Commonwealth Consolidated Acts Commonwealth Consolidated ActsA person must not contravene an order under this Part.
Note: This section is a civil remedy provision (see Part 4 - 1).
Fair Work A ct 2009
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 3B--Minimum standards for persons in a road transport contractual chain
Part 3B - 1--Core provisions for this Chapter
Division 1--Introduction
536NL Guide to this Part
536NM Meaning of employee and employer
536NN FWC to have regard to minimum standards objective
Division 2--Provisions relating to coverage and operation of road transport contractual chain orders and road transport contractual chain guidelines
Subdivision A--Coverage and operation of road transport contractual chain orders and guidelines
536NP Contravening a road transport contractual chain order
536NQ The significance of a road transport contractual chain order applying to a person
536NR When a road transport contractual chain order applies to a person
536NS When a road transport contractual chain order covers a person in a road transport contractual chain
536NT When a road transport contractual chain order is in operation
536NU When road transport contractual chain guidelines cover a person in a road transport contractual chain
536NV When road transport contractual chain guidelines are in operation
Division 3--Exclusion of certain State and Territory laws
536NW Exclusion of certain State and Territory laws
536NX What are workplace relations matters
536NY What is an unfairness ground
536NZ Interaction of road transport contractual chain orders with State and Territory laws
536P Authorisation of conduct for the purposes of the Competition and Consumer Act 2010
Part 3B - 2--Minimum standards for persons in a road transport contractual chain
Division 1--Introduction
536PB Guide to this Part
536PC Meaning of employee and employer
Division 2--Road transport contractual chain orders
Subdivision A--General matters
536PD Road transport contractual chain orders
536PE Applications for road transport contractual chain orders
Subdivision B--Matters relating to road transport contractual chain orders
536PF Particular matters FWC must take into account in making a decision on a road transport contractual chain order
Subdivision C--Consultation process for road transport contractual chain orders
536PG FWC to prepare and publish a draft of a road transport contractual chain order
536PH Affected entities to have a reasonable opportunity to make submissions on a draft road transport contractual chain order
536PJ Finalising draft order
536PK Decision not to make order based on the draft
Subdivision D--Decisions on road transport contractual chain orders and related matters
536PL Decisions on applications for road transport contractual chain orders
536PM Terms that must be included in a road transport contractual chain order
536PN Road transport contractual chain order must include term about interaction with minimum standards orders
536PP Term about settling disputes must be included in a road transport contractual chain order
536PQ Terms that may be included in a road transport contractual chain order
536PR Terms that must not be included in a road transport contractual chain order
536PS Applications to vary or revoke road transport contractual chain orders
536PT FWC may vary or revoke road transport contractual chain orders
Division 3--Deferral and suspension of road transport contractual chain orders
Subdivision A--Ministerial declarations to defer or suspend road transport contractual chain orders
536PU Minister may make a declaration deferring the operation or application of a road transport contractual chain order
536PV Limitations on making a deferral declaration
536PW Operation of a road transport contractual chain order during deferral
536PX Minister may make a declaration suspending a road transport contractual chain order
536PY Suspension declaration must be made within 12 months of certain dates
536PZ Operation of a road transport contractual chain order during suspension
536Q Consultation requirements
Subdivision B--FWC may defer or suspend road transport contractual chain orders
536QA Applications for a deferral determination for a road transport contractual chain order
536QB FWC may make a determination deferring the operation or application of a road transport contractual chain order
536QC Limitations on making a deferral determination
536QD Decision on an application for a deferral determination in relation to a road transport contractual chain order
