Commonwealth Consolidated Acts Commonwealth Consolidated Acts"Despite section" 46AA of the Acts Interpretation Act 1901 , an enterprise agreement may incorporate material contained in an instrument or other writing:
(a) as in force at a particular time; or
(b) as in force from time to time.
No. 28, 2009
Compilation No. 64
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024
This compilation is in 4 volumes
Volume 4: Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Fair Work Act 2009 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 2--Terms and conditions of employment
Part 2 - 5--Workplace determinations
Division 1--Introduction
258 Guide to this Part
259 Meanings of employee and employer
Division 3--Industrial action related workplace determinations
266 When the FWC must make an industrial action related workplace determination
267 Terms etc. of an industrial action related workplace determination
268 No other terms
Division 4--Intractable bargaining workplace determinations
269 When the FWC must make an intractable bargaining workplace determination
270 Terms etc. of an intractable bargaining workplace determination
270A Terms dealing with matters at issue
271 No other terms
Division 5--Core terms, mandatory terms and agreed terms of workplace determinations etc.
272 Core terms of workplace determinations
273 Mandatory terms of workplace determinations
274 Agreed terms for workplace determinations
275 Factors the FWC must take into account in deciding terms of a workplace determination
Division 6--Operation, coverage and interaction etc. of workplace determinations
276 When a workplace determination operates etc.
277 Employers, employees and employee organisations covered by a workplace determination
278 Interaction of a workplace determination with enterprise agreements etc.
279 Act applies to a workplace determination as if it were an enterprise agreement
Division 7--Other matters
280 Contravening a workplace determination
281 Applications by bargaining representatives
281AA Entitlement for volunteer bodies to make submissions
281A How employees, employers and employee organisations are to be described
Part 2 - 6--Minimum wages
Division 1--Introduction
282 Guide to this Part
283 Meanings of employee and employer
Division 2--Overarching provisions
284 The minimum wages objective
Division 3--Annual wage reviews
Subdivision A--Main provisions
285 Annual wage reviews to be conducted
286 When annual wage review determinations varying modern awards come into operation
287 When national minimum wage orders come into operation etc.
Subdivision B--Provisions about conduct of annual wage reviews
288 General
289 Everyone to have a reasonable opportunity to make and comment on submissions
290 President may direct investigations and reports
291 Research must be published
292 Varied wage rates must be published
Division 4--National minimum wage orders
293 Contravening a national minimum wage order
294 Content of national minimum wage order--main provisions
295 Content of national minimum wage order--other matters
296 Variation of national minimum wage order to remove ambiguity or uncertainty or correct error
297 When determinations varying national minimum wage orders come into operation
298 Special rule about retrospective variations of national minimum wage orders
299 When a national minimum wage order is in operation
Part 2 - 7--Equal remuneration
Division 1--Introduction
300 Guide to this Part
301 Meanings of employee and employer
Division 2--Equal remuneration orders
302 FWC may make an order requiring equal remuneration
303 Equal remuneration order may increase, but must not reduce, rates of remuneration
304 Equal remuneration order may implement equal remuneration in stages
305 Contravening an equal remuneration order
306 Inconsistency with modern awards, enterprise agreements and orders of the FWC
Part 2 - 7A--Regulated labour hire arrangement orders
Division 1--Introduction
306A Guide to this Part
306B Meanings of employee and employer
306C Meaning of regulated host
306D References to kinds of work and work performed for a person etc.
