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

Latest version

View as made version

F2025C01071 C55

01 November 2025

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
- Part 2-4—Enterprise agreements
- Part 2-9—Other terms and conditions of employment
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 3-5A—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 3A—Minimum standards for regulated workers
- Part 3A-1—Core provisions for this Chapter
  - Division 3—Exclusion of certain State and Territory laws
    - 3A.01 Exclusion of certain State and Territory laws
- Part 3A-2—Minimum standards for regulated workers
  - Division 3—Minimum standards orders
    - Subdivision E—Decisions on minimum standards orders
      - 3A.02 Further terms that must not be included in a road transport minimum standards order
- Part 3A-3—Unfair deactivation or unfair termination of regulated workers
  - Division 5—Procedural matters
    - 3A.03 Application fees
    - 3A.04 Schedule of costs
- Part 3A-5—Unfair contract terms of services contracts
  - Division 4—Procedural matters
    - 3A.05 Application fees
Chapter 3B—Minimum standards for persons in a road transport contractual chain
- Part 3B-1—Core provisions for this Chapter
  - Division 3—Exclusion of certain State and Territory laws
    - 3B.01 Exclusion of certain State and Territory laws
- Part 3B-2—Minimum standards for persons in a road transport contractual chain
  - Division 2—Road transport contractual chain orders
    - Subdivision D—Decisions on road transport contractual chain orders and related matters
      - 3B.02 Terms that must not be included in a road transport contractual chain order
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 6-1—Multiple actions
  - Division 3—Preventing multiple actions
    - Subdivision DA—Actions relating to unfair deactivation or unfair termination
      - 6.01A Limitation on applications for remedy for unfair deactivation—other proceedings in progress
      - 6.01B Limitation on applications for remedy for unfair termination—other proceedings in progress
    - Subdivision E—Services contract actions
      - 6.01C Limitation on applications for review of services contracts—other proceedings in progress
- 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—The National Construction Industry Forum
  - 6.07CA Travel allowances—prescribed rates
- Part 6-4DA—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
- Part 7-5—Amendments made by the Fair Work and Other Legislation Amendment (Secure Jobs, Better Pay) Regulations 2023
- Part 7-6—Amendments made by the Fair Work Amendment (Minor and Technical Measures) Regulations 2024
  - 7.10 Definitions for this Part
  - 7.11 Application of amendments—small claims proceedings
- Part 7-7—Amendments made by the Fair Work Amendment (Fixed Term Contracts) Regulations 2025
  - 7.12 Application of amendments
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
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history

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Fair Work Regulations 2009

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Fair Work Regulations 2009

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