536QE Operation of a road transport contractual chain order during deferral
536QF Applications for a suspension determination for a road transport contractual chain order
536QG FWC may make a determination suspending a road transport contractual chain order
536QH Decision on an application for a suspension determination in relation to a road transport contractual chain order
536QJ Operation of a road transport contractual chain order during suspension
Subdivision C--FWC must consider and decide whether to vary or revoke a deferred or suspended road transport contractual chain order
536QK FWC must consider whether to vary or revoke a road transport contractual chain order that has been deferred or suspended
Division 4--Consultation before varying or revoking road transport contractual chain order after a deferral declaration or deferral determination
536QL FWC to prepare and publish a notice relating to proposed variation or revocation of a road transport contractual chain order
536QM Affected entities to have a reasonable opportunity to make submissions and comment on a proposed variation or revocation of a road transport contractual chain order
536QN Finalising draft order
Division 5--Road transport contractual chain guidelines
536QP Road transport contractual chain guidelines
536QQ Applications for road transport contractual chain guidelines
536QR Decisions on applications for road transport contractual chain guidelines
536QS Road transport contractual chain guidelines not to be made if a road transport contractual chain order is in operation
536QT Terms that must be included in road transport contractual chain guidelines
536QU Terms that may be included in road transport contractual chain guidelines
536QV Terms that must not be included in road transport contractual chain guidelines
536QW FWC may vary or revoke road transport contractual chain guidelines
536QX Applications to vary or revoke road transport contractual chain guidelines
Chapter 4--Compliance and enforcement
Part 4 - 1--Civil remedies
Division 1--Introduction
537 Guide to this Part
538 Meanings of employee and employer
Division 2--Orders
Subdivision A--Applications for orders
539 Applications for orders in relation to contraventions of civil remedy provisions
540 Limitations on who may apply for orders etc.
541 Applications for orders in relation to safety net contractual entitlements
542 Entitlements under contracts
543 Applications for orders in relation to statutory entitlements derived from contracts
544 Time limit on applications
Subdivision B--Orders
545 Orders that can be made by particular courts
545A Orders relating to casual loading amounts
547 Interest up to judgment
Division 3--Small claims procedure
548 Plaintiffs may choose small claims procedure
Division 4--General provisions relating to civil remedies
549 Contravening a civil remedy provision is not an offence
550 Involvement in contravention treated in same way as actual contravention
551 Civil evidence and procedure rules for proceedings relating to civil remedy provisions
552 Civil proceedings after criminal proceedings
553 Criminal proceedings during civil proceedings
554 Criminal proceedings after civil proceedings
555 Evidence given in proceedings for pecuniary penalty not admissible in criminal proceedings
556 Civil double jeopardy
557 Course of conduct
557A Serious contravention of civil remedy provisions
557B Liability of bodies corporate for serious contravention
557C Presumption where records not provided
558 Regulations dealing with infringement notices
Division 4A--Responsibility of responsible franchisor entities and holding companies for certain contraventions
558A Meaning of franchisee entity and responsible franchisor entity
558B Responsibility of responsible franchisor entities and holding companies for certain contraventions
558C Right of responsible franchisor entity or holding company to recover
Division 5--Unclaimed money
559 Unclaimed money
Part 4 - 2--Jurisdiction and powers of courts
Division 1--Introduction
560 Guide to this Part
561 Meanings of employee and employer
Division 2--Jurisdiction and powers of the Federal Court
562 Conferring jurisdiction on the Federal Court
563 Exercising jurisdiction in the Fair Work Division of the Federal Court
564 No limitation on Federal Court's powers
565 Appeals from eligible State or Territory courts
Division 3--Jurisdiction and powers of the Federal Circuit and Family Court of Australia (Division 2)