Division 2--Regulated labour hire arrangement orders
Subdivision A--Making regulated labour hire arrangement orders
306E FWC may make a regulated labour hire arrangement order
306EA Regulated labour hire arrangement order may cover additional arrangements
306EB Application of regulated labour hire arrangement order to new covered employment instrument
306EC Notification requirements in relation to new covered employment instrument
306ED Varying regulated labour hire arrangement order to cover new employers
306EE Notifying tenderers etc. of regulated labour hire arrangement order
Subdivision B--Obligations of employers and regulated hosts etc. when a regulated labour hire arrangement order is in force
306F Protected rate of pay payable to employees if a regulated labour hire arrangement order is in force
306G Exceptions from requirement to pay protected rate of pay
306H Obligations of regulated hosts covered by a regulated labour hire arrangement order
Subdivision C--Short - term arrangements
306J Determination altering exemption period for short - term arrangements
306K Determination of recurring extended exemption period
306L Making and effect of determinations under this Subdivision
Subdivision D--Alternative protected rate of pay orders
306M Making an alternative protected rate of pay order
306N Effect of alternative protected rate of pay order
Subdivision E--Termination payments
306NA Determining amounts of payments relating to termination of employment
Division 3--Dealing with disputes
306P Disputes about the operation of this Part
306Q Dealing with disputes by arbitration
306R Application fees
Division 4--Anti - avoidance
306S Preventing making of regulated labour hire arrangement orders
306SA Avoidance of application of regulated labour hire arrangement orders
306T Short - term arrangements--engaging other employees
306U Short - term arrangements--entering into other labour hire agreements
306V Engaging independent contractors
Division 5--Other matters
306W Guidelines
Part 2 - 8--Transfer of business
Division 1--Introduction
307 Guide to this Part
308 Meanings of employee and employer
309 Object of this Part
Division 2--Transfer of instruments
310 Application of this Division
311 When does a transfer of business occur
312 Instruments that may transfer
313 Transferring employees and new employer covered by transferable instrument
314 New non - transferring employees of new employer may be covered by transferable instrument
315 Organisations covered by transferable instrument
316 Transferring employees who are high income employees
Division 3--Powers of the FWC
317 FWC may make orders in relation to a transfer of business
318 Orders relating to instruments covering new employer and transferring employees
319 Orders relating to instruments covering new employer and non - transferring employees
320 Variation of transferable instruments
Part 2 - 9--Other terms and conditions of employment
Division 1--Introduction
321 Guide to this Part
322 Meanings of employee and employer
Division 2--Payment of wages etc.
323 Method and frequency of payment
324 Permitted deductions
325 Unreasonable requirements to spend or pay amount
326 Certain terms have no effect
327 Things given or provided, and amounts required to be spent or paid, in contravention of this Division
Division 3--Guarantee of annual earnings
328 Employer obligations in relation to guarantee of annual earnings
330 Guarantee of annual earnings and annual rate of guarantee
332 Earnings
333A Prospective employees
Division 4--Prohibiting pay secrecy
333B Employees not subject to pay secrecy
333C Pay secrecy terms to have no effect
333D Prohibition on pay secrecy terms
Division 5--Fixed term contracts
Subdivision A--Limitations on fixed term contracts
333E Limitations
333F Exceptions to limitations
333G Effect of entering prohibited fixed term contract
333H Anti - avoidance
Subdivision B--Other matters
333J Fixed Term Contract Information Statement
333K Giving new employees the Fixed Term Contract Information Statement
333L Disputes about the operation of this Division
Division 6--Employee right to disconnect
Subdivision A--Employee right to disconnect
333M Employee right to disconnect
Subdivision B--Disputes about the employee right to disconnect
333N Disputes about the employee right to disconnect
Subdivision C--Orders to stop refusing contact or to stop taking certain actions
333P Orders to stop refusing contact or to stop taking certain actions
333Q Contravening an order
333R Actions under work health and safety laws permitted
333S This Subdivision is not to prejudice Australia's defence, national security etc.
333T Declarations by the Director - General of Security
333U Declarations by the Director - General of ASIS
Subdivision D--Dealing with disputes in other ways
333V Dealing with disputes in other ways
Subdivision E--Guidelines
333W Guidelines
Chapter 3--Rights and responsibilities of employees, employers, organisations etc.
