsection 768AK(4).

copied State employment agreement: see subsection 768AK(1).

copied State individual employment agreement: see subsection 768AK(5).

copied State instrument: see section 768AH.

corporate MySuper product: see subsection 23A(3).

coverage terms:

 (a) in relation to a modern award (other than a modern enterprise award): see section 143; and

 (b) in relation to a modern enterprise award: see section 143A; and

 (c) in relation to a State reference public sector modern award: see section 143B.

covers:

 (a) in relation to a modern award: see section 48; and

 (b) in relation to an enterprise agreement: see section 53; and

 (c) in relation to a workplace determination: see section 277; and

 (d) in relation to a copied State instrument: see section 768AN.

day of placement: see subsection 67(6).

de facto partner of a person means:

 (a) another person who, although not legally married to the first person, lives with the first person in a relationship as a couple on a genuine domestic basis (whether the first person and the other person are of the same sex or different sexes); or

 (b) a former de facto partner (within the meaning of paragraph (a)) of the first person.

default fund employee: see subsection 149C(2).

default fund term: see subsection 149C(2).

Default Superannuation List: see subsection 156B(1).

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992.

Deputy President means a Deputy President of the FWC.

designated emergency management body: see subsections 195A(4) and (5).

designated outworker term of a modern award, enterprise agreement, workplace determination or other instrument, means any of the following terms, so far as the term relates to outworkers in the textile, clothing or footwear industry:

 (a) a term that deals with the registration of an employer or outworker entity;

 (b) a term that deals with the making and retaining of, or access to, records about work to which outworker terms of a modern award apply;

 (c) a term imposing conditions under which an arrangement may be entered into by an employer or an outworker entity for the performance of work, where the work is of a kind that is often performed by outworkers;

 (d) a term relating to the liability of an employer or outworker entity for work undertaken by an outworker under such an arrangement, including a term which provides for the outworker to make a claim against an employer or outworker entity;

 (e) a term that requires minimum pay or other conditions, including the National Employment Standards, to be applied to an outworker who is not an employee;

 (f) any other terms prescribed by the regulations.

designated outworker terms entry: see subsection 483A(5).

directly, when used in relation to TCF work: see section 17A.

Disability Discrimination Commissioner means the Disability Discrimination Commissioner appointed under the Disability Discrimination Act 1992.

discriminatory term of an enterprise agreement: see section 195.

dismissal remedy bargaining order application: see subsection 726(2).

dismissed: see section 386.

earnings: see subsections 332(1) and (2).

eligible community service activity: see section 109.

eligible protected action ballot agent: see subsection 468A(1).

eligible State or Territory court means one of the following courts:

 (a) a District, County or Local Court;

 (b) a magistrates court;

 (c) the Industrial Relations Court of South Australia;

 (ca) the Industrial Court of New South Wales;

 (d) any other State or Territory court that is prescribed by the regulations.

employee is defined in the first Division of each Part (other than Part 1‑1) in which the term appears.

Note 1: The definition in the Part will define employee either as a national system employee or as having its ordinary meaning. However, there may be particular provisions in the Part where a different meaning for the term is specified.

Note 2: If the term has its ordinary meaning, see further subsections 15(1), 30E(1) and 30P(1).

Note 3: See also Division 2 of Part 6‑4A (TCF contract outworkers taken to be employees in certain circumstances).

employee A, in relation to a transfer of business referred to in Part 6‑3A: see subsections 768BD(1) and 768BG(1).

employee claim action: see section 409 and paragraph 471(4A)(c).

employee couple: 2 national system employees are an employee couple if each of the employees is the spouse or de facto partner of the other.

employee organisation means an organisation of employees.

employee record, in relation to an employee, means:

 (a) something that is an employee record, in relation to the employee, for the purposes of the Privacy Act 1988; or

 (b) in the case of a TCF contract outworker who is taken to be an employee by Division 2 of Part 6‑4A of this Act—something that would be an employee record, in relation to the outworker, for the purposes of the Privacy Act 1988, if the outworker were an employee for the purposes of that Act.

employee response action: see section 410 and paragraph 471(4A)(d).

employee with a disability means a national system employee who is qualified for a disability support pension as set out in section 94 or 95 of the Social Security Act 1991, or who would be so qualified but for paragraph 94(1)(e) or 95(1)(c) of that Act.

employer is defined in the first Division of each Part (other than Part 1‑1) in which the term appears.

