Commonwealth Consolidated Acts Commonwealth Consolidated ActsThe regulations may provide for the exhibiting, on the premises of an employer, of a fair work instrument or a term of a fair work instrument.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Schedule 1--Application, saving and transitional provisions relating to amendments of this Act
Part 1--Amendments made by the Fair Work Amendment (Textile, Clothing and Footwear Industry) Act 2012
2 Section 789BB of amended Act applies to contracts entered into after commencement
3 Effect on TCF contract outworker's entitlements
4 Fair work instruments etc. made before commencement
5 Application of Division 3 of Part 6 - 4A of amended Act
6 Application of subsection 203(2A) of amended Act
7 Regulations dealing with various matters
Part 2--Amendments made by the Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012
9 Application of sections 149A and 155A of amended Act
10 FWC to vary certain modern awards
11 FWC to update text of certain modern awards
12 Application of paragraph 194(h) of amended Act
Part 3--Amendments made by the Fair Work Amendment (Respect for Emergency Services Volunteers) Act 2016
13 Definitions
14 Application of amendments--objectionable emergency management terms
Part 4--Amendments made by the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017
15 Definitions
16 Application of amendments--unreasonable requirements to spend or pay amounts
17 Saving of regulations--unreasonable deductions
18 Application of amendments--increasing maximum penalties for contraventions of certain civil remedy provisions
19 Application of amendments--responsibility of responsible franchisor entities and holding companies
20 Application of amendments--hindering or obstructing the Fair Work Ombudsman and inspectors etc.
21 Application of power to give FWO notices
22 Application of amendments relating to self - incrimination etc.
23 Application of requirement for reports not to include information relating to an individual's affairs
24 Application of amendments--false or misleading information or documents
24A Application of amendments--presumption where records not provided
Part 5--Amendments made by the Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2018
Division 1--General
25 Definitions
Division 2--Amendments made by Schedule 1 to the amending Act
26 Incomplete review of modern award
Division 3--Amendments made by Schedule 2 to the amending Act
28 Application of amendments--when employees have genuinely agreed to an enterprise agreement
Division 4--Amendments made by Schedule 3 to the amending Act
29 Application of section 641B of the amended Act
Part 6--Amendments made by the Fair Work Amendment (Corrupting Benefits) Act 2017
30 Disclosure by organisations and employers
Part 8--Amendments made by the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018
39 Entitlement to unpaid family and domestic violence leave
40 Resolving uncertainties and difficulties about interaction between enterprise agreements and unpaid family and domestic violence leave
Part 9--Amendments made by the Fair Work Amendment (Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures) Act 2020
41 Definitions
42 Amendments about stillbirth, death and hospitalisation of children
43 Amendments about flexible unpaid parental leave
Part 10--Amendments made by the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Act 2021
Division 1--Definitions
44 Definitions
Division 2--Amendments made by Schedule 1 to the amending Act
45 Resolving uncertainties and difficulties about interaction between enterprise agreements and the definition of casual employee and casual conversion rights
46 Application of certain amendments
47 Transitioning casual employees
47A Casual employees of small business employers
48 Variations to modern awards
Part 11--Amendments made by the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021
49 Orders to stop bullying
49A Applications for orders to stop sexual harassment
50 Orders to stop sexual harassment
Part 12--Amendments made by the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022
51 Definitions
52 Entitlement to paid family and domestic violence leave
53 Resolving interactions between enterprise agreements and paid family and domestic violence leave
54 Entitlement to extended paid family and domestic violence leave provisions
Part 13--Amendments made by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022
Division 1--Definitions
55 Definitions
Division 2--Amendments made by Part 1 of Schedule 1 to the amending Act
56 Appeal of decisions of the Registered Organisations Commissioner
Division 3--Amendments made by Part 4 of Schedule 1 to the amending Act
57 Objects of the Act
Division 4--Amendments made by Part 5 of Schedule 1 to the amending Act
58 Equal remuneration
Division 5--Amendments made by Part 7 of Schedule 1 to the amending Act
59 Pay secrecy
Division 6--Amendments made by Part 8 of Schedule 1 to the amending Act
60 Prohibiting sexual harassment in connection with work
Division 7--Amendments made by Part 9 of Schedule 1 to the amending Act
61 Anti - discrimination and special measures
Division 8--Amendments made by Part 10 of Schedule 1 to the amending Act
62 Fixed term contracts
63 Resolving uncertainties and difficulties about interaction between enterprise agreements and the provisions of Division 5 of Part 2 - 9
Division 9--Amendments made by Part 11 of Schedule 1 to the amending Act
64 Requests for flexible working arrangements
