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Superseded version

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F2023C00325 C42

21 March 2023 - 30 May 2023

Table of contents

Chapter 1—Introduction
- Part 1 1—Introduction
- Division 1—Preliminary
- 1.01 Name of Regulations
- Part 1 2—Definitions
- Division 1—Introduction
- 1.03 Definitions
- Division 2—The Dictionary
- 1.04 Meaning of designated outworker term
- 1.05 Meaning of eligible State or Territory court
- 1.06 Meaning of prescribed State industrial authority
- 1.07 Meaning of serious misconduct
- 1.08 Meaning of TCF award
- Division 4—Other definitions
- 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
- Part 1 3—Application of the Act
- Division 2—Interaction with State and Territory laws
- 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
- Division 2A—Application of Act in a referring State
- 1.15A State public sector employer
- Division 3—Geographical application of the Act
- 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
- 1.15DA Modification of application of Act—Christmas Island and Cocos (Keeling) Islands
- 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)
- Division 4—Miscellaneous
- 1.16 Interaction between fair work instruments and public sector employment laws
Chapter 2—Terms and conditions of employment
- Part 2 2—The National Employment Standards
  - Division 12—Fair Work Ombudsman to prepare and publish statements
  - 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
- Division 2—Protection from unfair dismissal
  - 3.05 When a person is protected from unfair dismissal—high income threshold
- Division 4—Remedies for unfair dismissal
  - 3.06 Remedy—compensation (amount taken to have been received by the employee)
- Division 5—Procedural matters
  - 3.07 Application fees
  - 3.08 Schedule of costs
- Part 3 3—Industrial action
- Division 2—Protected industrial action
  - 3.09 Purposes prescribed for continuity of employment when employer response action occurs
- Division 6—Suspension or termination of protected industrial action by the FWC
  - 3.10 Persons who can apply for an order to suspend or terminate protected industrial action
- Division 8—Protected action ballots
- Division 9—Payments relating to periods of industrial action
- Part 3 4—Right of entry
- Division 2—Entry to investigate suspected contravention relating to TCF award workers
  - 3.24A Prescribed accreditation body
- Division 3—State or Territory OHS rights
  - 3.25 Meaning of State or Territory OHS law
- Division 6—Entry permits, entry notices and certificates
- Part 3 5A—Prohibiting sexual harassment connected with work
- Division 3—Dealing with sexual harassment disputes
  - 3.29A Applications for the FWC to deal with sexual harassment disputes—defence members
- 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
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 FWC 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 4D—Transitional matters relating to employers etc. ceasing to be national system employers etc.
  - Division 1—Western Australian local government employers etc.
- 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 made by the Fair Work Amendment (Paid Family and Domestic Violence Leave) Regulations 2023
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
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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