Note 1: The definition in the Part will define employer either as a national system employer or as having its ordinary meaning. However, there may be particular provisions in the Part where a different meaning for the term is specified.

Note 2: If the term has its ordinary meaning, see further subsections 15(2), 30E(2) and 30P(2).

Note 3: See also Division 2 of Part 6‑4A (TCF contract outworkers taken to be employees in certain circumstances).

employer MySuper product: see subsection 23A(1B).

employer organisation means an organisation of employers.

employer response action: see section 411.

employing authority: see subsection 795(6).

end of the minimum bargaining period: see subsection 235(5).

engages in industrial activity: see section 347.

enterprise means a business, activity, project or undertaking.

enterprise agreement means:

 (a) a single‑enterprise agreement; or

 (b) a multi‑enterprise agreement.

entry notice: see subsection 487(2).

entry permit: see section 512.

equal remuneration for work of equal or comparable value: see subsection 302(2).

Note: See also subsections 302(3A) to (3C) and (4) and (4A) for matters relevant to the meaning of equal remuneration for work of equal or comparable value.

equal remuneration order: see subsection 302(1).

exclusive economic zone means the exclusive economic zone (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories).

exemption certificate: see subsection 519(1).

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993.

Expert Panel means an Expert Panel constituted under section 620.

Expert Panel Member means an Expert Panel Member of the FWC.

extended notice of termination provisions: see subsection 759(3).

extended parental leave provisions: see subsection 744(3).

Fair Work Commission or FWC means the body continued in existence by section 575.

Fair Work Information Statement: see subsection 124(1).

Fair Work Inspector means:

 (a) a person appointed as a Fair Work Inspector under section 700; or

 (b) the Fair Work Ombudsman in his or her capacity as a Fair Work Inspector under section 701.

fair work instrument means:

 (a) a modern award; or

 (b) an enterprise agreement; or

 (c) a workplace determination; or

 (d) an FWC order.

family and domestic violence: see subsection 106B(2).

Federal Court means the Federal Court of Australia.

first employer, in relation to a transfer of employment: see subsection 22(7).

first stage criteria: see section 156F.

first stage test: see section 156Q.

fixed platform means an artificial island, installation or structure permanently attached to the sea‑bed for the purpose of exploration for, or exploitation of, resources or for other economic purposes.

flexibility term:

 (a) in relation to a modern award—see subsection 144(1); and

 (b) in relation to an enterprise agreement—see subsection 202(1).

flexible day: see subsection 74(3C).

flexible unpaid parental leave: see subsections 72A(1) and (2A).

flight crew officer means a person who performs (whether with or without other duties) duties as a pilot, navigator or flight engineer of aircraft, and includes a person being trained for the performance of such duties.

franchise has the meaning given by the Corporations Act 2001.

franchisee entity of a franchise: see subsection 558A(1).

Full Bench means a Full Bench of the FWC constituted under section 618.

full rate of pay: see section 18.

FWC: see Fair Work Commission.

FWC Member means the President, a Vice President, a Deputy President, a Commissioner or an Expert Panel Member.

FWO notice: see subsection 712A(1).

gender identity has the meaning given by the Sex Discrimination Act 1984.

general building and construction work: see subsection 23B(1).

General Manager means the General Manager of the FWC.

general protections court application: see subsection 368(4).

general protections FWC application: see subsection 727(2).

general State industrial law: see subsection 26(3).

genuine redundancy: see section 389.

good faith bargaining requirements: see section 228.

greenfields agreement: see subsection 172(4).

guaranteed period for a guarantee of annual earnings: see section 331.

guarantee of annual earnings: see subsection 330(1).

guarantee of termination entitlements: see subsection 226A(1).

handle a complaint about an FWC Member means do one or more of the following acts relating to the complaint:

 (a) consider the complaint;

 (b) investigate the complaint;

 (c) report on an investigation of the complaint;

 (d) deal with a report of an investigation of the complaint;

 (e) dispose of the complaint;

 (f) refer the complaint to a person or body.

high income employee: see section 329.

high income threshold: see section 333.