Part 3 - 1--General protections
Division 1--Introduction
334 Guide to this Part
335 Meanings of employee and employer
336 Objects of this Part
Division 2--Application of this Part
337 Application of this Part
338 Action to which this Part applies
338A Meaning of independent contractor
339 Additional effect of this Part
Division 3--Workplace rights
340 Protection
341 Meaning of workplace right
342 Meaning of adverse action
343 Coercion
344 Undue influence or pressure
345 Misrepresentations
Division 4--Industrial activities
346 Protection
347 Meaning of engages in industrial activity
348 Coercion
349 Misrepresentations
350 Inducements--membership action
350A Protection for workplace delegates
350B Protection for workplace delegates--regulated workers
350C Workplace delegates and their rights
Division 5--Other protections
351 Discrimination
352 Temporary absence--illness or injury
354 Coverage by particular instruments
355 Coercion--allocation of duties etc. to particular person
Division 6--Sham arrangements
Subdivision A--Independent contracting
357 Misrepresenting employment as independent contracting arrangement
358 Dismissing to engage as independent contractor
359 Misrepresentation to engage as independent contractor
Subdivision B--Casual employment
359B Dismissing to engage as casual employee
359C Misrepresentation to engage as casual employee
Division 7--Ancillary rules
360 Multiple reasons for action
361 Reason for action to be presumed unless proved otherwise
362 Advising, encouraging, inciting or coercing action
363 Actions of industrial associations
364 Unincorporated industrial associations
Division 8--Compliance
Subdivision A--Contraventions involving dismissal
365 Application for the FWC to deal with a dismissal dispute
366 Time for application
367 Application fees
368 Dealing with a dismissal dispute (other than by arbitration)
369 Dealing with a dismissal dispute by arbitration
370 Taking a dismissal dispute to court
Subdivision B--Other contraventions
372 Application for the FWC to deal with a non - dismissal dispute
373 Application fees
374 Conferences
375 Advice on general protections court application
Subdivision C--Appeals and costs orders
375A Appeal rights
375B Costs orders against parties
376 Costs orders against lawyers and paid agents
377 Applications for costs orders
377A Schedule of costs
378 Contravening costs orders
Part 3 - 2--Unfair dismissal
Division 1--Introduction
379 Guide to this Part
380 Meanings of employee and employer
381 Object of this Part
Division 2--Protection from unfair dismissal
382 When a person is protected from unfair dismissal
383 Meaning of minimum employment period
Division 3--What is an unfair dismissal
385 What is an unfair dismissal
386 Meaning of dismissed
387 Criteria for considering harshness etc.
388 The Small Business Fair Dismissal Code
389 Meaning of genuine redundancy
Division 4--Remedies for unfair dismissal
390 When the FWC may order remedy for unfair dismissal
391 Remedy--reinstatement etc.
392 Remedy--compensation
393 Monetary orders may be in instalments
Division 5--Procedural matters
394 Application for unfair dismissal remedy
395 Application fees
396 Initial matters to be considered before merits
397 Matters involving contested facts
398 Conferences
399 Hearings
399A Dismissing applications
400 Appeal rights
400A Costs orders against parties
401 Costs orders against lawyers and paid agents
402 Applications for costs orders
403 Schedule of costs
404 Security for costs
405 Contravening orders under this Part
Part 3 - 3--Industrial action
Division 1--Introduction
406 Guide to this Part
407 Meanings of employee and employer
Division 2--Protected industrial action
Subdivision A--What is protected industrial action
408 Protected industrial action
Subdivision B--Common requirements for industrial action to be protected industrial action
413 Common requirements that apply for industrial action to be protected industrial action
414 Notice requirements for industrial action
Subdivision C--Significance of industrial action being protected industrial action
415 Immunity provision
416 Employer response action--employer may refuse to make payments to employees
416A Employer response action does not affect continuity of employment
Division 3--No industrial action before nominal expiry date of enterprise agreement etc.
417 Industrial action must not be organised or engaged in before nominal expiry date of enterprise agreement etc.
Division 4--FWC orders stopping etc. industrial action
418 FWC must order that industrial action by employees or employers stop etc.
419 FWC must order that industrial action by non - national system employees or non - national system employers stop etc.
420 Interim orders etc.
421 Contravening an order etc.
Division 5--Injunction against industrial action if pattern bargaining is being engaged in