566 Conferring jurisdiction on the Federal Circuit and Family Court of Australia (Division 2)
567 Exercising jurisdiction in the Fair Work Division of the Federal Circuit and Family Court of Australia (Division 2)
568 No limitation on powers of the Federal Circuit and Family Court of Australia (Division 2)
Division 4--Miscellaneous
569 Minister's entitlement to intervene
569A State or Territory Minister's entitlement to intervene
570 Costs only if proceedings instituted vexatiously etc.
571 No imprisonment for failure to pay pecuniary penalty
572 Regulations dealing with matters relating to court proceedings
Chapter 5--Administration
Part 5 - 1--The Fair Work Commission
Division 1--Introduction
573 Guide to this Part
574 Meanings of employee and employer
Division 2--Establishment and functions of the Fair Work Commission
Subdivision A--Establishment and functions of the Fair Work Commission
575 Establishment of the Fair Work Commission
576 Functions of the FWC
577 Performance of functions etc. by the FWC
578 Matters the FWC must take into account in performing functions etc.
579 FWC has privileges and immunities of the Crown
580 Protection of FWC Members
Subdivision B--Functions and powers of the President
581 Functions of the President
581A Dealing with a complaint about an FWC Member
581B Code of Conduct
582 Directions by the President
583 President not subject to direction
584 Delegation of functions and powers of the President
Subdivision C--Protection of persons involved in handling etc. complaints about FWC Members
584B Protection of persons involved in handling etc. complaints about FWC Members
Division 3--Conduct of matters before the FWC
Subdivision A--Applications to the FWC
585 Applications in accordance with procedural rules
586 Correcting and amending applications and documents etc.
587 Dismissing applications
588 Discontinuing applications
Subdivision B--Conduct of matters before the FWC
589 Procedural and interim decisions
590 Powers of the FWC to inform itself
591 FWC not bound by rules of evidence and procedure
592 Conferences
593 Hearings
594 Confidential evidence
595 FWC's power to deal with disputes
Subdivision C--Representation by lawyers and paid agents and Minister's entitlement to make submissions
596 Representation by lawyers and paid agents
597 Minister's entitlement to make submissions
597A State or Territory Minister's entitlement to make submissions
Subdivision D--Decisions of the FWC
598 Decisions of the FWC
599 FWC not required to decide an application in terms applied for
600 Determining matters in the absence of a person
601 Writing and publication requirements for the FWC's decisions
602 Correcting obvious errors etc. in relation to the FWC's decisions
602A Validation of approval of enterprise agreement
602B Validation of approval of variation of enterprise agreement
603 Varying and revoking the FWC's decisions
Subdivision E--Appeals, reviews and referring questions of law
604 Appeal of decisions
605 Minister's entitlement to apply for review of a decision
606 Staying decisions that are appealed or reviewed
607 Process for appealing or reviewing decisions
608 Referring questions of law to the Federal Court
Subdivision F--Miscellaneous
609 Procedural rules
610 Regulations dealing with any FWC matters
611 Costs
Division 4--Organisation of the FWC
Subdivision A--Functions etc. to be performed by a single FWC Member, a Full Bench or an Expert Panel
612 FWC's functions etc. may generally be performed by single FWC Member
613 Appeal of decisions
614 Review of decisions by a Full Bench
615 The President may direct a Full Bench to perform function etc.
615A When the President must direct a Full Bench to perform function etc.
615B Transfer to a Full Bench from an FWC Member
615C Transfer to the President from an FWC Member or a Full Bench
616 FWC's functions etc. that must be performed by a Full Bench
617 FWC's functions etc. that must be performed by an Expert Panel
617AA Full Bench and Expert Panel with identical membership
617A President may direct investigations and reports
617B Research must be published
Subdivision B--Constitution of the FWC by a single FWC Member, a Full Bench or an Expert Panel