ILO means the International Labour Organization.

immediate family of a person means:

 (a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the person; or

 (b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the person.

independent advisor for a protected action ballot means the person (if any) specified in the protected action ballot order as the independent advisor for the ballot.

independent contractor is not confined to an individual.

indirectly, when used in relation to TCF work: see section 17A.

indirectly responsible entity, in relation to TCF work performed by a TCF outworker: see subsections 789CA(3), (4) and (5).

individual flexibility arrangement:

 (a) in relation to a modern award—see subsection 144(1); and

 (b) in relation to an enterprise agreement—see paragraph 202(1)(a).

industrial action: see section 19.

industrial action related workplace determination: see subsection 266(1).

industrial association means:

 (a) an association of employees or independent contractors, or both, or an association of employers, that is registered or recognised as such an association (however described) under a workplace law; or

 (b) an association of employees, or independent contractors, or both (whether formed formally or informally), a purpose of which is the protection and promotion of their interests in matters concerning their employment, or their interests as independent contractors (as the case may be); or

 (c) an association of employers a principal purpose of which is the protection and promotion of their interests in matters concerning employment and/or independent contractors;

and includes:

 (d) a branch of such an association; and

 (e) an organisation; and

 (f) a branch of an organisation.

industrial body means:

 (a) the FWC; or

 (b) a court or commission (however described) performing or exercising, under an industrial law, functions and powers corresponding to those conferred on the FWC by this Act; or

 (c) a court or commission (however described) performing or exercising, under a workplace law, functions and powers corresponding to those conferred on the FWC by the Registered Organisations Act.

industrial law means:

 (a) this Act; or

 (b) the Registered Organisations Act; or

 (c) a law of the Commonwealth, however designated, that regulates the relationships between employers and employees; or

 (d) a State or Territory industrial law.

Industry Minister means the Minister administering the Australian Jobs Act 2013.

industry‑specific redundancy scheme means redundancy or termination payment arrangements in a modern award that are described in the award as an industry‑specific redundancy scheme.

Infrastructure Minister means the Minister administering the Infrastructure Australia Act 2008.

inspector means a Fair Work Inspector.

interim application period: see paragraph 156N(2)(b).

intersex status has the meaning given by the Sex Discrimination Act 1984.

intractable bargaining declaration: see section 234.

intractable bargaining workplace determination: see section 269.

involved in: see section 550.

irregularity, in relation to the conduct of a protected action ballot: see subsection 458(6).

junior employee means a national system employee who is under 21.

jury service pay: see subsection 111(6).

jury service summons: see subsection 111(7).

keeping in touch day: see subsections 79A(2) and (3).

law enforcement officer has the same meaning as in subsection 30K(1).

lawyer means a person who is admitted to the legal profession by a Supreme Court of a State or Territory.

local government employee has the same meaning as in subsection 30K(1).

local government employer has the same meaning as in subsection 30K(1).

lock out: see subsection 19(3).

made:

 (a) in relation to an enterprise agreement: see section 182; and

 (b) in relation to a variation of an enterprise agreement under Subdivision A of Division 7 of Part 2‑4 (variation of enterprise agreements by employers and employees): see section 209; and

 (c) in relation to a variation of an enterprise agreement under Subdivision AA of Division 7 of Part 2‑4 (variation of supported bargaining agreement to add employer and employees (with consent)): see subsection 216A(4); and

 (d) in relation to a variation of an enterprise agreement under Subdivision AC of Division 7 of Part 2‑4 (variation of cooperative workplace agreement to add employer and employees): see subsection 216C(4); and

 (e) in relation to a variation of an enterprise agreement under Subdivision AD of Division 7 of Part 2‑4 (variation of single interest employer agreement to add employer and employees): see subsection 216D(5); and

 (f) in relation to a variation of an enterprise agreement under Subdivision AE of Division 7 of Part 2‑4 (variation of multi‑enterprise agreement to remove employer and employees): see subsection 216E(7).

magistrates court means:

