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C2021C00189 (C43)
29 March 2021
-
31 August 2021
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Volume 1
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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
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
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Chapter 2—Terms and conditions of employment
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Part 2 1—Core provisions for this Chapter
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Division 1—Introduction
41 Guide to this Part
42 Meanings of employee and employer
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Division 2—Core provisions for this Chapter
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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
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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
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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
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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
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Division 1—Introduction
59 Guide to this Part
60 Meanings of employee and employer
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Division 2—The National Employment Standards
61 The National Employment Standards are minimum standards applying to employment of employees
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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
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Division 4—Requests for flexible working arrangements
65 Requests for flexible working arrangements
66 State and Territory laws that are not excluded
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Division 4A—Offers and requests for casual conversion
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Subdivision A—Application of Division
66A Division applies to casual employees etc.
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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
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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
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Subdivision D—Other provisions
66K Effect of conversion
66L Other rights and obligations
66M Disputes about the operation of this Division
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Division 5—Parental leave and related entitlements
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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.
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Subdivision B—Parental leave
70 Entitlement to unpaid parental leave
71 The period of leave—other than for members of an employee couple who each intend to take leave
72 The period of leave—members of an employee couple who each intend to take leave
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
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
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Subdivision C—Other entitlements
80 Unpaid special maternity leave
81 Transfer to a safe job
81A Paid no safe job leave
82 Employee on paid no safe job leave may be asked to provide a further medical certificate
82A Unpaid no safe job leave
83 Consultation with employee on unpaid parental leave
84 Return to work guarantee
84A Replacement employees
85 Unpaid pre adoption leave
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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
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Division 7—Personal/carer’s leave, compassionate leave and unpaid family and domestic violence leave
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Subdivision A—Paid personal/carer’s leave
95 Subdivision applies to employees other than casual employees
96 Entitlement to paid personal/carer’s leave
97 Taking paid personal/carer’s leave
98 Employee taken not to be on paid personal/carer’s leave on public holiday
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
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Subdivision B—Unpaid carer’s leave
102 Entitlement to unpaid carer’s leave
103 Taking unpaid carer’s leave
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Subdivision C—Compassionate leave
104 Entitlement to compassionate leave
105 Taking compassionate leave
106 Payment for compassionate leave (other than for casual employees)
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Subdivision CA—Unpaid family and domestic violence leave
106A Entitlement to unpaid family and domestic violence leave
106B Taking unpaid family and domestic violence leave
106C Confidentiality
106D Operation of unpaid family and domestic violence leave and leave for victims of crime
106E Entitlement to days of leave
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Subdivision D—Notice and evidence requirements
107 Notice and evidence requirements
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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
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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
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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
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Division 11—Notice of termination and redundancy pay
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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
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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
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Subdivision C—Limits on scope of this Division
123 Limits on scope of this Division
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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
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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
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Division 1—Introduction
132 Guide to this Part
133 Meanings of employee and employer
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Division 2—Overarching provisions
134 The modern awards objective
135 Special provisions relating to modern award minimum wages
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Division 3—Terms of modern awards
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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
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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
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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
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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
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Division 4A—4 yearly reviews of default fund terms of modern awards
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Subdivision A—4 yearly reviews of default fund terms
156A 4 yearly reviews of default fund terms
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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
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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
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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
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Subdivision E—Publishing documents under this Division
156U Publishing documents under this Division
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Division 5—Exercising modern award powers
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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
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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
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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
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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
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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
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Division 1—Introduction
169 Guide to this Part
170 Meanings of employee and employer
171 Objects of this Part
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Division 2—Employers and employees may make enterprise agreements
172 Making an enterprise agreement
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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
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Division 4—Approval of enterprise agreements
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Subdivision A—Pre approval steps and applications for the FWC’s approval
179 Disclosure by organisations that are bargaining representatives
179A Disclosure by employers
180 Employees must be given a copy of a proposed enterprise agreement etc.
181 Employers may request employees to approve a proposed enterprise agreement
182 When an enterprise agreement is made
183 Entitlement of an employee organisation to have an enterprise agreement cover it
184 Multi enterprise agreement to be varied if not all employees approve the agreement
185 Bargaining representative must apply for the FWC’s approval of an enterprise agreement
185A Material that must accompany an application under subsection 182(4) for approval of a greenfields agreement
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Subdivision B—Approval of enterprise agreements by the FWC
186 When the FWC must approve an enterprise agreement—general requirements
187 When the FWC must approve an enterprise agreement—additional requirements
188 When employees have genuinely agreed to an enterprise agreement
188A Disclosure documents
189 FWC may approve an enterprise agreement that does not pass better off overall test—public interest test
190 FWC may approve an enterprise agreement with undertakings
191 Effect of undertakings
192 When the FWC may refuse to approve an enterprise agreement
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Subdivision C—Better off overall test
193 Passing the better off overall test
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Subdivision D—Unlawful terms
194 Meaning of unlawful term
195 Meaning of discriminatory term
195A Meaning of objectionable emergency management term
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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
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Subdivision F—Other matters
201 Approval decision to note certain matters
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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.
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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.