422 Injunction against industrial action if a bargaining representative is engaging in pattern bargaining
Division 6--Suspension or termination of protected industrial action by the FWC
423 FWC may suspend or terminate protected industrial action--significant economic harm etc.
424 FWC must suspend or terminate protected industrial action--endangering life etc.
425 FWC must suspend protected industrial action--cooling off
426 FWC must suspend protected industrial action--significant harm to a third party
427 FWC must specify the period of suspension
428 Extension of a period of suspension
429 Employee claim action without a further protected action ballot after a period of suspension etc.
430 Notice of employee claim action engaged in after a period of suspension etc.
Division 7--Ministerial declarations
431 Ministerial declaration terminating industrial action
432 Informing people of declaration
433 Ministerial directions to remove or reduce threat
434 Contravening a Ministerial direction
Division 8--Protected action ballots
Subdivision A--Introduction
435 Guide to this Division
436 Object of this Division
Subdivision B--Protected action ballot orders
437 Application for a protected action ballot order
437A Application for a protected action ballot order--multi - enterprise agreements
438 Restriction on when application may be made
439 Joint applications
440 Notice of application
441 Application to be determined within 2 days after it is made
442 Dealing with multiple applications together
443 When the FWC must make a protected action ballot order
444 Ballot agent and independent advisor
445 Notice of protected action ballot order
446 Protected action ballot order may require 2 or more protected action ballots to be held at the same time
447 Variation of protected action ballot order
448 Revocation of protected action ballot order
Subdivision BA--FWC must conduct conferences
448A FWC must conduct conferences
Subdivision C--Conduct of protected action ballot
449 Conduct of protected action ballot
450 Directions for conduct of protected action ballot
451 Timetable for protected action ballot
452 Compilation of roll of voters
453 Who is eligible to be included on the roll of voters
454 Variation of roll of voters
455 Protected action ballot papers
456 Who may vote in protected action ballot
457 Results of protected action ballot
458 Report about conduct of protected action ballot
Subdivision D--Effect of protected action ballot
459 Circumstances in which industrial action is authorised by protected action ballot
460 Immunity for persons who act in good faith on protected action ballot results
461 Validity of protected action ballot etc. not affected by technical breaches
Subdivision E--Compliance
462 Interferences etc. with protected action ballot
463 Contravening a protected action ballot order etc.
Subdivision F--Liability for costs of protected action ballot
464 Costs of protected action ballot conducted by the Australian Electoral Commission
465 Costs of protected action ballot conducted by protected action ballot agent other than the Australian Electoral Commission
466 Costs of legal challenges
Subdivision G--Miscellaneous
467 Information about employees on roll of voters not to be disclosed
468 Records
468A Eligible protected action ballot agents
469 Regulations
Division 9--Payments relating to periods of industrial action
Subdivision A--Protected industrial action
470 Payments not to be made relating to certain periods of industrial action
471 Payments relating to partial work bans
472 Orders by the FWC relating to certain partial work bans
473 Accepting or seeking payments relating to periods of industrial action
Subdivision B--Industrial action that is not protected industrial action
474 Payments not to be made relating to certain periods of industrial action
475 Accepting or seeking payments relating to periods of industrial action
Subdivision C--Miscellaneous
476 Other responses to industrial action unaffected
Division 10--Other matters
477 Applications by bargaining representatives
Part 3 - 4--Right of entry
Division 1--Introduction
478 Guide to this Part
479 Meanings of employee and employer
480 Object of this Part
Division 2--Entry rights under this Act
Subdivision A--Entry to investigate suspected contravention
481 Entry to investigate suspected contravention
482 Rights that may be exercised while on premises
483 Later access to record or document
483AA Application to the FWC for access to non - member records
Subdivision AA--Entry to investigate suspected contravention relating to TCF award workers