 (a) a court constituted by a police, stipendiary or special magistrate; or

 (b) a court constituted by an industrial magistrate; or

 (c) the Local Court of the Northern Territory.

majority support determination: see subsection 236(1).

maritime employee means a person who is, or whose occupation is that of, a master as defined in subsection 14(1) of the Navigation Act 2012, a seafarer as so defined or a pilot as so defined.

medical certificate means a certificate signed by a medical practitioner.

medical practitioner means a person registered, or licensed, as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.

membership action: see subsection 350(3).

minimum employment period: see section 383.

minimum wages objective: see subsection 284(1).

miscarriage means a spontaneous loss of an embryo or fetus before a period of gestation of 20 weeks.

miscellaneous modern award: see subsection 163(4).

model consultation term: see subsection 205(3).

model flexibility term: see subsection 202(5).

modern award means a modern award made under Part 2‑3.

modern award minimum wages: see subsection 284(3).

modern award powers: see subsection 134(2).

modern awards objective: see subsection 134(1).

modern enterprise award: see subsection 168A(2).

modern enterprise awards objective: see subsection 168B(1).

modifications includes additions, omissions and substitutions.

multi‑enterprise agreement means an enterprise agreement made as referred to in subsection 172(3).

MySuper product: see subsection 23A(1).

named employer award: see subsection 312(2).

National Employment Standards: see subsection 61(3).

national minimum wage order means a national minimum wage order made in an annual wage review.

national system employee: see section 13.

Note 1: Sections 30C and 30M extend the meaning of national system employee in relation to a referring State.

Note 2: See also Division 2 of Part 6‑4A (TCF contract outworkers taken to be employees in certain circumstances).

national system employer: see section 14.

Note 1: Sections 30D and 30N extend the meaning of national system employer in relation to a referring State.

Note 2: See also Division 2 of Part 6‑4A (TCF contract outworkers taken to be employees in certain circumstances).

new employer:

 (a) in relation to a transfer of business referred to in Part 2‑8—see subsection 311(1); and

 (b) in relation to a transfer of business referred to in Part 6‑3A—see subsection 768AD(1).

nominal expiry date:

 (a) of an enterprise agreement approved under section 186, means the date specified in the agreement as its nominal expiry date; or

 (b) of an enterprise agreement approved under section 189 (which deals with agreements that do not pass the better off overall test): see subsection 189(4); or

 (c) of a workplace determination, means the date specified in the determination as its nominal expiry date; or

 (d) of a copied State employment agreement: see subsection 768AO(5).

non‑excluded matters: see subsection 27(2).

non‑member record or document: see subsection 482(2A).

non‑monetary benefits: see subsection 332(3).

non‑national system employee means an employee who is not a national system employee.

non‑national system employer means an employer that is not a national system employer.

non‑transferring employee:

 (a) in relation to a transfer of business referred to in Part 2‑8—see subsection 314(2); and

 (b) in relation to a transfer of business referred to in Part 6‑3A—see subsection 768BG(2).

notification time for a proposed enterprise agreement: see subsection 173(2).

notified negotiation period for a proposed single‑enterprise agreement that is a greenfields agreement: see section 178B.

notional flexible period: see subsection 72A(6).

objectionable emergency management term of an enterprise agreement: see section 195A.

objectionable term means a term that:

 (a) requires, has the effect of requiring, or purports to require or have the effect of requiring; or

 (b) permits, has the effect of permitting, or purports to permit or have the effect of permitting;

either of the following:

 (c) a contravention of Part 3‑1 (which deals with general protections);

 (d) the payment of a bargaining services fee.

occupier, of premises, includes a person in charge of the premises.

office, in an industrial association, means:

 (a) an office of president, vice president, secretary or assistant secretary of the association; or

 (b) the office of a voting member of a collective body of the association, being a collective body that has power in relation to any of the following functions:

 (i) the management of the affairs of the association;

 (ii) the determination of policy for the association;

 (iii) the making, alteration or rescission of rules of the association;

 (iv) the enforcement of rules of the association, or the performance of functions in relation to the enforcement of such rules; or

 (c) an office the holder of which is, under the rules of the association, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:

 (i) existing policy of the association; or

 (ii) decisions concerning the association; or

 (d) an office the holder of which is, under the rules of the association, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or

 (e) the office of a person holding (whether as trustee or otherwise) property:

 (i) of the association; or

 (ii) in which the association has a beneficial interest.