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Division 7—Variation and termination of enterprise agreements
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Subdivision A—Variation of enterprise agreements by employers and employees
207 Variation of an enterprise agreement may be made by employers and employees
208 Employers may request employees to approve a proposed variation of an enterprise agreement
209 When a variation of an enterprise agreement is made
210 Application for the FWC’s approval of a variation of an enterprise agreement
211 When the FWC must approve a variation of an enterprise agreement
212 FWC may approve a variation of an enterprise agreement with undertakings
213 Effect of undertakings
214 When the FWC may refuse to approve a variation of an enterprise agreement
215 Approval decision to note undertakings
216 When variation comes into operation
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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
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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
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Subdivision D—Termination of enterprise agreements after nominal expiry date
225 Application for termination of an enterprise agreement after its nominal expiry date
226 When the FWC must terminate an enterprise agreement
227 When termination comes into operation
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Division 8—FWC’s general role in facilitating bargaining
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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
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Subdivision B—Serious breach declarations
234 Applications for serious breach declarations
235 When the FWC may make a serious breach declaration
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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
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Subdivision D—FWC may deal with a bargaining dispute on request
240 Application for the FWC to deal with a bargaining dispute
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Division 9—Low paid bargaining
241 Objects of this Division
242 Low paid authorisations
243 When the FWC must make a low paid authorisation
244 Variation of low paid authorisations—general
245 Variation of low paid authorisations—enterprise agreement etc. comes into operation
246 FWC’s assistance for the low paid
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Division 10—Single interest employer authorisations
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Subdivision A—Declaration that employers may bargain together for a proposed enterprise agreement
247 Ministerial declaration that employers may bargain together for a proposed enterprise agreement
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Subdivision B—Single interest employer authorisations
248 Single interest employer authorisations
249 When the FWC must make a single interest employer authorisation
250 What a single interest employer authorisation must specify
251 Variation of single interest employer authorisations
252 Variation to extend period single interest employer authorisation is in operation
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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
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Division 1—Introduction
258 Guide to this Part
259 Meanings of employee and employer
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Division 2—Low paid workplace determinations
260 Applications for low paid workplace determinations
261 When the FWC must make a consent low paid workplace determination
262 When the FWC must make a special low paid workplace determination—general requirements
263 When the FWC must make a special low paid workplace determination—additional requirements
264 Terms etc. of a low paid workplace determination
265 No other terms
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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
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Division 4—Bargaining related workplace determinations
269 When the FWC must make a bargaining related workplace determination
270 Terms etc. of a bargaining related workplace determination
271 No other terms
271A Limitations relating to greenfields agreements
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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
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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
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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
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Division 1—Introduction
282 Guide to this Part
283 Meanings of employee and employer
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Division 2—Overarching provisions
284 The minimum wages objective
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Division 3—Annual wage reviews
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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.
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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
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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
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Division 1—Introduction
300 Guide to this Part
301 Meanings of employee and employer
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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
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Division 1—Introduction
307 Guide to this Part
308 Meanings of employee and employer
309 Object of this Part
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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
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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
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Division 1—Introduction
321 Guide to this Part
322 Meanings of employee and employer
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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
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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
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Chapter 3—Rights and responsibilities of employees, employers, organisations etc.
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Part 3 1—General protections
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Division 1—Introduction
334 Guide to this Part
335 Meanings of employee and employer
336 Objects of this Part
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Division 2—Application of this Part
337 Application of this Part
338 Action to which this Part applies
339 Additional effect of this Part
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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
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Division 4—Industrial activities
346 Protection
347 Meaning of engages in industrial activity
348 Coercion
349 Misrepresentations
350 Inducements—membership action
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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
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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
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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
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Division 8—Compliance
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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
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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
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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
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Part 3 2—Unfair dismissal
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Division 1—Introduction
379 Guide to this Part
380 Meanings of employee and employer
381 Object of this Part
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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
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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
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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
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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
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Part 3 3—Industrial action
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Division 1—Introduction
406 Guide to this Part
407 Meanings of employee and employer
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Division 2—Protected industrial action
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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
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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
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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
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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.
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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.
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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
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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.
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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
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Division 8—Protected action ballots
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Subdivision A—Introduction
435 Guide to this Division
436 Object of this Division
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Subdivision B—Protected action ballot orders
437 Application for a protected action ballot order
438 Restriction on when application may be made
439 Joint applications
440 Notice of application
441 Application to be determined within 2 days after it is made
442 Dealing with multiple applications together
443 When the FWC must make a protected action ballot order
444 FWC may decide on ballot agent other than the Australian Electoral Commission and independent advisor
445 Notice of protected action ballot order
446 Protected action ballot order may require 2 or more protected action ballots to be held at the same time
447 Variation of protected action ballot order
448 Revocation of protected action ballot order
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Subdivision C—Conduct of protected action ballot
449 Protected action ballot to be conducted by Australian Electoral Commission or other specified ballot agent
450 Directions for conduct of protected action ballot
451 Timetable for protected action ballot
452 Compilation of roll of voters
453 Who is eligible to be included on the roll of voters
454 Variation of roll of voters
455 Protected action ballot papers
456 Who may vote in protected action ballot
457 Results of protected action ballot
458 Report about conduct of protected action ballot
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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