618 Constitution and decision - making of a Full Bench
619 Seniority of FWC Members
620 Constitution and decision - making of an Expert Panel
621 Reconstitution of the FWC when single FWC Member becomes unavailable
622 Reconstitution of the FWC when FWC Member of a Full Bench or an Expert Panel becomes unavailable
623 When new FWC Members begin to deal with matters
624 FWC's decisions not invalid when improperly constituted
Subdivision C--Delegation of the FWC's functions and powers
625 Delegation by the President of functions and powers of the FWC
Division 5--FWC Members
Subdivision A--Appointment of FWC Members
626 Appointment of FWC Members
627 Qualifications for appointment of FWC Members
628 Basis of appointment of FWC Members
629 Period of appointment of FWC Members
Subdivision B--Terms and conditions of FWC Members
629A Status of the President
630 Appointment of a Judge not to affect tenure etc.
631 Dual federal and State appointments of Deputy Presidents or Commissioners
632 Dual federal and Territory appointments of Deputy Presidents or Commissioners
633 Outside work of FWC Members
634 Oath or affirmation of office
635 Remuneration of the President
636 Application of Judges' Pensions Act to the President
637 Remuneration of FWC Members other than the President
638 Remuneration of Deputy Presidents or Commissioners performing duties on a part - time basis
639 Leave of absence of FWC Members other than the President
640 Disclosure of interests by FWC Members other than the President
641 Termination of appointment on grounds of misbehaviour or incapacity
641A Minister may handle complaints about FWC Members
641B Modified application of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012
642 Suspension on grounds of misbehaviour or incapacity
643 Termination of appointment for bankruptcy, etc.
644 Termination of appointment for outside work
645 Resignation of FWC Members
646 Other terms and conditions of FWC Members
647 Appointment of acting President and Vice President
648 Appointment of acting Deputy Presidents and Commissioners
Division 6--Cooperation with the States
649 President to cooperate with prescribed State industrial authorities
650 Provision of administrative support
Division 7--Seals and additional powers and functions of the President and the General Manager
651 Seals
652 Annual report
653 Reports about making enterprise agreements, individual flexibility arrangements etc.
653A Arrangements with the Federal Court and the Federal Circuit and Family Court of Australia (Division 2)
654 President must provide certain information etc. to the Minister and Fair Work Ombudsman
655 Disclosure of information by the FWC
Division 8--General Manager, staff and consultants
Subdivision A--Functions of the General Manager
656 Establishment
657 Functions and powers of the General Manager
658 Directions from the President
659 General Manager not otherwise subject to direction
Subdivision B--Appointment and terms and conditions of the General Manager
660 Appointment of the General Manager
661 Remuneration of the General Manager
662 Leave of absence of the General Manager
663 Outside work of the General Manager
664 Disclosure of interests to the President
665 Resignation of the General Manager
666 Termination of appointment of the General Manager
667 Other terms and conditions of the General Manager
668 Appointment of acting General Manager
669 Minister to consult the President
Subdivision C--Staff and consultants
670 Staff
671 Delegation by General Manager to staff
672 Persons assisting the FWC
673 Consultants
Subdivision D--Application of the finance law
673A Application of the finance law
Division 9--Offences relating to the Fair Work Commission
674 Offences in relation to the FWC
675 Contravening an FWC order
676 Intimidation etc.
677 Offences in relation to attending before the FWC
678 False or misleading evidence
Part 5 - 2--Office of the Fair Work Ombudsman
Division 1--Introduction
679 Guide to this Part
680 Meanings of employee and employer
Division 2--Fair Work Ombudsman
Subdivision A--Establishment and functions and powers of the Fair Work Ombudsman
681 Establishment
682 Functions of the Fair Work Ombudsman
683 Delegation by the Fair Work Ombudsman
684 Directions from the Minister
685 Minister may require reports
686 Annual report
Subdivision B--Appointment and terms and conditions of the Fair Work Ombudsman
687 Appointment of the Fair Work Ombudsman
688 Remuneration of the Fair Work Ombudsman
689 Leave of absence of the Fair Work Ombudsman
690 Outside work of the Fair Work Ombudsman
692 Resignation of the Fair Work Ombudsman
693 Termination of appointment of the Fair Work Ombudsman
694 Other terms and conditions of the Fair Work Ombudsman
695 Appointment of acting Fair Work Ombudsman
Division 3--Office of the Fair Work Ombudsman
Subdivision A--Establishment of the Office of the Fair Work Ombudsman
696 Establishment of the Office of the Fair Work Ombudsman
Subdivision B--Staff and consultants etc.