Office of the Fair Work Ombudsman means the body established by section 696.

officer, of an industrial association, means:

 (a) an official of the association; or

 (b) a delegate or other representative of the association.

official, of an industrial association, means a person who holds an office in, or is an employee of, the association.

old employer, in relation to a transfer of business: see subsection 311(1).

old State employer: see subsection 768AD(1).

ordinary hours of work of an award/agreement free employee: see section 20.

organisation means an organisation registered under the Registered Organisations Act.

original State agreement, in relation to a copied State employment agreement: see paragraph 768AK(1)(a).

original State award, in relation to a copied State award: see paragraph 768AI(1)(a).

outworker means:

 (a) an employee who, for the purpose of the business of his or her employer, performs work at residential premises or at other premises that would not conventionally be regarded as being business premises; or

 (b) an individual who, for the purpose of a contract for the provision of services, performs work:

 (i) in the textile, clothing or footwear industry; and

 (ii) at residential premises or at other premises that would not conventionally be regarded as being business premises.

outworker entity means any of the following entities, other than in the entity’s capacity as a national system employer:

 (a) a constitutional corporation;

 (b) the Commonwealth;

 (c) a Commonwealth authority;

 (d) a body corporate incorporated in a Territory;

 (e) a person so far as:

 (i) the person arranges for work to be performed for the person (either directly or indirectly); and

 (ii) the work is of a kind that is often performed by outworkers; and

 (iii) the arrangement is connected with a Territory.

Note: Sections 30F and 30Q extend the meaning of outworker entity in relation to a referring State.

outworker terms: see subsection 140(3).

paid agent, in relation to a matter before the FWC, means an agent (other than a bargaining representative) who charges or receives a fee to represent a person in the matter.

paid annual leave means paid annual leave to which a national system employee is entitled under section 87.

paid family and domestic violence leave means paid family and domestic violence leave to which a national system employee is entitled under section 106A.

paid no safe job leave means paid no safe job leave to which a national system employee is entitled under section 81A.

paid personal/carer’s leave means paid personal/carer’s leave to which a national system employee is entitled under section 96.

paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).

partial work ban: see subsection 470(3).

part of a single enterprise: see subsection 168A(6).

passes the better off overall test:

 (a) in relation to an enterprise agreement that is not a greenfields agreement: see subsection 193(1); and

 (b) in relation to a greenfields agreement: see subsection 193(3).

pattern bargaining: see section 412.

peak council means a national or State council or federation that is effectively representative of a significant number of organisations (within the ordinary meaning of the term) representing employers or employees in a range of industries.

pecuniary penalty order means an order under subsection 546(1).

penalty unit has the meaning given by section 4AA of the Crimes Act 1914.

period of employment: see section 384.

permissible occasion: see sections 102 and 104.

permit holder means a person who holds an entry permit.

permit qualification matters: see subsection 513(1).

permitted matters in relation to an enterprise agreement: see subsection 172(1).

pieceworker: see section 21.

pilot, in relation to an aircraft, includes a pilot in command, co‑pilot or pilot of any other description.

post‑declaration negotiating period: see subsection 235A(1).

post‑industrial action negotiating period: see subsection 266(3).

premises includes:

 (a) any land, building, structure, mine, mine working, aircraft, ship, vessel, vehicle or place; and

 (b) a part of premises (including premises referred to in paragraph (a)).

pre‑parental leave position: an employee’s pre‑parental leave position, in relation to a particular period of unpaid parental leave, is:

 (a) unless paragraph (b) applies, the position the employee held before starting the period of unpaid parental leave; or

 (b) if, before starting the period of unpaid parental leave, the employee:

 (i) was transferred to a safe job because of her pregnancy; or

 (ii) reduced her working hours due to her pregnancy;

  the position the employee held immediately before that transfer or reduction.

prescribed State industrial authority means a State board, court, tribunal, body or official prescribed by the regulations.