483A Entry to investigate suspected contravention relating to TCF award workers
483B Rights that may be exercised while on premises
483C Later access to record or document
483D Entry onto other premises to access records and documents
483E Later access to record or document--other premises
Subdivision B--Entry to hold discussions
484 Entry to hold discussions
Subdivision C--Requirements for permit holders
486 Permit holder must not contravene this Subdivision
487 Giving entry notice or exemption certificate
488 Contravening entry permit conditions
489 Producing authority documents
490 When right may be exercised
491 Occupational health and safety requirements
492 Location of interviews and discussions
492A Route to location of interview and discussions
493 Residential premises
Division 3--State or Territory OHS rights
494 Official must be permit holder to exercise State or Territory OHS right
495 Giving notice of entry
496 Contravening entry permit conditions
497 Producing entry permit
498 When right may be exercised
499 Occupational health and safety requirements
Division 4--Prohibitions
500 Permit holder must not hinder or obstruct
501 Person must not refuse or delay entry
502 Person must not hinder or obstruct permit holder etc.
503 Misrepresentations about things authorised by this Part
504 Unauthorised use or disclosure of information or documents
Division 5--Powers of the FWC
Subdivision A--Dealing with disputes
505 FWC may deal with a dispute about the operation of this Part
505A FWC may deal with a dispute about frequency of entry to hold discussions
506 Contravening order made to deal with dispute
Subdivision B--Taking action against permit holder
507 FWC may take action against permit holder
Subdivision C--Restricting rights of organisations and officials where misuse of rights
508 FWC may restrict rights if organisation or official has misused rights
509 Contravening order made for misuse of rights
Subdivision D--When the FWC must impose conditions on, revoke or suspend entry permits
510 When the FWC must impose conditions on, revoke or suspend entry permits
Subdivision E--General rules for suspending entry permits
511 General rules for suspending entry permits
Division 6--Entry permits, entry notices and certificates
Subdivision A--Entry permits
512 FWC may issue entry permits
513 Considering application
514 When the FWC must not issue permit
515 Conditions on entry permit
516 Expiry of entry permit
517 Return of entry permits to the FWC
Subdivision B--Entry notices
518 Entry notice requirements
Subdivision C--Exemption certificates
Subdivision D--Affected member certificates
520 Affected member certificates
Subdivision E--Miscellaneous
521 Regulations dealing with instruments under this Part
Division 7--Accommodation and transport arrangements in remote areas
521A Meaning of accommodation arrangement
521B Meaning of transport arrangement
521C Accommodation arrangements for remote areas
521D Transport arrangements for remote areas
Part 3 - 5--Stand down
Division 1--Introduction
522 Guide to this Part
523 Meanings of employee and employer
Division 2--Circumstances allowing stand down
524 Employer may stand down employees in certain circumstances
525 Employee not stood down during a period of authorised leave or absence
Division 3--Dealing with disputes
526 FWC may deal with a dispute about the operation of this Part
527 Contravening an FWC order dealing with a dispute about the operation of this Part
Part 3 - 5A--Prohibiting sexual harassment in connection with work
Division 1--Introduction
527A Guide to this Part
527B Meaning of employee and employer
527C Object of this Part
527CA Concurrent operation of State and Territory laws
Division 2--Prohibiting sexual harassment in connection with work
527D Prohibiting sexual harassment in connection with work
527E Vicarious liability etc.
Division 3--Dealing with sexual harassment disputes
Subdivision A--Applying for the FWC to deal with sexual harassment disputes
527F Application for the FWC to deal with a sexual harassment dispute
527G Time for application
527H Application fees
Subdivision B--Stop sexual harassment orders
527J Stop sexual harassment orders
527K Contravening a stop sexual harassment order
527L Actions under work health and safety laws permitted
527M This Subdivision is not to prejudice Australia's defence, national security etc.
527N Declarations by the Chief of the Defence Force
527P Declarations by the Director - General of Security
527Q Declarations by the Director - General of ASIS
Subdivision C--Dealing with sexual harassment disputes in other ways
527R Dealing with a sexual harassment dispute (other than by arbitration)
527S Dealing with a sexual harassment dispute by arbitration
527T Limitation on taking a sexual harassment dispute to court
Part 3 - 6--Other rights and responsibilities
Division 1--Introduction
528 Guide to this Part
529 Meanings of employee and employer
Division 2--Notification and consultation relating to certain dismissals
Subdivision A--Requirement to notify Centrelink
530 Employer to notify Centrelink of certain proposed dismissals
Subdivision B--Failure to notify or consult registered employee associations
531 FWC may make orders where failure to notify or consult registered employee associations about dismissals
532 Orders that the FWC may make
533 Application for an FWC order
Subdivision C--Limits on scope of this Division
534 Limits on scope of this Division
Division 3--Employer obligations in relation to employee records and pay slips
535 Employer obligations in relation to employee records
536 Employer obligations in relation to pay slips
Division 4--Employer obligations in relation to advertising rates of pay
536AA Employer obligations in relation to advertising rates of pay
Part 3 - 7--Corrupting benefits
Division 1--Introduction
536A Guide to this Part
536B Meanings of employee and employer
536C Concurrent operation of State and Territory laws
536CA Dishonesty
Division 2--Giving, receiving or soliciting corrupting benefits
536D Giving, receiving or soliciting a corrupting benefit
536E Meaning of registered organisations officer or employee
Division 3--Cash or in kind payments to employee organisations etc.