697 Staff
698 Persons assisting the Fair Work Ombudsman
699 Consultants
Subdivision C--Appointment of Fair Work Inspectors
700 Appointment of Fair Work Inspectors
701 Fair Work Ombudsman is a Fair Work Inspector
702 Identity cards
Subdivision D--Functions and powers of Fair Work Inspectors--general
703 Conditions and restrictions on functions and powers
704 General directions by the Fair Work Ombudsman
705 Particular directions by the Fair Work Ombudsman
706 Purpose for which powers of inspectors may be exercised
707 When powers of inspectors may be exercised
707A Hindering or obstructing the Fair Work Ombudsman and inspectors etc.
Subdivision DA--Power to enter premises
708 Power of inspectors to enter premises
709 Powers of inspectors while on premises
710 Persons assisting inspectors
Subdivision DB--Powers to ask questions and require records and documents
711 Power to ask for person's name and address
712 Power to require persons to produce records or documents
712A Minister may nominate ART President or Deputy President to issue FWO notices
712AA Fair Work Ombudsman may apply to nominated ART President or Deputy President for FWO notice
712AB Issue of FWO notice
712AC Form and content of FWO notice
712AD Fair Work Ombudsman may give FWO notice to person in relation to whom it is issued and vary time for compliance
712AE Conduct of examination
712B Requirement to comply with FWO notice
712C Payment for expenses incurred in attending as required by an FWO notice
712D Protection from liability relating to FWO notices
712E Fair Work Ombudsman must notify Commonwealth Ombudsman of issue of FWO notice
712F Review and report by Commonwealth Ombudsman
Subdivision DC--Other rules relating to answers, records and documents
713 Self - incrimination etc.
713A Certain records and documents are inadmissible
713AA Legal professional privilege
714 Power to keep records or documents
714A Reports not to include information relating to an individual's affairs
Subdivision DD--Enforceable undertakings and compliance notices
715 Enforceable undertakings relating to contraventions of civil remedy provisions
716 Compliance notices
717 Review of compliance notices
Subdivision E--Disclosure of information by the Office of the Fair Work Ombudsman
718 Disclosure of information by the Office of the Fair Work Ombudsman
Subdivision F--False or misleading information or documents
718A False or misleading information or documents
Chapter 6--Miscellaneous
Part 6 - 1--Multiple actions
Division 1--Introduction
719 Guide to this Part
720 Meanings of employee and employer
Division 2--Certain actions not permitted if alternative action can be taken
721 Equal remuneration applications
722 Notification and consultation requirements applications
723 Unlawful termination applications
Division 3--Preventing multiple actions
Subdivision A--Equal remuneration applications
724 Equal remuneration applications
Subdivision B--Applications and complaints relating to dismissal
725 General rule
726 Dismissal remedy bargaining order applications
727 General protections FWC applications
728 General protections court applications
729 Unfair dismissal applications
730 Unlawful termination FWC applications
731 Unlawful termination court applications
732 Applications and complaints under other laws
733 Dismissal does not include failure to provide benefits
Subdivision C--General protections applications that do not relate to dismissal
734 General rule
Subdivision D--Sexual harassment applications
734A Sexual harassment court applications--interaction with sexual harassment FWC applications
734B Sexual harassment FWC applications and sexual harassment court applications--interaction with anti - discrimination laws
Subdivision DA--Actions relating to unfair deactivation or unfair termination
734BA Limitation on applications for remedy for unfair deactivation--other proceedings in progress
734BB Limitation on applications for remedy for unfair termination--other proceedings in progress
Subdivision E--Services contract actions
734C Limitation on applications for review of services contracts--other proceedings in progress
Part 6 - 2--Dealing with disputes
Division 1--Introduction
735 Guide to this Part
736 Meanings of employee and employer
Division 2--Dealing with disputes
Subdivision A--Model term about dealing with disputes
737 Model term about dealing with disputes
Subdivision B--Dealing with disputes