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Subdivision E—Compliance
462 Interferences etc. with protected action ballot
463 Contravening a protected action ballot order etc.
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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
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Subdivision G—Miscellaneous
467 Information about employees on roll of voters not to be disclosed
468 Records
469 Regulations
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Division 9—Payments relating to periods of industrial action
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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
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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
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Subdivision C—Miscellaneous
476 Other responses to industrial action unaffected
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Division 10—Other matters
477 Applications by bargaining representatives
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Part 3 4—Right of entry
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Division 1—Introduction
478 Guide to this Part
479 Meanings of employee and employer
480 Object of this Part
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Division 2—Entry rights under this Act
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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
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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
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Subdivision B—Entry to hold discussions
484 Entry to hold discussions
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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
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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
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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
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Division 5—Powers of the FWC
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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
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Subdivision B—Taking action against permit holder
507 FWC may take action against permit holder
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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
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Subdivision D—When the FWC must revoke or suspend entry permits
510 When the FWC must revoke or suspend entry permits
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Subdivision E—General rules for suspending entry permits
511 General rules for suspending entry permits
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Division 6—Entry permits, entry notices and certificates
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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
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Subdivision B—Entry notices
518 Entry notice requirements
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Subdivision C—Exemption certificates
519 Exemption certificates
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Subdivision D—Affected member certificates
520 Affected member certificates
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Subdivision E—Miscellaneous
521 Regulations dealing with instruments under this Part
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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
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Part 3 5—Stand down
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Division 1—Introduction
522 Guide to this Part
523 Meanings of employee and employer
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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
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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
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Part 3 6—Other rights and responsibilities
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Division 1—Introduction
528 Guide to this Part
529 Meanings of employee and employer
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Division 2—Notification and consultation relating to certain dismissals
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Subdivision A—Requirement to notify Centrelink
530 Employer to notify Centrelink of certain proposed dismissals
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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
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Subdivision C—Limits on scope of this Division
534 Limits on scope of this Division
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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
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Part 3 7—Corrupting benefits
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Division 1—Introduction
536A Guide to this Part
536B Meanings of employee and employer
536C Concurrent operation of State and Territory laws
536CA Dishonesty
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Division 2—Giving, receiving or soliciting corrupting benefits
536D Giving, receiving or soliciting a corrupting benefit
536E Meaning of registered organisations officer or employee
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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
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Volume 2
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Chapter 4—Compliance and enforcement
Part 4 1—Civil remedies
Division 1—Introduction
537 Guide to this Part
538 Meanings of employee and employer
Division 2—Orders
Subdivision A—Applications for orders
539 Applications for orders in relation to contraventions of civil remedy provisions
540 Limitations on who may apply for orders etc.
541 Applications for orders in relation to safety net contractual entitlements
542 Entitlements under contracts
543 Applications for orders in relation to statutory entitlements derived from contracts
544 Time limit on applications
Subdivision B—Orders
545 Orders that can be made by particular courts
545A Orders relating to casual loading amounts
546 Pecuniary penalty orders
547 Interest up to judgment
Division 3—Small claims procedure
548 Plaintiffs may choose small claims procedure
Division 4—General provisions relating to civil remedies
549 Contravening a civil remedy provision is not an offence
550 Involvement in contravention treated in same way as actual contravention
551 Civil evidence and procedure rules for proceedings relating to civil remedy provisions
552 Civil proceedings after criminal proceedings
553 Criminal proceedings during civil proceedings
554 Criminal proceedings after civil proceedings
555 Evidence given in proceedings for pecuniary penalty not admissible in criminal proceedings
556 Civil double jeopardy
557 Course of conduct
557A Serious contravention of civil remedy provisions
557B Liability of bodies corporate for serious contravention
557C Presumption where records not provided
558 Regulations dealing with infringement notices
Division 4A—Responsibility of responsible franchisor entities and holding companies for certain contraventions
558A Meaning of franchisee entity and responsible franchisor entity
558B Responsibility of responsible franchisor entities and holding companies for certain contraventions
558C Right of responsible franchisor entity or holding company to recover
Division 5—Unclaimed money
559 Unclaimed money
Part 4 2—Jurisdiction and powers of courts
Division 1—Introduction
560 Guide to this Part
561 Meanings of employee and employer
Division 2—Jurisdiction and powers of the Federal Court
562 Conferring jurisdiction on the Federal Court
563 Exercising jurisdiction in the Fair Work Division of the Federal Court
564 No limitation on Federal Court’s powers
565 Appeals from eligible State or Territory courts
Division 3—Jurisdiction and powers of the Federal Circuit Court
566 Conferring jurisdiction on the Federal Circuit Court
567 Exercising jurisdiction in the Fair Work Division of the Federal Circuit Court
568 No limitation on Federal Circuit Court’s powers
Division 4—Miscellaneous
569 Minister’s entitlement to intervene
569A State or Territory Minister’s entitlement to intervene
570 Costs only if proceedings instituted vexatiously etc.
571 No imprisonment for failure to pay pecuniary penalty
572 Regulations dealing with matters relating to court proceedings
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Chapter 5—Administration
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Part 5 1—The Fair Work Commission
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Division 1—Introduction
573 Guide to this Part
574 Meanings of employee and employer
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Division 2—Establishment and functions of the Fair Work Commission
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Subdivision A—Establishment and functions of the Fair Work Commission
575 Establishment of the Fair Work Commission
576 Functions of the FWC
577 Performance of functions etc. by the FWC
578 Matters the FWC must take into account in performing functions etc.
579 FWC has privileges and immunities of the Crown
580 Protection of FWC Members
Subdivision B—Functions and powers of the President
581 Functions of the President
581A Dealing with a complaint about an FWC Member
581B Code of Conduct
582 Directions by the President
583 President not subject to direction
584 Delegation of functions and powers of the President
Subdivision C—Protection of persons involved in handling etc. complaints about FWC Members
584B Protection of persons involved in handling etc. complaints about FWC Members
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Division 3—Conduct of matters before the FWC
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Subdivision A—Applications to the FWC
