FAIR WORK ACT 2009

Table of Provisions

• Long Title
 

CHAPTER 1--Introduction

PART 1-1--INTRODUCTION

Division 1--Preliminary

• 1 Short title  
• 2 Commencement  

Division 2--Object of this Act

• 3 Object of this Act  

Division 3--Guide to this Act

• 4 Guide to this Act  
• 5 Terms and conditions of employment (Chapter 2)  
• 6 Rights and responsibilities of employees, employers, organisations etc. (Chapter 3)  
• 7 Compliance and enforcement (Chapter 4)  
• 8 Administration (Chapter 5)  
• 9 Miscellaneous (Chapter 6)  
• 9A Application, transitional and saving provisions for amendments (Schedules)  

PART 1-2--DEFINITIONS

Division 1--Introduction

• 10 Guide to this Part  
• 11 Meanings of employee and employer  

Division 2--The Dictionary

• 12 The Dictionary  

Division 3--Definitions relating to the meanings of employee, employer etc.

• 13 Meaning of national system employee  
• 14 Meaning of national system employer  
• 14A Transitional matters relating to employers etc. becoming, or ceasing to be, national system employers etc.  
• 15 Ordinary meanings of employee and employer  
• 15AB Individual may elect that section 15AA does not apply  
• 15AC Effect of an opt out notice  
• 15AD Opt out notice may be revoked by an individual  
• 15A Meaning of casual employee  

Division 4--Other definitions

• 16 Meaning of base rate of pay  
• 17 Meaning of child of a person  
• 17A Meaning of directly and indirectly (in relation to TCF work)  
• 18 Meaning of full rate of pay  
• 19 Meaning of industrial action  
• 20 Meaning of ordinary hours of work for award/agreement free employees  
• 21 Meaning of pieceworker  
• 22 Meanings of service and continuous service  
• 23 Meaning of small business employer  
• 23A Terms relating to superannuation  
• 23B Meaning of general building and construction work  

PART 1-3--APPLICATION OF THIS ACT

Division 1--Introduction

• 24 Guide to this Part  
• 25 Meanings of employee and employer  

Division 2--Interaction with State and Territory laws

• 26 Act excludes State or Territory industrial laws  
• 27 State and Territory laws that are not excluded by section 26  
• 28 Act excludes prescribed State and Territory laws  
• 29 Interaction of modern awards and enterprise agreements with State and Territory laws  
• 30 Act may exclude State and Territory laws etc. in other cases  

Division 2A--Application of this Act in States that refer matters before 1 July 2009

• 30A Meaning of terms used in this Division  
• 30B Meaning of referring State  
• 30C Extended meaning of national system employee  
• 30D Extended meaning of national system employer  
• 30E Extended ordinary meanings of employee and employer  
• 30F Extended meaning of outworker entity  
• 30G General protections  
• 30H Division only has effect if supported by reference  

Division 2B--Application of this Act in States that refer matters after 1 July 2009 but on or before 1 January 2010

• 30K Meaning of terms used in this Division  
• 30L Meaning of referring State  
• 30M Extended meaning of national system employee  
• 30N Extended meaning of national system employer  
• 30P Extended ordinary meanings of employee and employer  
• 30Q Extended meaning of outworker entity  
• 30R General protections  
• 30S Division only has effect if supported by reference  

Division 3--Geographical application of this Act

• 31 Exclusion of persons etc. insufficiently connected with Australia  
• 32 Regulations may modify application of this Act in certain parts of Australia  
• 32A Rules may modify application of this Act in Norfolk Island  
• 33 Extension of this Act to the exclusive economic zone and the continental shelf  
• 34 Extension of this Act beyond the exclusive economic zone and the continental shelf  
• 35 Meanings of Australian employer and Australian - based employee  
• 35A Regulations excluding application of Act  
• 36 Geographical application of offences  

Division 4--Miscellaneous

• 37 Act binds Crown  
• 38 Act not to apply so as to exceed Commonwealth power  
• 39 Acquisition of property  
• 40 Interaction between fair work instruments and public sector employment laws  
• 40A Application of the Acts Interpretation Act 1901  
• 40B Effect of the Migration Act 1958  
 

CHAPTER 2--Terms and conditions of employment

PART 2-1--CORE PROVISIONS FOR THIS CHAPTER

Division 1--Introduction

• 41 Guide to this Part  
• 42 Meanings of employee and employer  

Division 2--Core provisions for this Chapter

• 43 Terms and conditions of employment provided under this Act  
Subdivision B--Terms and conditions of employment provided by the National Employment Standards
• 44 Contravening the National Employment Standards  
Subdivision C--Terms and conditions of employment provided by a modern award
• 45 Contravening a modern award  
• 46 The significance of a modern award applying to a person  
• 47 When a modern award applies to an employer, employee, organisation or outworker entity  
• 48 When a modern award covers an employer, employee, organisation or outworker entity  
• 49 When a modern award is in operation  
Subdivision D--Terms and conditions of employment provided by an enterprise agreement
• 50 Contravening an enterprise agreement  
• 51 The significance of an enterprise agreement applying to a person  
• 52 When an enterprise agreement applies to an employer, employee or employee organisation  
• 53 When an enterprise agreement covers an employer, employee or employee organisation  
• 54 When an enterprise agreement is in operation  

Division 3--Interaction between the National Employment Standards, modern awards and enterprise agreements

