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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
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F2014C00876
01 July 2014
-
02 April 2017
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Table of contents
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Chapter 1—Introduction
Part 1 1—Introduction
Division 1—Preliminary
1.01 Name of Regulations
1.02 Commencement
Part 1 2—Definitions
Division 1—Introduction
1.03 Definitions
Division 2—The Dictionary
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
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
1.15E 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
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Chapter 2—Terms and conditions of employment
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Part 2 2—The National Employment Standards
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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
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Division 13—Miscellaneous
2.03 What can be agreed to etc. in relation to award/agreement free employees
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Part 2 4—Enterprise agreements
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Division 3—Bargaining and representation during bargaining
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
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Division 4—Approval of enterprise agreements
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
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Division 8—FWC’s general role in facilitating bargaining
2.11 What a bargaining order must specify—bargaining order for reinstatement of employee
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Part 2 9—Other terms and conditions of employment
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Division 2—Payment of wages
2.12 Certain terms have no effect—reasonable deductions
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Division 3—Guarantee of annual earnings
2.13 High Income threshold
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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 5—Other protections
3.01 Temporary absence—illness or injury
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Division 8—Compliance
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Subdivision A—Contraventions involving dismissal
3.02 Application fees
Subdivision B—Other contraventions
3.03 Application fees
Subdivision C—Conference costs
3.04 Schedule of costs
Part 3 2—Unfair dismissal
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Division 2—Protection from unfair dismissal
3.05 When a person is protected from unfair dismissal—high income threshold
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Division 4—Remedies for unfair dismissal
3.06 Remedy—compensation (amount taken to have been received by the employee)
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Division 5—Procedural matters
3.07 Application fees
3.08 Schedule of costs
Part 3 3—Industrial action
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Division 2—Protected industrial action
3.09 Purposes prescribed for continuity of employment when employer response action occurs
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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
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Division 8—Protected action ballots
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
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Subdivision G—Miscellaneous
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
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Division 9—Payments relating to periods of industrial action
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
Part 3 4—Right of entry
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Division 2—Entry to investigate suspected contravention relating to TCF award workers
3.24A Prescribed accreditation body
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Division 3—State or Territory OHS rights
3.25 Meaning of State or Territory OHS law
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Division 6—Entry permits, entry notices and certificates
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
Part 3 6—Other rights and responsibilities
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Division 2—Notification and consultation relating to certain dismissals
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Subdivision A—Requirement to notify Centrelink
3.30 Employer to notify Centrelink of certain proposed dismissals—form of notice
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Division 3—Employer obligations in relation to employee records and pay slips
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Subdivision 1—Employee records
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
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Subdivision 2—Pay slips
3.45 Pay slips—form
3.46 Pay slips—content
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Chapter 4—Compliance and enforcement
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Part 4 1—Civil remedies
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Division 2—Orders
4.01A Applications for orders in relation to contraventions of civil remedy provisions
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Division 3—Small claims procedure
4.01 Plaintiffs may choose small claims procedure
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Division 4—General provisions relating to civil remedies and infringement notices
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
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Division 5—Unclaimed money
4.11 Unclaimed money
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Chapter 5—Administration
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Part 5 1—Fair Work Commission
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Division 5—FWC members
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
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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
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Part 5 2—Office of the Fair Work Ombudsman
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Division 3—Office of the Fair Work Ombudsman
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
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Chapter 6—Miscellaneous
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Part 6 2—Dealing with disputes
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Division 2—Dealing with disputes
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Subdivision A—Model term about dealing with disputes
6.01 Model term about dealing with disputes
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Part 6 3—Extension of National Employment Standards entitlements
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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
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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
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Part 6 4—Additional provisions relating to termination of employment
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Division 2—Termination of employment
6.04 Temporary absence—illness or injury
6.05 Application fees
6.06 Schedule of costs
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Division 3—Notification and consultation requirements relating to certain terminations of employment
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Subdivision B—Requirement to notify Centrelink
6.07 Employer to notify Centrelink of certain proposed terminations—form of notice
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Part 6 4B—Workers bullied at work
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Division 2—Stopping workers being bullied at work
6.07A Application fees
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Part 6 5—Miscellaneous
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Division 2—Miscellaneous
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Subdivision 1—Employment matters
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
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Schedule 2.3—Model consultation term
Model consultation term
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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
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Schedule 3.2—Ballot papers
Form 1—Ballot paper under Part 3 of Chapter 3
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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
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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
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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
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Schedule 6.2—Forms for certain terminations
Form 1—Notice to Centrelink of proposed terminations
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Schedule 6.3—Public sector employment—employing authorities
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]