585 Applications in accordance with procedural rules
586 Correcting and amending applications and documents etc.
587 Dismissing applications
588 Discontinuing applications
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Subdivision B—Conduct of matters before the FWC
589 Procedural and interim decisions
590 Powers of the FWC to inform itself
591 FWC not bound by rules of evidence and procedure
592 Conferences
593 Hearings
594 Confidential evidence
595 FWC’s power to deal with disputes
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Subdivision C—Representation by lawyers and paid agents and Minister’s entitlement to make submissions
596 Representation by lawyers and paid agents
597 Minister’s entitlement to make submissions
597A State or Territory Minister’s entitlement to make submissions
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Subdivision D—Decisions of the FWC
598 Decisions of the FWC
599 FWC not required to decide an application in terms applied for
600 Determining matters in the absence of a person
601 Writing and publication requirements for the FWC’s decisions
602 Correcting obvious errors etc. in relation to the FWC’s decisions
603 Varying and revoking the FWC’s decisions
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Subdivision E—Appeals, reviews and referring questions of law
604 Appeal of decisions
605 Minister’s entitlement to apply for review of a decision
606 Staying decisions that are appealed or reviewed
607 Process for appealing or reviewing decisions
608 Referring questions of law to the Federal Court
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Subdivision F—Miscellaneous
609 Procedural rules
610 Regulations dealing with any FWC matters
611 Costs
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Division 4—Organisation of the FWC
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Subdivision A—Functions etc. to be performed by a single FWC Member, a Full Bench or an Expert Panel
612 FWC’s functions etc. may generally be performed by single FWC Member
613 Appeal of decisions
614 Review of decisions by a Full Bench
615 The President may direct a Full Bench to perform function etc.
615A When the President must direct a Full Bench to perform function etc.
615B Transfer to a Full Bench from an FWC Member
615C Transfer to the President from an FWC Member or a Full Bench
616 FWC’s functions etc. that must be performed by a Full Bench
617 FWC’s functions etc. that must be performed by an Expert Panel
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Subdivision B—Constitution of the FWC by a single FWC Member, a Full Bench or an Expert Panel
618 Constitution and decision making of a Full Bench
619 Seniority of FWC Members
620 Constitution and decision making of an Expert Panel
621 Reconstitution of the FWC when single FWC Member becomes unavailable
622 Reconstitution of the FWC when FWC Member of a Full Bench or an Expert Panel becomes unavailable
623 When new FWC Members begin to deal with matters
624 FWC’s decisions not invalid when improperly constituted
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Subdivision C—Delegation of the FWC’s functions and powers
625 Delegation by the President of functions and powers of the FWC
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Division 5—FWC Members
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Subdivision A—Appointment of FWC Members
626 Appointment of FWC Members
627 Qualifications for appointment of FWC Members
628 Basis of appointment of FWC Members
629 Period of appointment of FWC Members
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Subdivision B—Terms and conditions of FWC Members
629A Status of the President
630 Appointment of a Judge not to affect tenure etc.
631 Dual federal and State appointments of Deputy Presidents or Commissioners
632 Dual federal and Territory appointments of Deputy Presidents or Commissioners
633 Outside work of FWC Members
634 Oath or affirmation of office
635 Remuneration of the President
636 Application of Judges’ Pensions Act to the President
637 Remuneration of FWC Members other than the President
638 Remuneration of Deputy Presidents or Commissioners performing duties on a part time basis
639 Leave of absence of FWC Members other than the President
640 Disclosure of interests by FWC Members other than the President
641 Termination of appointment on grounds of misbehaviour or incapacity
641A Minister may handle complaints about FWC Members
641B Modified application of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012
642 Suspension on grounds of misbehaviour or incapacity
643 Termination of appointment for bankruptcy, etc.
644 Termination of appointment for outside work
645 Resignation of FWC Members
646 Other terms and conditions of FWC Members
647 Appointment of acting President and Vice President
648 Appointment of acting Deputy Presidents and Commissioners
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Division 6—Cooperation with the States
649 President to cooperate with prescribed State industrial authorities
650 Provision of administrative support
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Division 7—Seals and additional powers and functions of the President and the General Manager
651 Seals
652 Annual report
653 Reports about making enterprise agreements, individual flexibility arrangements etc.
653A Arrangements with the Federal Court and the Federal Circuit Court
654 President must provide certain information etc. to the Minister and Fair Work Ombudsman
655 Disclosure of information by the FWC
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Division 8—General Manager, staff and consultants
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Subdivision A—Functions of the General Manager
656 Establishment
657 Functions and powers of the General Manager
658 Directions from the President
659 General Manager not otherwise subject to direction
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Subdivision B—Appointment and terms and conditions of the General Manager
660 Appointment of the General Manager
661 Remuneration of the General Manager
662 Leave of absence of the General Manager
663 Outside work of the General Manager
664 Disclosure of interests to the President
665 Resignation of the General Manager
666 Termination of appointment of the General Manager
667 Other terms and conditions of the General Manager
668 Appointment of acting General Manager
669 Minister to consult the President
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Subdivision C—Staff and consultants
670 Staff
671 Delegation by General Manager to staff
672 Persons assisting the FWC
673 Consultants
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Subdivision D—Application of the finance law
673A Application of the finance law
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Division 9—Offences relating to the Fair Work Commission
