Fair Work Regulations 2009

In force

Administered by

Department of Employment and Workplace Relations

This item is authorised by the following title:

Fair Work Act 2009

Superseded version

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View as made version

F2013C00049 C15

01 January 2013 - 11 April 2013

Table of contents

1.01 Name of Regulations
1.02 Commencement
1.03 Definitions
1.04 Meaning of designated outworker term
1.06 Meaning of prescribed State industrial authority
1.07 Meaning of serious misconduct
1.08 Meaning of TCF award
1.09 Meaning of base rate of pay — pieceworkers (national system employee)
1.10 Meaning of base rate of pay — pieceworkers (enterprise agreement)
1.11 Meaning of ordinary hours of work for award/agreement free employees
1.12 Meaning of pieceworker
1.13 State and Territory laws that are not excluded by section 26 of the Act — prescribed laws
1.14 Act excludes prescribed State and Territory laws
1.15 Interaction of modern awards and enterprise agreements with State and Territory laws
1.15A State public sector employer
1.15B Definitions for Division 3
1.15C Meanings of Australian employer and Australian-based employee
1.15D Modification of application of Act — ships engaged in innocent passage
1.15E Extension of Act to the exclusive economic zone and the continental shelf — ships
1.15F Extension of Act beyond the exclusive economic zone and the continental shelf
1.15G Amendments made by Fair Work Amendment Regulation 2012 (No. 2)
1.16 Interaction between fair work instruments and public sector employment laws
2.01 Fair Work Ombudsman to prepare and publish Fair Work Information Statement — content
2.02 Fair Work Ombudsman to prepare and publish Fair Work Information Statement — manner of giving Statement to employees
2.03 What can be agreed to etc. in relation to award/agreement free employees
2.04 Notice of employee representational rights — how notice is given
2.05 Notice of employee representational rights — prescribed form
2.06 Appointment of bargaining representatives — independence
2.06A Bargaining representative must apply for FWC approval of an enterprise agreement — requirements for signing agreement
2.07 FWC may approve an enterprise agreement with undertakings — requirements for signing undertaking
2.08 Model flexibility term for enterprise agreement
2.09 Model consultation term for enterprise agreement
2.09A Requirements for signing variation of enterprise agreement
2.10 FWC may approve variation of enterprise agreement with undertaking — requirements for signing undertaking for variation
2.11 What a bargaining order must specify — bargaining order for reinstatement of employee
2.12 Certain terms have no effect — reasonable deductions
2.13 High Income threshold
3.01 Temporary absence — illness or injury
3.02 Application fees
3.03 Application fees
3.04 Schedule of costs
3.05 When a person is protected from unfair dismissal — high income threshold
3.06 Remedy — compensation (amount taken to have been received by the employee)
3.07 Application fees
3.08 Schedule of costs
3.09 Purposes prescribed for continuity of employment when employer response action occurs
3.11 FWC may decide on ballot agent other than the Australian Electoral Commission — requirements for protected action ballot agent
3.12 Requirements for independent advisor
3.13 Notice of protected action ballot order — notifying employees
3.14 Protected action ballot to be conducted by Australian Electoral Commission or other specified ballot agent — directions about ballot paper
3.15 Compilation of roll of voters
3.16 Protected action ballot papers—form
3.16A Conduct of protected action ballot by electronic voting
3.17 Report about conduct of protected action ballot — independent advisor
3.18 Conduct of protected action ballot — ballot papers
3.19 Conduct of protected action ballot — scrutiny of ballot
3.20 Conduct of protected action ballot — scrutineers
3.21 Payments relating to partial work bans — working out proportion of reduction of employee’s payments
3.22 Payments relating to partial work bans — form of partial work ban notice
3.23 Payments relating to partial work bans — content of partial work ban notice
3.24 Manner of giving notice about partial work ban
3.24A Prescribed accreditation body
3.25 Meaning of State or Territory OHS law