Division 10--Amendments made by Part 12 of Schedule 1 to the amending Act
65 Termination of enterprise agreements after nominal expiry date
Division 11--Amendments made by Part 14 of Schedule 1 to the amending Act
66 Genuine agreement in relation to enterprise agreements
Division 12--Amendments made by Part 16 of Schedule 1 to the amending Act
67 The better off overall test
Division 13--Amendments made by Part 17 of Schedule 1 to the amending Act
68 Validation of approval of enterprise agreement
69 Validation of approval of variation of enterprise agreement
Division 14--Amendments made by Part 18 of Schedule 1 to the amending Act
70 Serious breach declarations
71 Intractable bargaining declarations
Division 15--Amendments made by Part 19 of Schedule 1 to the amending Act
Division 16--Amendments made by Part 21 of Schedule 1 to the amending Act
73 Variation of single interest employer agreement to add employer and employees
74 Application to existing applications for declarations
75 Application to existing Ministerial declarations where application for authorisation not made
76 Application to existing applications for authorisations
77 Effect of making a single interest employer authorisation
78 Application to existing applications to vary authorisations
78A Application to authorisations in operation before commencement
78B Application to certain authorisations made after commencement
78C Availability of scope orders
Division 17--Amendments made by Part 23 of Schedule 1 to the amending Act
80A Approval of enterprise agreement--requirement relating to genuine agreement of employers
81 Approval of cooperative workplace agreement--requirement relating to representation
82 Variation of cooperative workplace agreement to add employer and employees
Division 17A--Amendments made by Part 23A of Schedule 1 to the amending Act
82A Multi - enterprise agreements and general building and construction work
Division 18--Amendments made by Part 24 of Schedule 1 to the amending Act
83 Small claims procedure
Division 19--Amendments made by Part 25 of Schedule 1 to the amending Act
84 Employment advertisements
Division 20--Amendments made by Part 25B of Schedule 1 to the amending Act
85 Requests for extension of period of unpaid parental leave
Part 14--Amendments made by the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023
Division 1--Definitions
86 Definitions
Division 2--Amendments made by Schedule 2 to the amending Act
87 Amendments about unpaid parental leave
Division 3--Amendments made by Schedule 3 to the amending Act
88 Superannuation--reduction of employer's liability to the extent of superannuation charge payments
Division 4--Amendments made by Schedule 4 to the amending Act
89 Interaction of a workplace determination with an earlier enterprise agreement
Division 5--Amendments made by Schedule 5 to the amending Act
90 Employee authorised deductions
Part 15--Amendments made by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023
Division 1--Definitions
91 Definitions
Division 2--Amendments made by Part 2 of Schedule 1 to the amending Act
92 Application--section 121
Division 3--Amendments made by Part 6 of Schedule 1 to the amending Act
93 Application of amendments--regulated labour hire arrangement orders
Division 4--Amendments made by Part 7 of Schedule 1 to the amending Act
94 Application of section 149E of amended Act
95 FWC to vary certain modern awards
96 Application of section 205A of amended Act
97 Application of subsections 273(6) and (7) of amended Act
Division 5--Amendments made by Part 14 of Schedule 1 to the amending Act
98 Offence relating to failure to pay certain amounts as required
Division 6--Amendments made by Part 14A of Schedule 1 to the amending Act
99 Application of amendments
Part 16--Main amendments made by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024
Division 1--Definitions
100 Definitions
Division 2--Amendments made by Part 1 of Schedule 1 to the amending Act
101 Resolving uncertainties and difficulties about interaction between fair work instruments and the definition of casual employee and employee choice
102 Application of amendments
103 Transitional provision
Division 3--Amendments made by Part 4 of Schedule 1 to the amending Act
104 Replacement agreements
105 Variation of supported bargaining authorisations
106 Application of better off overall test to replacement agreements
Division 4--Amendments made by Part 5 of Schedule 1 to the amending Act
107 Model terms and enterprise agreements
108 Model terms and copied State instruments
109 Disallowance--model terms made before commencement
Division 5--Amendments made by Part 5A of Schedule 1 to the amending Act
110 Application of amendments--intractable bargaining workplace determinations
111 Application of amendments to intractable bargaining workplace determinations made before commencement
Division 5A--Amendments made by Part 8 of Schedule 1 to the amending Act
111A Definitions
111B Application of section 149F of the amended Act
111C FWC to vary certain modern awards
111D Application of amendments to small business employers
Division 6--Amendments made by Part 9 of Schedule 1 to the amending Act
112 Application of amendments
Division 7--Amendments made by Part 10 of Schedule 1 to the amending Act
113 Application of amendments--right of entry
Division 8--Amendments made by Part 11 of Schedule 1 to the amending Act
114 Penalties for contravention of civil remedy provisions
Part 17--Amendments made by Part 15 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024