738 Application of this Division
739 Disputes dealt with by the FWC
740 Dispute dealt with by persons other than the FWC
Part 6 - 3--Extension of National Employment Standards entitlements
Division 1--Introduction
741 Guide to this Part
742 Meanings of employee and employer
Division 2--Extension of entitlement to unpaid parental leave and related entitlements
Subdivision A--Main provisions
743 Object of this Division
744 Extending the entitlement to unpaid parental leave and related entitlements
745 Contravening the extended parental leave provisions
746 References to the National Employment Standards include extended parental leave provisions
747 State and Territory laws that are not excluded
Subdivision B--Modifications of the extended parental leave provisions
748 Non - national system employees are not award/agreement free employees
749 Modification of meaning of base rate of pay for pieceworkers
750 Modification of meaning of full rate of pay for pieceworkers
751 Modification of meaning of ordinary hours of work --if determined by State industrial instrument
752 Modification of meaning of ordinary hours of work --if not determined by State industrial instrument
753 Modification of meaning of ordinary hours of work --regulations may prescribe usual weekly hours
754 Modification of meaning of pieceworker
755 Modification of provision about interaction with paid leave
756 Modification of provision about relationship between National Employment Standards and agreements
757 Modification of power to make regulations
Division 2A--Extension of entitlement to paid family and domestic violence leave
Subdivision A--Main provisions
757A Object of this Division
757B Extending the entitlement to paid family and domestic violence leave
757BA Employer obligations in relation to pay slips
757C Contravening the extended paid family and domestic violence leave provisions
757D References to the National Employment Standards include extended paid family and domestic violence leave provisions
757E State and Territory laws that are not excluded
Subdivision B--Modifications of the extended paid family and domestic violence leave provisions
757F Non - national system employees are not award/agreement free employees
757G Modification of meaning of full rate of pay for pieceworkers
757H Modification of meaning of pieceworker
757J Modification of provision about relationship between National Employment Standards and agreements
757K Modification of power to make regulations
Division 3--Extension of entitlement to notice of termination or payment in lieu of notice
Subdivision A--Main provisions
758 Object of this Division
759 Extending entitlement to notice of termination or payment in lieu of notice
760 Contravening the extended notice of termination provisions
761 References to the National Employment Standards include extended notice of termination provisions
762 State and Territory laws that are not excluded
Subdivision B--Modifications of the extended notice of termination provisions
763 Non - national system employees are not award/agreement free employees
764 Modification of meaning of full rate of pay for pieceworkers
765 Modification of meaning of pieceworker
766 Modification of provision about notice of termination by employee
767 Modification of provision about relationship between National Employment Standards and agreements
768 Modification of power to make regulations
Part 6 - 3A--Transfer of business from a State public sector employer
Division 1--Introduction
768AA Guide to this Part
768AB Meanings of employee and employer
Division 2--Copying terms of State instruments when there is a transfer of business
768AC What this Division is about
768AD When does a transfer of business occur?
768AE Meaning of transferring employee , termination time and re - employment time
Division 3--Copied State instruments
Subdivision A--Guide to this Division
768AF What this Division is about
Subdivision B--Copied State instruments
768AG Contravening a copied State instrument
768AH What is a copied State instrument?
768AI What is a copied State award?
768AJ What is a State award?
768AK What is a copied State employment agreement?
768AL What is a State employment agreement?
768AM When does a copied State instrument apply to a person?
768AN When does a copied State instrument cover a person?
768AO When is a copied State instrument in operation?