3.26 Form of entry permit
3.27 Form of entry notice
3.28 Form of exemption certificate
3.29 Form of affected member certificate
3.30 Employer to notify Centrelink of certain proposed dismissals — form of notice
3.31 Records — form
3.32 Records — content
3.33 Records — pay
3.34 Records — overtime
3.35 Records — averaging of hours
3.36 Records — leave
3.37 Records — superannuation contributions
3.38 Records — individual flexibility arrangement
3.39 Records — guarantee of annual earnings
3.40 Records — termination of employment
3.41 Records — transfer of business
3.42 Records — inspection and copying of a record
3.43 Records — information concerning a record
3.44 Records — accuracy
3.45 Pay slips — form
3.46 Pay slips — content
4.01A Applications for orders in relation to contraventions of civil remedy provisions
4.01 Plaintiffs may choose small claims procedure
4.02 General
4.03 Definitions for Division 4
4.03A Course of conduct
4.04 When an infringement notice can be given
4.05 Content of infringement notice
4.06 Time for payment of penalty
4.07 Extension of time to pay penalty
4.08 Withdrawal of infringement notice
4.09 Effect of payment of penalty
4.10 Refund of penalty
4.11 Unclaimed money
5.01 Delegation by President of functions and powers of FWC
5.01A Delegation by the President of functions and powers of FWC — prescribed members of staff of FWC
5.01B Appointment of Vice President
5.02 Dual federal and Territory appointments of Deputy Presidents or Commissioners
5.03 Oath and affirmation of office
5.04 President must provide certain information etc. to the Minister and Fair Work Ombudsman
5.04A Delegation by General Manager to staff
5.05 Powers and functions of inspectors — notification of failure to observe requirements
5.06 Powers of inspectors while on premises — taking samples of goods and substances
6.01 Model term about dealing with disputes
6.02 Modification of meaning of base rate of pay for pieceworkers (non-national system employees)
6.03 Meaning of pieceworker
6.03A FWA orders about coverage for employee organisations
6.03B Model term for dealing with disputes about matters arising under a copied State instrument
6.04 Temporary absence — illness or injury
6.05 Application fees
6.06 Schedule of costs
6.07 Employer to notify Centrelink of certain proposed terminations — form of notice
6.08 Public sector employer to act through employing authority — meaning of public sector employment
6.09 Public sector employer to act through employing authority — meaning of employing authority
6.10 No action for defamation in certain cases
- Schedule 2.1 Notice of employee representational rights
- Schedule 2.2 Model flexibility term
- Schedule 2.3 Model consultation term
- Schedule 3.1 Schedule of costs
- Part 1 Instructions
- Part 2 Documents
- Part 3 Drawing
- Part 4 Writing or typing legal letters
- Part 5 Copies
- Part 6 Perusal and scanning
- Part 7 Examination
- Part 8 Letters
- Part 9 Service
- Part 10 Preparation of appeal books
- Part 11 Attendances
- Part 12 General care and conduct
- Part 13 Fees for Counsel for solicitor appearing as Counsel
- Part 14 Witnesses’ expenses
- Part 15 Disbursements
- Schedule 3.2 Ballot papers
- Form 1 Ballot paper under Part 3 of Chapter 3
- Schedule 3.3 Forms relating to entry to premises
- Form 1 Entry permit to enter premises
- Form 2 Entry notice
- Form 3 Exemption certificates
- Form 4 Affected member certificate
- Schedule 3.4 Forms for certain dismissals
- Form 1 Notice to Centrelink of proposed dismissals
- Schedule 4.1 Form of claim for unclaimed money
- Schedule 5.1 Oath and affirmation of office
- Schedule 5.2 Information and copies of documents to be provided to the Minister and the Fair Work Ombudsman
- Part 1 Information and copies of documents to be provided to the Minister
- Part 2 Information and copies of documents to be provided to the Fair Work Ombudsman
- Schedule 6.1 Model term for dealing with disputes for enterprise agreements
- Schedule 6.1A Model term for dealing with disputes about matters arising under copied State instrument
Model term
- Schedule 6.2 Forms for certain terminations
  - Form 1 Notice to Centrelink of proposed terminations
- Schedule 6.3 Public sector employment — employing authorities
  - Notes to the STYLEREF Title Fair Work Regulations 2009

Fair Work Regulations 2009

Legislation text