Division 1--Definitions
115 Definitions
Division 2--Transitional provisions
116 Relationships in existence as at commencement or entered into on or after commencement
117 References to employees etc. in fair work instruments made before commencement
118 Entitlements determined by reference to length of a period of employment etc.
119 Old Act applies to proceedings on foot as at commencement
120 FWC power to deal with uncertainties or difficulties arising from the operation of section 15AA of the amended Act
Division 3--Regulations about transitional matters
121 General power for regulations to deal with transitional etc. matters
122 Other general provisions about regulations
Part 18--Amendments made by Part 16 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024
Division 1--Definitions
123 Definitions
Division 2--Transitional provisions
124 Unfair deactivation and unfair termination
125 New applications relating to unfair contracts
126 Services contracts entered into before commencement
Schedule 2--Amendments made by the Fair Work Amendment (Transfer of Business) Act 2012
2 Application of the amendments made by the amending Act
Schedule 3--Amendments made by the Fair Work Amendment Act 2012
Part 1--Preliminary
Part 2--Default superannuation (Schedule 1)
2 Schedule 1 to the amending Act
2A Transitional provision--when first variations of default fund term take effect
2B Transitional provision--modern awards made on or after 1 January 2014
Part 3--Modern awards (Schedule 3)
3 Part 1 of Schedule 3 to the amending Act
Part 4--Enterprise agreements (Schedule 4)
4 Part 1 of Schedule 4 to the amending Act
5 Part 2 of Schedule 4 to the amending Act
6 Part 3 of Schedule 4 to the amending Act
7 Part 4 of Schedule 4 to the amending Act
8 Part 5 of Schedule 4 to the amending Act
Part 5--General protections (Schedule 5)
9 Part 1 of Schedule 5 to the amending Act
Part 6--Unfair dismissal (Schedule 6)
10 Part 1 of Schedule 6 to the amending Act
11 Part 2 of Schedule 6 to the amending Act
12 Part 3 of Schedule 6 to the amending Act
13 Part 4 of Schedule 6 to the amending Act
Part 7--Industrial action (Schedule 7)
14 Part 1 of Schedule 7 to the amending Act
15 Part 2 of Schedule 7 to the amending Act
16 Part 3 of Schedule 7 to the amending Act
Part 8--The Fair Work Commission (Schedule 8)
17 Part 1 of Schedule 8 to the amending Act
18 Part 2 of Schedule 8 to the amending Act
19 Part 4 of Schedule 8 to the amending Act
20 Part 5 of Schedule 8 to the amending Act
21 Part 6 of Schedule 8 to the amending Act
22 Part 7 of Schedule 8 to the amending Act
23 Part 8 of Schedule 8 to the amending Act
Part 9--Changing the name of Fair Work Australia (Schedule 9)
24 Transitional provision--President
25 Transitional provision--Deputy President
26 Transitional provision--Commissioner
27 Transitional provision--Minimum Wage Panel Member
28 Operation of laws--things done by, or in relation to, FWA
29 Transitional provision--General Manager and staff of FWA
30 Operation of section 7 and subsection 25B(1) of the Acts Interpretation Act 1901 not limited
Part 10--Other amendments (Schedule 10)
31 Part 1 of Schedule 10 to the amending Act
Part 11--Regulations
32 Regulations about application, transitional and saving matters
Schedule 4--Amendments made by the Fair Work Amendment Act 2013
Part 1--Preliminary
Part 2--Family - friendly measures (Schedule 1)
2 Part 1 of Schedule 1 to the amending Act
3 Part 2 of Schedule 1 to the amending Act
4 Part 3 of Schedule 1 to the amending Act
5 Part 4 of Schedule 1 to the amending Act
6 Part 5 of Schedule 1 to the amending Act
Part 3--Modern awards objective (Schedule 2)
7 Schedule 2 to the amending Act
Part 4--Anti - bullying measure (Schedule 3)
8 Schedule 3 to the amending Act
Part 4A--Conferences (Schedule 3A)
8A Schedule 3A to the amending Act
Part 5--Right of entry (Schedule 4)
9 Schedule 4 to the amending Act
Part 6--Consent arbitration for general protections and unlawful termination (Schedule 4A)
10 Schedule 4A to the amending Act
Part 7--The FWC (Schedule 5)
11 Item 4 of Schedule 5 to the amending Act
Schedule 5--Amendments made by the Fair Work Amendment Act 2015
2 Part 1 of Schedule 1 to the amending Act
9 Part 5 of Schedule 1 to the amending Act
11 Part 7 of Schedule 1 to the amending Act
14 Part 10 of Schedule 1 to the amending Act
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history