674 Offences in relation to the FWC
675 Contravening an FWC order
676 Intimidation etc.
677 Offences in relation to attending before the FWC
678 False or misleading evidence
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Part 5 2—Office of the Fair Work Ombudsman
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Division 1—Introduction
679 Guide to this Part
680 Meanings of employee and employer
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Division 2—Fair Work Ombudsman
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Subdivision A—Establishment and functions and powers of the Fair Work Ombudsman
681 Establishment
682 Functions of the Fair Work Ombudsman
683 Delegation by the Fair Work Ombudsman
684 Directions from the Minister
685 Minister may require reports
686 Annual report
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Subdivision B—Appointment and terms and conditions of the Fair Work Ombudsman
687 Appointment of the Fair Work Ombudsman
688 Remuneration of the Fair Work Ombudsman
689 Leave of absence of the Fair Work Ombudsman
690 Outside work of the Fair Work Ombudsman
692 Resignation of the Fair Work Ombudsman
693 Termination of appointment of the Fair Work Ombudsman
694 Other terms and conditions of the Fair Work Ombudsman
695 Appointment of acting Fair Work Ombudsman
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Division 3—Office of the Fair Work Ombudsman
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Subdivision A—Establishment of the Office of the Fair Work Ombudsman
696 Establishment of the Office of the Fair Work Ombudsman
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Subdivision B—Staff and consultants etc.
697 Staff
698 Persons assisting the Fair Work Ombudsman
699 Consultants
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Subdivision C—Appointment of Fair Work Inspectors
700 Appointment of Fair Work Inspectors
701 Fair Work Ombudsman is a Fair Work Inspector
702 Identity cards
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Subdivision D—Functions and powers of Fair Work Inspectors—general
703 Conditions and restrictions on functions and powers
704 General directions by the Fair Work Ombudsman
705 Particular directions by the Fair Work Ombudsman
706 Purpose for which powers of inspectors may be exercised
707 When powers of inspectors may be exercised
707A Hindering or obstructing the Fair Work Ombudsman and inspectors etc.
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Subdivision DA—Power to enter premises
708 Power of inspectors to enter premises
709 Powers of inspectors while on premises
710 Persons assisting inspectors
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Subdivision DB—Powers to ask questions and require records and documents
711 Power to ask for person’s name and address
712 Power to require persons to produce records or documents
712A Minister may nominate AAT presidential members to issue FWO notices
712AA Fair Work Ombudsman may apply to nominated AAT presidential member for FWO notice
712AB Issue of FWO notice
712AC Form and content of FWO notice
712AD Fair Work Ombudsman may give FWO notice to person in relation to whom it is issued and vary time for compliance
712AE Conduct of examination
712B Requirement to comply with FWO notice
712C Payment for expenses incurred in attending as required by an FWO notice
712D Protection from liability relating to FWO notices
712E Fair Work Ombudsman must notify Commonwealth Ombudsman of issue of FWO notice
712F Review and report by Commonwealth Ombudsman
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Subdivision DC—Other rules relating to answers, records and documents
713 Self incrimination etc.
713A Certain records and documents are inadmissible
713AA Legal professional privilege
714 Power to keep records or documents
714A Reports not to include information relating to an individual’s affairs
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Subdivision DD—Enforceable undertakings and compliance notices
715 Enforceable undertakings relating to contraventions of civil remedy provisions
716 Compliance notices
717 Review of compliance notices
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Subdivision E—Disclosure of information by the Office of the Fair Work Ombudsman
718 Disclosure of information by the Office of the Fair Work Ombudsman
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Subdivision F—False or misleading information or documents
718A False or misleading information or documents
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Chapter 6—Miscellaneous
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Part 6 1—Multiple actions
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Division 1—Introduction
719 Guide to this Part
720 Meanings of employee and employer
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Division 2—Certain actions not permitted if alternative action can be taken
721 Equal remuneration applications
722 Notification and consultation requirements applications
723 Unlawful termination applications
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Division 3—Preventing multiple actions
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Subdivision A—Equal remuneration applications
724 Equal remuneration applications
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Subdivision B—Applications and complaints relating to dismissal
725 General rule
726 Dismissal remedy bargaining order applications
727 General protections FWC applications
728 General protections court applications
729 Unfair dismissal applications
730 Unlawful termination FWC applications
731 Unlawful termination court applications
732 Applications and complaints under other laws
733 Dismissal does not include failure to provide benefits
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Subdivision C—General protections applications that do not relate to dismissal
734 General rule
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Part 6 2—Dealing with disputes
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Division 1—Introduction
735 Guide to this Part
736 Meanings of employee and employer
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Division 2—Dealing with disputes
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Subdivision A—Model term about dealing with disputes
737 Model term about dealing with disputes
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Subdivision B—Dealing with disputes
738 Application of this Division
739 Disputes dealt with by the FWC
740 Dispute dealt with by persons other than the FWC
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Part 6 3—Extension of National Employment Standards entitlements
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Division 1—Introduction
741 Guide to this Part
742 Meanings of employee and employer
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Division 2—Extension of entitlement to unpaid parental leave and related entitlements
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Subdivision A—Main provisions
743 Object of this Division
744 Extending the entitlement to unpaid parental leave and related entitlements
745 Contravening the extended parental leave provisions
746 References to the National Employment Standards include extended parental leave provisions
747 State and Territory laws that are not excluded
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Subdivision B—Modifications of the extended parental leave provisions
748 Non national system employees are not award/agreement free employees
749 Modification of meaning of base rate of pay for pieceworkers
750 Modification of meaning of full rate of pay for pieceworkers
751 Modification of meaning of ordinary hours of work—if determined by State industrial instrument
752 Modification of meaning of ordinary hours of work—if not determined by State industrial instrument
753 Modification of meaning of ordinary hours of work—regulations may prescribe usual weekly hours
754 Modification of meaning of pieceworker
755 Modification of provision about interaction with paid leave
756 Modification of provision about relationship between National Employment Standards and agreements
757 Modification of power to make regulations
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Division 3—Extension of entitlement to notice of termination or payment in lieu of notice
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Subdivision A—Main provisions
758 Object of this Division
759 Extending entitlement to notice of termination or payment in lieu of notice
760 Contravening the extended notice of termination provisions
761 References to the National Employment Standards include extended notice of termination provisions
762 State and Territory laws that are not excluded
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Subdivision B—Modifications of the extended notice of termination provisions
763 Non national system employees are not award/agreement free employees
764 Modification of meaning of full rate of pay for pieceworkers
765 Modification of meaning of pieceworker
766 Modification of provision about notice of termination by employee
767 Modification of provision about relationship between National Employment Standards and agreements
768 Modification of power to make regulations
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Part 6 3A—Transfer of business from a State public sector employer
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Division 1—Introduction
768AA Guide to this Part
768AB Meanings of employee and employer
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Division 2—Copying terms of State instruments when there is a transfer of business
768AC What this Division is about
768AD When does a transfer of business occur?