536F Giving a cash or in kind payment
536G Receiving or soliciting a cash or in kind payment
536H Implied freedom of political communication
Chapter 3A--Minimum standards for regulated workers
Part 3A - 1--Core provisions for this Chapter
Division 1--Introduction
536J Guide to this Part
536JA Meaning of employee and employer
Division 2--Provisions relating to coverage and operation of minimum standards orders, minimum standards guidelines and collective agreements
Subdivision A--Coverage and operation of minimum standards orders and guidelines
536JB Contravening a minimum standards order
536JC The significance of a minimum standards order applying to a person
536JD When a minimum standards order applies to a person
536JE When a minimum standards order covers a regulated worker or a regulated business
536JF When a minimum standards order is in operation
536JG When minimum standards guidelines cover a regulated worker or a regulated business
536JH When minimum standards guidelines are in operation
Subdivision B--Coverage and operation of collective agreements
536JJ Contravening a collective agreement
536JK The significance of a collective agreement applying to a person
536JL When a collective agreement applies to a person
536JM When a collective agreement covers a regulated worker, a regulated business or an organisation
536JN When a collective agreement is in operation
Division 3--Exclusion of certain State and Territory laws
536JP Exclusion of certain State and Territory laws
536JQ What are workplace relations matters
536JR What is an unfairness ground
536JS Interaction of minimum standards orders with State and Territory laws
536JT Authorisation of conduct for the purposes of the Competition and Consumer Act 2010
Part 3A - 2--Minimum standards for regulated workers
Division 1--Introduction
536JV Guide to this Part
536JW Meaning of employee and employer
Division 2--The minimum standards objective
536JX The minimum standards objective
Division 3--Minimum standards orders
Subdivision A--General matters
536JY Minimum standards orders
536JZ Applications for minimum standards orders
Subdivision B--Matters relating to employee - like worker minimum standards orders
536K Particular matters FWC must take into account in making a decision on an employee - like worker minimum standards order
Subdivision BA--Consultation process for employee - like worker minimum standards orders
536KAA FWC to prepare and publish a draft of an employee - like worker minimum standards order
536KAB Affected entities to have a reasonable opportunity to make submissions on a draft employee - like worker minimum standards order
536KAC Hearings in relation to draft order
536KAD Finalising draft order
536KAE Decision not to make order based on the draft
Subdivision C--Matters relating to road transport minimum standards orders
536KA Particular matters FWC must take into account in making a decision on a road transport minimum standards order
Subdivision D--Consultation process for road transport minimum standards orders
536KB FWC to prepare and publish a draft of a road transport minimum standards order
536KC Affected persons and bodies to have a reasonable opportunity to make and comment on a draft road transport minimum standards order
536KD Hearings in relation to draft order
536KE Finalising draft order
536KF Decision not to make order based on the draft
Subdivision E--Decisions on minimum standards orders
536KG Decisions on applications for minimum standards orders
536KH Terms that must be included in an employee - like worker minimum standards order
536KJ Terms that must be included in a road transport minimum standards order
536KK Term about settling disputes must be included in a minimum standards order
536KL Terms that may be included in a minimum standards order
536KM Terms that must not be included in a minimum standards order
536KMA Further terms that must not be included in an employee - like worker minimum standards order
536KN Further terms that must not be included in a road transport minimum standards order
536KO Achieving the minimum standards objective
536KP Applications to vary or revoke minimum standards orders
536KQ FWC may vary or revoke minimum standards orders if consistent with the minimum standards objective
Division 3A--Deferral and suspension of minimum standards orders
Subdivision A--Ministerial declarations to defer or suspend minimum standards orders
536KQA Minister may make a declaration deferring the operation or application of a minimum standards order
536KQB Limitations on making a deferral declaration
536KQC Operation of a minimum standards order during deferral
536KQD Minister may make a declaration suspending a minimum standards order
536KQE Suspension declaration must be made within 12 months of certain dates
536KQF Operation of a minimum standards order during suspension
536KQG Consultation requirements
Subdivision B--FWC may defer or suspend road transport minimum standards orders
536KQH Applications for a deferral determination for a road transport minimum standards order
536KQJ FWC may make a determination deferring the operation or application of a road transport minimum standards order
536KQK Limitations on making a deferral determination
536KQL Decision on an application for a deferral determination in relation to a road transport minimum standards orders
536KQM Operation of a road transport minimum standards order during deferral
536KQN Applications for a suspension determination for a road transport minimum standards order
536KQP FWC may make a determination suspending a road transport minimum standards order