Division 4--Interaction between copied State instruments and the NES, modern awards and enterprise agreements
Subdivision A--Guide to this Division
768AP What this Division is about
Subdivision B--Interaction with the NES
768AQ Interaction between the NES and a copied State instrument
768AR Provisions of the NES that allow instruments to contain particular kinds of terms
Subdivision C--Interaction with modern awards
768AS Modern awards and copied State awards
768AT Modern awards and copied State employment agreements
Subdivision D--Interaction with enterprise agreements
768AU Enterprise agreements and copied State instruments
Division 5--Variation and termination of copied State instruments
Subdivision A--Guide to this Division
768AV What this Division is about
Subdivision B--Variation of copied State instruments
768AW Variation in limited circumstances
768AX Variation of copied State instruments
Subdivision C--Termination of copied State instruments
768AY Termination in limited circumstances
Division 6--FWC orders about coverage of copied State instruments and other instruments
Subdivision A--Guide to this Division
768AZ What this Division is about
768AZA Orders in relation to a transfer of business
Subdivision B--Coverage orders
768BA FWC orders about coverage for transferring employees
768BB FWC orders about coverage for employee organisations
Division 7--FWC orders about consolidating copied State instruments etc.
Subdivision A--Guide to this Division
768BC What this Division is about
768BCA Orders in relation to a transfer of business
Subdivision B--Consolidation orders in relation to transferring employees
768BD Consolidation orders in relation to transferring employees
768BE Consolidation order to deal with application and coverage
768BF Effect of this Act after a consolidation order is made
Subdivision C--Consolidation orders in relation to non - transferring employees
768BG Consolidation orders in relation to non - transferring employees
768BH Consolidation order to deal with application and coverage
768BI Effect of this Act after a consolidation order is made
Division 8--Special rules for copied State instruments
Subdivision A--Guide to this Division
768BJ What this Division is about
Subdivision B--Terms about disputes
768BK Where no term dealing with disputes
Subdivision C--Service and entitlements of a transferring employee
768BL Service for the purposes of this Act
768BM NES--working out non - accruing entitlements
768BN NES--working out accruing entitlements
768BO Copied State instrument--service
768BP Copied State instrument--working out non - accruing entitlements
768BQ Copied State instrument--working out accruing entitlements
Subdivision D--Cessation of copied State awards: avoiding reductions in take - home pay
768BR Cessation not intended to result in reduction in take - home pay
768BS Orders remedying reductions in take - home pay
768BT Contravening a take - home pay order
768BU How long a take - home pay order continues to apply
768BV Interaction of take - home pay orders with modern awards and enterprise agreements
768BW Application of this Act to take - home pay orders
Subdivision E--Modification of this Act
768BX Modification of this Act for copied State instruments
Subdivision F--Modification of the Transitional Act
768BY Modification of the Transitional Act for copied State instruments
Subdivision G--Modification of the Registered Organisations Act
768BZ Modification of the Registered Organisations Act for copied State instruments
Division 9--Regulations
768CA Regulations
Part 6 - 4--Additional provisions relating to termination of employment
Division 1--Introduction
769 Guide to this Part
770 Meanings of employee and employer
Division 2--Termination of employment
771 Object of this Division
772 Employment not to be terminated on certain grounds
773 Application for the FWC to deal with a dispute
774 Time for application
775 Application fees
776 Dealing with a dispute (other than by arbitration)
777 Dealing with a dispute by arbitration
778 Taking a dispute to court
779 Appeal rights
779A Costs orders against parties
780 Costs orders against lawyers and paid agents
781 Applications for costs orders
781A Schedule of costs
782 Contravening costs orders
783 Reason for action to be presumed unless proved otherwise
Division 3--Notification and consultation requirements relating to certain terminations of employment
Subdivision A--Object of this Division
784 Object of this Division
Subdivision B--Requirement to notify Centrelink
785 Employer to notify Centrelink of certain proposed terminations
Subdivision C--Failure to notify or consult registered employee associations