President means the President of the FWC.

procedural rules means the procedural rules of the FWC made under section 609.

process or proceedings under a workplace law or workplace instrument: see subsection 341(2).

prohibited beneficiary: see subsection 536F(5).

protected action ballot means a ballot conducted under Division 8 of Part 3‑3.

protected action ballot agent for a protected action ballot means the person or entity that conducts the protected action ballot.

protected action ballot order: see subsection 437(1).

protected employee for a termination of an enterprise agreement under section 226: see subsection 226A(2).

protected from unfair dismissal: see section 382.

protected industrial action: see section 408.

public holiday: see section 115.

public sector employment: see subsections 795(4) and (5).

public sector employment law: see subsection 40(3).

reasonably foreseeable employee for an enterprise agreement: see subsection 193(5).

recognised emergency management body: see subsection 109(3).

reduction in take‑home pay: see subsection 768BR(3).

re‑employment time, in relation to a transferring employee covered by a transfer of business referred to in Part 6‑3A: see subsection 768AE(3).

registered employee association means:

 (a) an employee organisation; or

 (b) an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law.

Registered Organisations Act means the Fair Work (Registered Organisations) Act 2009.

registered organisations officer or employee: see section 536E.

regular casual employee: a national system employee of a national system employer is a regular casual employee at a particular time if, at that time:

 (a) the employee is a casual employee; and

 (b) the employee has been employed by the employer on a regular and systematic basis.

reinstatement includes appointment by an associated entity in the circumstances provided for in an order to which subsection 391(1A) applies.

related body corporate has the meaning given by the Corporations Act 2001.

related party has the same meaning as in the Registered Organisations Act.

relevant affairs, in relation to a registered organisations officer or employee, means the affairs of:

 (a) if the registered organisations officer or employee is an officer or employee of an organisation—the organisation and any branch of the organisation, including the affairs of the members of the organisation or any of those branches; or

 (b) if the registered organisations officer or employee is an officer or employee of a branch of an organisation—the branch, including the affairs of the members of the branch.

relevant belief: a person has a relevant belief in relation to a complaint about an FWC Member if:

 (a) the person believes that if one or more of the circumstances that gave rise to the complaint were substantiated, the circumstances would justify considering:

 (i) terminating the appointment of the FWC Member in accordance with section 641; or

 (ii) (other than if the FWC Member is the President) suspending the FWC Member from office in accordance with section 642; or

 (b) the person believes that if one or more of the circumstances that gave rise to the complaint were substantiated, the circumstances may:

 (i) adversely affect, or have adversely affected, the performance of duties by the FWC Member; or

 (ii) have the capacity to adversely affect, or have adversely affected, the reputation of the FWC.

Note: Sections 641 and 642 deal with termination of appointment and suspension on the grounds of misbehaviour or incapacity.

relevant employee organisation, in relation to a greenfields agreement, means an employee organisation that is entitled to represent the industrial interests of one or more of the employees who will be covered by the agreement, in relation to work to be performed under the agreement.

respondent in relation to an alleged contravention of Division 2 of Part 3‑5A (prohibiting sexual harassment in connection with work): see subsection 527F(1).

responsible franchisor entity for a franchisee entity: see subsection 558A(2).

responsible person, in relation to TCF work performed by a TCF outworker: see subsection 789CA(1).

risk period: see subsections 81(1) and (5).

safety net contractual entitlement means an entitlement under a contract between an employee and an employer that relates to any of the subject matters described in:

 (a) subsection 61(2) (which deals with the National Employment Standards); or

 (b) subsection 139(1) (which deals with modern awards).

Schedule of Approved Employer MySuper Products: see paragraph 156L(1)(a).

school age, for a child, means the age at which the child is required by a law of the State or Territory in which the child lives to attend school.

school‑based apprentice means a national system employee who is an apprentice to whom a school‑based training arrangement applies.

school‑based trainee means a national system employee (other than a school‑based apprentice) to whom a school‑based training arrangement applies.

school‑based training arrangement means a training arrangement undertaken as part of a course of secondary education.

scope order: see subsection 238(1).

second employer, in relation to a transfer of employment: see subsection 22(7).

second stage test:

 (a) in relation to a standard MySuper product—see subsection 156H(2); and

 (b) in relation to an employer MySuper product—see section 156S.

section 179A disclosable benefit: see subsection 179A(4).

section 179 disclosable benefit: see subsection 179(6).

serious contravention has the meaning given by section 557A.

serious misconduct has the meaning prescribed by the regulations.

service: see section 22.

setting modern award minimum wages: see subsection 284(4).