768AE Meaning of transferring employee, termination time and re employment time
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Division 3—Copied State instruments
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Subdivision A—Guide to this Division
768AF What this Division is about
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Subdivision B—Copied State instruments
768AG Contravening a copied State instrument
768AH What is a copied State instrument?
768AI What is a copied State award?
768AJ What is a State award?
768AK What is a copied State employment agreement?
768AL What is a State employment agreement?
768AM When does a copied State instrument apply to a person?
768AN When does a copied State instrument cover a person?
768AO When is a copied State instrument in operation?
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Division 4—Interaction between copied State instruments and the NES, modern awards and enterprise agreements
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Subdivision A—Guide to this Division
768AP What this Division is about
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Subdivision B—Interaction with the NES
768AQ Interaction between the NES and a copied State instrument
768AR Provisions of the NES that allow instruments to contain particular kinds of terms
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Subdivision C—Interaction with modern awards
768AS Modern awards and copied State awards
768AT Modern awards and copied State employment agreements
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Subdivision D—Interaction with enterprise agreements
768AU Enterprise agreements and copied State instruments
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Division 5—Variation and termination of copied State instruments
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Subdivision A—Guide to this Division
768AV What this Division is about
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Subdivision B—Variation of copied State instruments
768AW Variation in limited circumstances
768AX Variation of copied State instruments
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Subdivision C—Termination of copied State instruments
768AY Termination in limited circumstances
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Division 6—FWC orders about coverage of copied State instruments and other instruments
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Subdivision A—Guide to this Division
768AZ What this Division is about
768AZA Orders in relation to a transfer of business
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Subdivision B—Coverage orders
768BA FWC orders about coverage for transferring employees
768BB FWC orders about coverage for employee organisations
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Division 7—FWC orders about consolidating copied State instruments etc.
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Subdivision A—Guide to this Division
768BC What this Division is about
768BCA Orders in relation to a transfer of business
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Subdivision B—Consolidation orders in relation to transferring employees
768BD Consolidation orders in relation to transferring employees
768BE Consolidation order to deal with application and coverage
768BF Effect of this Act after a consolidation order is made
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Subdivision C—Consolidation orders in relation to non transferring employees
768BG Consolidation orders in relation to non transferring employees
768BH Consolidation order to deal with application and coverage
768BI Effect of this Act after a consolidation order is made
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Division 8—Special rules for copied State instruments
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Subdivision A—Guide to this Division
768BJ What this Division is about
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Subdivision B—Terms about disputes
768BK Where no term dealing with disputes
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Subdivision C—Service and entitlements of a transferring employee
768BL Service for the purposes of this Act
768BM NES—working out non accruing entitlements
768BN NES—working out accruing entitlements
768BO Copied State instrument—service
768BP Copied State instrument—working out non accruing entitlements
768BQ Copied State instrument—working out accruing entitlements
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Subdivision D—Cessation of copied State awards: avoiding reductions in take home pay
768BR Cessation not intended to result in reduction in take home pay
768BS Orders remedying reductions in take home pay
768BT Contravening a take home pay order
768BU How long a take home pay order continues to apply
768BV Interaction of take home pay orders with modern awards and enterprise agreements
768BW Application of this Act to take home pay orders
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Subdivision E—Modification of this Act
768BX Modification of this Act for copied State instruments
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Subdivision F—Modification of the Transitional Act
768BY Modification of the Transitional Act for copied State instruments
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Subdivision G—Modification of the Registered Organisations Act
768BZ Modification of the Registered Organisations Act for copied State instruments
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Division 9—Regulations
768CA Regulations
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Part 6 4—Additional provisions relating to termination of employment
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Division 1—Introduction
769 Guide to this Part
770 Meanings of employee and employer
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Division 2—Termination of employment
771 Object of this Division
772 Employment not to be terminated on certain grounds
773 Application for the FWC to deal with a dispute
774 Time for application
775 Application fees
776 Dealing with a dispute (other than by arbitration)
777 Dealing with a dispute by arbitration
778 Taking a dispute to court
779 Appeal rights
779A Costs orders against parties
780 Costs orders against lawyers and paid agents
781 Applications for costs orders
781A Schedule of costs
782 Contravening costs orders
783 Reason for action to be presumed unless proved otherwise
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Division 3—Notification and consultation requirements relating to certain terminations of employment
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Subdivision A—Object of this Division
