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Superseded version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

F2020C00888 C32

19 September 2020 - 14 May 2021

Table of contents

Chapter 1—Introduction
- Part 1-1—Introduction
  - Division 1—Preliminary
    - 1.01 Name of Regulations
- Part 1-2—Definitions
- Part 1-3—Application of the Act
Chapter 2—Terms and conditions of employment
- Part 2-2—The National Employment Standards
  - Division 12—Fair Work Information Statements
    - 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
  - Division 13—Miscellaneous
    - 2.03 What can be agreed to etc. in relation to award/agreement free employees
    - 2.03A Claims to offset certain amounts
- Part 2-4—Enterprise agreements
- Part 2-9—Other terms and conditions of employment
  - Division 2—Payment of wages
    - 2.12 Certain terms have no effect—reasonable deductions
  - Division 3—Guarantee of annual earnings
    - 2.13 High Income threshold
Chapter 3—Rights and responsibilities of employees, employers, organisations etc.
- Part 3-1—General protections
  - Division 5—Other protections
    - 3.01 Temporary absence—illness or injury
  - Division 8—Compliance
- Part 3-2—Unfair dismissal
- Part 3-3—Industrial action
- Part 3-4—Right of entry
- Part 3-6—Other rights and responsibilities
  - Division 2—Notification and consultation relating to certain dismissals
    - Subdivision A—Requirement to notify Centrelink
      - 3.30 Employer to notify Centrelink of certain proposed dismissals—form of notice
  - Division 3—Employer obligations in relation to employee records and pay slips
    - Subdivision 1—Employee records
    - Subdivision 2—Pay slips
      - 3.45 Pay slips—form
      - 3.46 Pay slips—content
Chapter 4—Compliance and enforcement
- Part 4-1—Civil remedies
Chapter 5—Administration
- Part 5-1—Fair Work Commission
  - Division 5—FWC members
  - Division 7—Seals and additional powers of the President and the General Manager
    - 5.04 President must provide certain information etc. to the Minister and Fair Work Ombudsman
    - 5.04A Delegation by General Manager to staff
- Part 5-2—Office of the Fair Work Ombudsman
  - Division 3—Office of the Fair Work Ombudsman
Chapter 6—Miscellaneous
- Part 6-2—Dealing with disputes
  - Division 2—Dealing with disputes
    - Subdivision A—Model term about dealing with disputes
      - 6.01 Model term about dealing with disputes
- Part 6-3—Extension of National Employment Standards entitlements
  - Division 2—Extension of entitlement to unpaid parental leave and related entitlements
    - 6.02 Modification of meaning of base rate of pay for pieceworkers (non-national system employees)
    - 6.03 Meaning of pieceworker
- Part 6-3A—Transfer of business from State public sector employer
  - 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
- Part 6-4—Additional provisions relating to termination of employment
  - Division 2—Termination of employment
  - Division 3—Notification and consultation requirements relating to certain terminations of employment
    - Subdivision B—Requirement to notify Centrelink
      - 6.07 Employer to notify Centrelink of certain proposed terminations—form of notice
- Part 6-4B—Workers bullied at work
  - Division 2—Stopping workers being bullied at work
    - 6.07A Application fees
- Part 6-4C—Coronavirus economic response
  - Division 1—Introduction
    - 6.07B 10% decline in turnover test—modification
  - Division 5A—Flexibility provisions relating to employers previously entitled to jobkeeper payment
    - 6.07C Jobkeeper enabling stand down—employer previously entitled to jobkeeper payment for employee
- Part 6-5—Miscellaneous
  - Division 2—Miscellaneous
    - Subdivision 1—Employment matters
Chapter 7—Transitional provisions
- Part 7-1—Amendments made by the Fair Work Amendment (Notice of Employee Representational Rights) Regulations 2017
  - 7.01 Application of amendments—notice of employee representational rights
- Part 7-2—Amendments made by the Fair Work Amendment (Corrupting Benefits) Regulations 2017
  - 7.02 Application of amendments—disclosure of benefits by organisations and employers
- Part 7-3—Amendments made by the Fair Work Amendment (Casual Loading Offset) Regulations 2018
  - 7.03 Application of amendments—claims to offset certain amounts
- Part 7-4—Amendments relating to the variation of enterprise agreements (2020 amending instruments)
  - 7.04 Application of amendments—variation of enterprise agreements
  - 7.05 Repeal of Part 7-4—6 months after repeal of regulation 2.09B
Schedule 2.1—Notice of employee representational rights
Schedule 2.1A—Document for disclosure of benefits
Schedule 2.2—Model flexibility term
Schedule 2.3—Model consultation term
- 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 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 5.3—Forms for FWO Notices
- Form 1—FWO notice to give information
- Form 2—FWO notice to produce documents
- Form 3—FWO notice to attend and answer questions
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
Schedule 6.2—Forms for certain terminations
- Form 1—Notice to Centrelink of proposed terminations
Schedule 6.3—Public sector employment—employing authorities
- Endnotes

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Fair Work Regulations 2009

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Fair Work Regulations 2009

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