Sex Discrimination Commissioner means the Sex Discrimination Commissioner appointed under the Sex Discrimination Act 1984.

sexual harassment court application: see subsection 527T(2).

sexual harassment FWC application: see subsection 734A(3).

sexually harass has the meaning given by section 28A of the Sex Discrimination Act 1984.

Note: Other parts of speech and grammatical forms of “sexually harass” (for example, “sexual harassment”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).

ship includes a barge, lighter, hulk or other vessel.

single enterprise: see section 168A.

single‑enterprise agreement means an enterprise agreement made as referred to in subsection 172(2).

single interest employer agreement: a multi‑enterprise agreement is a single interest employer agreement if a single interest employer authorisation was in operation in relation to the agreement immediately before the agreement was made.

single interest employer authorisation: see subsection 248(1).

small business employer: see section 23.

Small Business Fair Dismissal Code means the Small Business Fair Dismissal Code declared under subsection 388(1).

small claims proceedings means proceedings dealt with as small claims proceedings under section 548.

special measure to achieve equality: see subsections 195(4) to (6).

spouse includes a former spouse.

standard application period: see paragraph 156N(2)(a).

standard MySuper product: see subsection 23A(1A).

State award: see section 768AJ.

State collective employment agreement: see subsection 768AL(3).

State employment agreement: see subsections 768AL(1) and (2).

State individual employment agreement: see subsection 768AL(4).

State industrial instrument means an award, an agreement (whether individual or collective), or another industrial instrument or order, that:

 (a) is made under, or recognised by, a law of a State that is a State or Territory industrial law; and

 (b) determines terms and conditions of employment.

State industrial law means a law of a State that is a State or Territory industrial law.

state of mind: see subsection 793(3).

State or Territory industrial law: see subsection 26(2).

State or Territory OHS law: see subsection 494(3).

State or Territory OHS right: see subsection 494(2).

State public sector employee, of a State, means:

 (a) an employee of a State public sector employer of the State; or

 (b) any other non‑national system employee in the State of a kind specified in the regulations;

and includes a law enforcement officer of the State but does not include a local government employee of the State.

State public sector employer, of a State, means a non‑national system employer that is:

 (a) the State, the Governor of the State or a Minister of the State; or

 (b) a body corporate that is established for a public purpose by or under a law of the State, by the Governor of the State or by a Minister of the State; or

 (c) a body corporate in which the State has a controlling interest; or

 (d) a person who employs individuals for the purposes of an unincorporated body that is established for a public purpose by or under a law of the State, by the Governor of the State or by a Minister of the State; or

 (e) any other employer in the State of a kind specified in the regulations;

and includes a non‑national system employer of a law enforcement officer of the State but does not include a local government employer of the State.

State reference public sector employee: see subsection 168E(3).

State reference public sector employer: see subsection 168E(4).

State reference public sector modern award: see subsection 168E(2).

State reference public sector modern awards objective: see section 168F.

step‑child: without limiting who is a step‑child of a person, someone who is a child of the person’s de facto partner is a step‑child of a person, if he or she would be the person’s step‑child except that the person is not legally married to the de facto partner.

stillborn: see subsection 77A(2).

stop sexual harassment order: see paragraph 527F(1)(a).

superannuation fund means a superannuation fund or a superannuation scheme.

supported bargaining agreement: a multi‑enterprise agreement is a supported bargaining agreement if a supported bargaining authorisation was in operation in relation to the agreement immediately before the agreement was made.

supported bargaining authorisation: see subsection 242(1).

tailored MySuper product: see subsection 23A(2).

take‑home pay: see subsection 768BR(2).

take‑home pay order: see subsection 768BS(1).