536KQQ Decision on an application for a suspension determination in relation to a road transport minimum standards orders
536KQR Operation of a road transport minimum standards order during suspension
Subdivision C--FWC must consider and decide whether or not to vary or revoke a deferred or suspended minimum standards order
536KQS FWC must consider whether to vary or revoke a minimum standards order that has been deferred or suspended
Division 3B--Consultation before varying or revoking road transport minimum standards order after deferral
536KQT FWC to prepare and publish a notice relating to proposed variation or revocation of a road transport minimum standards order
536KQU Affected entities to have a reasonable opportunity to make submissions and comment on a proposed variation or revocation of a road transport minimum standards order
536KQV Finalising draft order
Division 3C--Consultation process before varying or revoking employee - like worker minimum standards orders after deferral
536KQW FWC to prepare and publish a notice relating to a proposed variation or revocation of an employee - like worker minimum standards order
536KQX Affected entities to have a reasonable opportunity to make submissions and comment on a proposed variation or revocation of an employee - like worker minimum standards order
536KQY Finalising draft order
Division 4--Minimum standards guidelines
536KR Minimum standards guidelines
536KS Applications for minimum standards guidelines
536KT Initial matter to be considered for employee - like worker minimum standards guidelines
536KU Decisions on applications for minimum standards guidelines
536KV Minimum standards guidelines not to be made if a minimum standards order is in operation
536KW Terms that must be included in minimum standards guidelines
536KX Terms that may be included in minimum standards guidelines
536KY Terms that must not be included in minimum standards guidelines
536KZ FWC may vary or revoke minimum standards guidelines if consistent with the minimum standards objective and the road transport objective
536L Applications to vary or revoke minimum standards guidelines
Part 3A - 3--Unfair deactivation or unfair termination of regulated workers
Division 1--Introduction
536LB Guide to this Part
536LC Object of this Part
Division 2--Protection from unfair deactivation or unfair termination
536LD When a person is protected from unfair deactivation
536LE When a person is protected from unfair termination
Division 3--What is an unfair deactivation or unfair termination
Subdivision A--Unfair deactivation
536LF What is an unfair deactivation
536LG Meaning of deactivated
536LH Criteria for considering whether a deactivation was unfair etc.
536LJ Minister to make a Digital Labour Platform Deactivation Code
Subdivision B--What is an unfair termination
536LK What is an unfair termination
536LL Meaning of terminated
536LM Criteria for considering whether a termination was unfair etc.
536LN Minister to make Road Transport Industry Termination Code
Division 4--Remedies
Subdivision A--Remedies for unfair deactivation
536LP When the FWC may order remedy for unfair deactivation
536LQ Remedy--reactivation etc.
Subdivision B--Remedies for unfair termination
536LR When the FWC may order remedy for unfair termination
536LS Remedy--new contract, etc.
536LT Remedy--compensation
Division 5--Procedural matters
536LU Application for unfair deactivation or unfair termination remedy
536LV Application fees
536LW Initial matters to be considered before merits
536LX Matters involving contested facts
536LY Conferences
536LZ Hearings
536M Dismissing applications
536MA Appeal rights
536MB Costs orders against parties
536MC Costs orders against lawyers and paid agents
536MD Applications for costs orders
536ME Schedule of costs
536MF Security for costs
536MG Contravening orders under this Part
Part 3A - 4--Collective agreements for regulated workers
Division 1--Introduction
536MH Guide to this Part
536MJ Object of this Part
Division 2--Regulated workers and regulated businesses may make collective agreements
536MK Making a collective agreement
536ML Notice of consultation period for a proposed collective agreement
536MM Consultation notice to be given to FWC, etc.
536MN Notice to be given to regulated workers
536MP Application for the FWC to deal with a dispute
536MQ Negotiating entity may request that other negotiating entity sign a proposed collective agreement
Division 3--Registration of collective agreements by the FWC
536MR Application to the FWC to register a collective agreement
536MS FWC must register collective agreement
Division 4--Variation of collective agreements
536MT Application for variation of a collective agreement
536MU FWC must vary collective agreement
Division 5--Termination of collective agreements
536MV FWC must be notified of termination
536MW FWC must register termination notice
Division 6--Other matters
536MX Terms of a collective agreement that are of no effect
Part 3A - 5--Unfair contract terms of services contracts
Division 1--Introduction
536MY Guide to this Part
536MZ Meaning of employee and employer
Division 2--Object of Part
536N Object of Part
Division 3--Orders in relation to unfair contract terms of services contracts
536NA When the FWC may make an order in relation to an unfair contract term of a services contract
536NB Matters to be considered in deciding whether a term of a services contract is an unfair contract term
536NC Remedy--order to set aside etc. contract
Division 4--Procedural matters
536ND Application for unfair contract term remedy
536NE Application fees
536NF Conferences
536NG Hearings
536NH Dismissing applications
536NJ Appeal rights
536NK Contravening orders under this Part