784 Object of this Division
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Subdivision B—Requirement to notify Centrelink
785 Employer to notify Centrelink of certain proposed terminations
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Subdivision C—Failure to notify or consult registered employee associations
786 FWC may make orders where failure to notify or consult registered employee associations about terminations
787 Orders that the FWC may make
788 Application to the FWC for order
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Subdivision D—Limits on scope of this Division
789 Limits on scope of this Division
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Part 6 4A—Special provisions about TCF outworkers
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Division 1—Introduction
789AA Guide to this Part
789AB Meanings of employee and employer
789AC Objects of this Part
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Division 2—TCF contract outworkers taken to be employees in certain circumstances
789BA Provisions covered by this Division
789BB TCF contract outworkers taken to be employees in certain circumstances
789BC Regulations relating to TCF outworkers who are taken to be employees
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Division 3—Recovery of unpaid amounts
789CA When this Division applies
789CB Liability of indirectly responsible entity for unpaid amount
789CC Demand for payment from an apparent indirectly responsible entity
789CD Court order for entity to pay amount demanded
789CE Effect of payment by entity (including entity’s right to recover from responsible person)
789CF Division does not limit other liabilities or rights
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Division 4—Code of practice relating to TCF outwork
789DA Regulations may provide for a code
789DB Matters that may be dealt with in TCF outwork code
789DC Persons on whom obligations may be imposed by TCF outwork code
789DD Other general matters relating to content of TCF outwork code
789DE Relationship between the TCF outwork code and other instruments
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Division 5—Miscellaneous
789EA Part not intended to exclude or limit State or Territory laws relating to outworkers
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Part 6 4B—Workers bullied at work
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Division 1—Introduction
789FA Guide to this Part
789FB Meanings of employee and employer
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Division 2—Stopping workers being bullied at work
789FC Application for an FWC order to stop bullying
789FD When is a worker bullied at work?
789FE FWC to deal with applications promptly
789FF FWC may make orders to stop bullying
789FG Contravening an order to stop bullying
789FH Actions under work health and safety laws permitted
789FI This Part is not to prejudice Australia’s defence, national security etc.
789FJ Declarations by the Chief of the Defence Force
789FK Declarations by the Director General of Security
789FL Declarations by the Director General of ASIS
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Part 6 4C—Coronavirus economic response
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Division 1—Introduction
789GC Definitions
789GCB 10% decline in turnover test
789GCC Designated quarter
789GCD 10% decline in turnover certificate
789GCA When employer qualifies for the jobkeeper scheme
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Division 7—Service
789GR Service
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Division 8—Accrual rules
789GS Accrual rules
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Division 10—Dealing with disputes
789GV FWC may deal with a dispute about the operation of this Part
789GW Contravening an FWC order dealing with a dispute about the operation of this Part
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Division 12—Protections
789GXA Misuse of jobkeeper enabling direction
789GXB 10% decline in turnover test—prohibited conduct
789GXC False statutory declaration
789GXD Federal Court may terminate a jobkeeper enabling direction if employer does not satisfy the 10% decline in turnover test
789GXE Federal Court may terminate a subsection 789GJD(2) agreement if employer does not satisfy the 10% decline in turnover test
789GY Protection of workplace rights
789GZ Relationship with other laws etc.
789GZA Redundancy
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Division 13—Review of this Part
789GZB Review of this Part
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Part 6 5—Miscellaneous
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Division 1—Introduction
790 Guide to this Part
791 Meanings of employee and employer
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Division 2—Miscellaneous
792 Delegation by Minister
793 Liability of bodies corporate
794 Signature on behalf of body corporate
795 Public sector employer to act through employing authority
795A The Schedules
796 Regulations—general
796A Regulations conferring functions
797 Regulations dealing with offences
798 Regulations dealing with civil penalties
799 Regulations dealing with infringement notices
800 Regulations dealing with exhibiting fair work instruments
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Schedule 1—Application, saving and transitional provisions relating to amendments of this Act
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Part 1—Amendments made by the Fair Work Amendment (Textile, Clothing and Footwear Industry) Act 2012
1 Definitions
2 Section 789BB of amended Act applies to contracts entered into after commencement
3 Effect on TCF contract outworker’s entitlements
4 Fair work instruments etc. made before commencement
5 Application of Division 3 of Part 6 4A of amended Act
6 Application of subsection 203(2A) of amended Act
7 Regulations dealing with various matters
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Part 2—Amendments made by the Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012
8 Definitions
9 Application of sections 149A and 155A of amended Act
10 FWC to vary certain modern awards
11 FWC to update text of certain modern awards
12 Application of paragraph 194(h) of amended Act
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Part 3—Amendments made by the Fair Work Amendment (Respect for Emergency Services Volunteers) Act 2016
13 Definitions
14 Application of amendments—objectionable emergency management terms
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Part 4—Amendments made by the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017