786 FWC may make orders where failure to notify or consult registered employee associations about terminations
787 Orders that the FWC may make
788 Application to the FWC for order
Subdivision D--Limits on scope of this Division
789 Limits on scope of this Division
Part 6 - 4A--Special provisions about TCF outworkers
Division 1--Introduction
789AA Guide to this Part
789AB Meanings of employee and employer
789AC Objects of this Part
Division 2--TCF contract outworkers taken to be employees in certain circumstances
789BA Provisions covered by this Division
789BB TCF contract outworkers taken to be employees in certain circumstances
789BC Regulations relating to TCF outworkers who are taken to be employees
Division 3--Recovery of unpaid amounts
789CA When this Division applies
789CB Liability of indirectly responsible entity for unpaid amount
789CC Demand for payment from an apparent indirectly responsible entity
789CD Court order for entity to pay amount demanded
789CE Effect of payment by entity (including entity's right to recover from responsible person)
789CF Division does not limit other liabilities or rights
Division 4--Code of practice relating to TCF outwork
789DA Regulations may provide for a code
789DB Matters that may be dealt with in TCF outwork code
789DC Persons on whom obligations may be imposed by TCF outwork code
789DD Other general matters relating to content of TCF outwork code
789DE Relationship between the TCF outwork code and other instruments
Division 5--Miscellaneous
789EA Part not intended to exclude or limit State or Territory laws relating to outworkers
Part 6 - 4B--Workers bullied at work
Division 1--Introduction
789FA Guide to this Part
789FB Meanings of employee and employer
Division 2--Stopping workers being bullied at work
789FC Application for an FWC order to stop bullying
789FD When is a worker bullied at work ?
789FE FWC to deal with applications promptly
789FF FWC may make orders to stop bullying
789FG Contravening an order to stop bullying
789FH Actions under work health and safety laws permitted
789FI This Part is not to prejudice Australia's defence, national security etc.
789FJ Declarations by the Chief of the Defence Force
789FK Declarations by the Director - General of Security
789FL Declarations by the Director - General of ASIS
Part 6 - 4C--Coronavirus economic response
Division 1--Introduction
789GC Definitions
789GCA When employer qualifies for the jobkeeper scheme
789GCB 10% decline in turnover test
789GCC Designated quarter
789GCD 10% decline in turnover certificate
Division 7--Service
789GR Service
Division 8--Accrual rules
789GS Accrual rules
Division 10--Dealing with disputes
789GV FWC may deal with a dispute about the operation of this Part
789GW Contravening an FWC order dealing with a dispute about the operation of this Part
Division 12--Protections
789GXA Misuse of jobkeeper enabling direction
789GXB 10% decline in turnover test--prohibited conduct
789GXC False statutory declaration
789GXD Federal Court may terminate a jobkeeper enabling direction if employer does not satisfy the 10% decline in turnover test
789GXE Federal Court may terminate a subsection 789GJD(2) agreement if employer does not satisfy the 10% decline in turnover test
789GY Protection of workplace rights
789GZ Relationship with other laws etc.
789GZA Redundancy
Division 13--Review of this Part
789GZB Review of this Part
Part 6 - 4D--The National Construction Industry Forum
789GZC Establishment
789GZD Function of the Forum
789GZE Membership
789GZF Appointment by the Minister
789GZG Chair of the Forum
789GZH Meetings
789GZJ Confidentiality
789GZK Substitute members
789GZL Invited participants
789GZM Remuneration
789GZN Resignation
789GZP Disclosure of interests
789GZQ Termination of appointment
Part 6 - 4E--Extension of anti - discrimination rules
Division 1--Breastfeeding, gender identity and intersex status
789HA Constitutional basis of this Division
789HB Extension of anti - discrimination rules
Division 2--Family and domestic violence
789HC Constitutional basis of this Division
789HD Extension of anti - discrimination rules
Part 6 - 5--Miscellaneous
Division 1--Introduction
790 Guide to this Part
791 Meanings of employee and employer
Division 2--Miscellaneous
792 Delegation by Minister
793 Liability of bodies corporate
794 Signature on behalf of body corporate
795 Public sector employer to act through employing authority
795A The Schedules
796 Regulations--general
796A Regulations conferring functions
797 Regulations dealing with offences
798 Regulations dealing with civil penalties
799 Regulations dealing with infringement notices
800 Regulations dealing with exhibiting fair work instruments