15 Definitions
16 Application of amendments—unreasonable requirements to spend or pay amounts
17 Saving of regulations—unreasonable deductions
18 Application of amendments—increasing maximum penalties for contraventions of certain civil remedy provisions
19 Application of amendments—responsibility of responsible franchisor entities and holding companies
20 Application of amendments—hindering or obstructing the Fair Work Ombudsman and inspectors etc.
21 Application of power to give FWO notices
22 Application of amendments relating to self incrimination etc.
23 Application of requirement for reports not to include information relating to an individual’s affairs
24 Application of amendments—false or misleading information or documents
24A Application of amendments—presumption where records not provided
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Part 5—Amendments made by the Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2018
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Division 1—General
25 Definitions
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Division 2—Amendments made by Schedule 1 to the amending Act
26 Incomplete review of modern award
27 Dismissing applications
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Division 3—Amendments made by Schedule 2 to the amending Act
28 Application of amendments—when employees have genuinely agreed to an enterprise agreement
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Division 4—Amendments made by Schedule 3 to the amending Act
29 Application of section 641B of the amended Act
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Part 6—Amendments made by the Fair Work Amendment (Corrupting Benefits) Act 2017
30 Disclosure by organisations and employers
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Part 8—Amendments made by the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018
39 Entitlement to unpaid family and domestic violence leave
40 Resolving uncertainties and difficulties about interaction between enterprise agreements and unpaid family and domestic violence leave
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Part 9—Amendments made by the Fair Work Amendment (Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures) Act 2020
41 Definitions
42 Amendments about stillbirth, death and hospitalisation of children
43 Amendments about flexible unpaid parental leave
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Part 10—Amendments made by the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021
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Division 1—Definitions
44 Definitions
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Division 2—Amendments made by Schedule 1 to the amending Act
45 Resolving uncertainties and difficulties about interaction between enterprise agreements and the definition of casual employee and casual conversion rights
46 Application of certain amendments
47 Transitioning casual employees
47A Casual employees of small business employers
48 Variations to modern awards
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Schedule 2—Amendments made by the Fair Work Amendment (Transfer of Business) Act 2012
1 Definitions
2 Application of the amendments made by the amending Act
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Schedule 3—Amendments made by the Fair Work Amendment Act 2012
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Part 1—Preliminary
1 Definitions
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Part 2—Default superannuation (Schedule 1)
2 Schedule 1 to the amending Act
2A Transitional provision—when first variations of default fund term take effect
2B Transitional provision—modern awards made on or after 1 January 2014
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Part 3—Modern awards (Schedule 3)
3 Part 1 of Schedule 3 to the amending Act
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Part 4—Enterprise agreements (Schedule 4)
4 Part 1 of Schedule 4 to the amending Act
5 Part 2 of Schedule 4 to the amending Act
6 Part 3 of Schedule 4 to the amending Act
7 Part 4 of Schedule 4 to the amending Act
8 Part 5 of Schedule 4 to the amending Act
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Part 5—General protections (Schedule 5)
9 Part 1 of Schedule 5 to the amending Act
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Part 6—Unfair dismissal (Schedule 6)
10 Part 1 of Schedule 6 to the amending Act
11 Part 2 of Schedule 6 to the amending Act
12 Part 3 of Schedule 6 to the amending Act
13 Part 4 of Schedule 6 to the amending Act
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Part 7—Industrial action (Schedule 7)
14 Part 1 of Schedule 7 to the amending Act
15 Part 2 of Schedule 7 to the amending Act
16 Part 3 of Schedule 7 to the amending Act
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Part 8—The Fair Work Commission (Schedule 8)
17 Part 1 of Schedule 8 to the amending Act
18 Part 2 of Schedule 8 to the amending Act
19 Part 4 of Schedule 8 to the amending Act
20 Part 5 of Schedule 8 to the amending Act
21 Part 6 of Schedule 8 to the amending Act
22 Part 7 of Schedule 8 to the amending Act
23 Part 8 of Schedule 8 to the amending Act
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Part 9—Changing the name of Fair Work Australia (Schedule 9)
24 Transitional provision—President
25 Transitional provision—Deputy President
26 Transitional provision—Commissioner
27 Transitional provision—Minimum Wage Panel Member
28 Operation of laws—things done by, or in relation to, FWA
29 Transitional provision—General Manager and staff of FWA
30 Operation of section 7 and subsection 25B(1) of the Acts Interpretation Act 1901 not limited
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Part 10—Other amendments (Schedule 10)
31 Part 1 of Schedule 10 to the amending Act
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Part 11—Regulations
32 Regulations about application, transitional and saving matters
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Schedule 4—Amendments made by the Fair Work Amendment Act 2013
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Part 1—Preliminary
1 Definition
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Part 2—Family friendly measures (Schedule 1)
2 Part 1 of Schedule 1 to the amending Act
3 Part 2 of Schedule 1 to the amending Act
4 Part 3 of Schedule 1 to the amending Act
5 Part 4 of Schedule 1 to the amending Act
6 Part 5 of Schedule 1 to the amending Act
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Part 3—Modern awards objective (Schedule 2)
7 Schedule 2 to the amending Act
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Part 4—Anti bullying measure (Schedule 3)
8 Schedule 3 to the amending Act
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Part 4A—Conferences (Schedule 3A)
8A Schedule 3A to the amending Act
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Part 5—Right of entry (Schedule 4)
9 Schedule 4 to the amending Act
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Part 6—Consent arbitration for general protections and unlawful termination (Schedule 4A)
10 Schedule 4A to the amending Act
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Part 7—The FWC (Schedule 5)
11 Item 4 of Schedule 5 to the amending Act
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Schedule 5—Amendments made by the Fair Work Amendment Act 2015
1 Definition
2 Part 1 of Schedule 1 to the amending Act
9 Part 5 of Schedule 1 to the amending Act
11 Part 7 of Schedule 1 to the amending Act
14 Part 10 of Schedule 1 to the amending Act
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history