• 55 Interaction between the National Employment Standards and a modern award or enterprise agreement  
• 56 Terms of a modern award or enterprise agreement contravening section 55 have no effect  
Subdivision B--Interaction between modern awards and enterprise agreements
• 57 Interaction between modern awards and enterprise agreements  
• 57A Designated outworker terms of a modern award continue to apply  
Subdivision C--Interaction between one or more enterprise agreements
• 58 Only one enterprise agreement can apply to an employee  

PART 2-2--THE NATIONAL EMPLOYMENT STANDARDS

Division 1--Introduction

• 59 Guide to this Part  
• 60 Meanings of employee and employer  

Division 2--The National Employment Standards

• 61 The National Employment Standards are minimum standards applying to employment of employees  

Division 3--Maximum weekly hours

• 62 Maximum weekly hours  
• 63 Modern awards and enterprise agreements may provide for averaging of hours of work  
• 64 Averaging of hours of work for award/agreement free employees  

Division 4--Requests for flexible working arrangements

• 65 Requests for flexible working arrangements  
• 65A Responding to requests for flexible working arrangements  
• 65B Disputes about the operation of this Division  
• 65C Arbitration  
• 66 State and Territory laws that are not excluded  

Division 4A--Offers and requests for casual conversion

• 66A Division applies to casual employees etc.  
Subdivision B--Employer offers for casual conversion
• 66AA Subdivision does not apply to small business employers  
• 66B Employer offers  
• 66C When employer offers not required  
• 66D Employee must give a response  
• 66E Acceptances of offers  
Subdivision C--Residual right to request casual conversion
• 66F Employee requests  
• 66G Employer must give a response  
• 66H Refusals of requests  
• 66J Grants of requests  
Subdivision D--Other provisions
• 66K Effect of conversion  
• 66L Other rights and obligations  
• 66M Disputes about the operation of this Division  

Division 5--Parental leave and related entitlements

• 67 General rule--employee must have completed at least 12 months of service  
• 68 General rule for adoption - related leave--child must be under 16 etc.  
• 69 Transfer of employment situations in which employee is entitled to continue on leave etc.  
Subdivision B--Parental leave
• 70 Entitlement to unpaid parental leave  
• 71 The period of leave  
• 72A Flexible unpaid parental leave  
• 73 Pregnant employee may be required to take unpaid parental leave within 6 weeks before the birth  
• 74 Notice and evidence requirements  
• 75 Extending period of unpaid parental leave--extending to use more of available parental leave period  
• 76 Extending period of unpaid parental leave--extending for up to 12 months beyond available parental leave period  
• 76A Responding to requests for extension of unpaid parental leave  
• 76B Disputes about extension of period of unpaid parental leave  
• 76C Arbitration  
• 77 Reducing period of unpaid parental leave  
• 77A Effect of stillbirth or death of child on unpaid parental leave  
• 78 Employee who ceases to have responsibility for care of child  
• 78A Hospitalised children  
• 79 Interaction with paid leave  
• 79A Keeping in touch days  
• 79B Unpaid parental leave not extended by paid leave or keeping in touch days  
Subdivision C--Other entitlements
• 80 Unpaid special parental leave  
• 81 Transfer to a safe job  
• 81A Paid no safe job leave  
• 82 Employee on paid no safe job leave may be asked to provide a further medical certificate  
• 82A Unpaid no safe job leave  
• 83 Consultation with employee on unpaid parental leave  
• 84 Return to work guarantee  
• 84A Replacement employees  
• 85 Unpaid pre - adoption leave  

Division 6--Annual leave

• 86 Division applies to employees other than casual employees  
• 87 Entitlement to annual leave  
• 88 Taking paid annual leave  
• 89 Employee not taken to be on paid annual leave at certain times  
• 90 Payment for annual leave  
• 91 Transfer of employment situations that affect entitlement to payment for period of untaken paid annual leave  
• 92 Paid annual leave must not be cashed out except in accordance with permitted cashing out terms  
• 93 Modern awards and enterprise agreements may include terms relating to cashing out and taking paid annual leave  
• 94 Cashing out and taking paid annual leave for award/agreement free employees  

Division 7--Personal/carer's leave, compassionate leave and paid family and domestic violence leave

• 95 Subdivision applies to employees other than casual employees  
• 96 Entitlement to paid personal/carer's leave  
• 97 Taking paid personal/carer's leave  
• 98 Employee taken not to be on paid personal/carer's leave at certain times  
• 99 Payment for paid personal/carer's leave  
• 100 Paid personal/carer's leave must not be cashed out except in accordance with permitted cashing out terms  
• 101 Modern awards and enterprise agreements may include terms relating to cashing out paid personal/carer's leave  
Subdivision B--Unpaid carer's leave
• 102 Entitlement to unpaid carer's leave  
• 103 Taking unpaid carer's leave  
Subdivision C--Compassionate leave
• 104 Entitlement to compassionate leave  
• 105 Taking compassionate leave  
• 106 Payment for compassionate leave (other than for casual employees)  
Subdivision CA--Paid family and domestic violence leave
• 106A Entitlement to paid family and domestic violence leave  
• 106B Taking paid family and domestic violence leave  
• 106BA Payment for paid family and domestic violence leave  
• 106C Confidentiality  
• 106D Operation of paid family and domestic violence leave and leave for victims of crime  
• 106E Entitlement to days of leave  
Subdivision D--Notice and evidence requirements
• 107 Notice and evidence requirements  

Division 8--Community service leave

• 108 Entitlement to be absent from employment for engaging in eligible community service activity  
• 109 Meaning of eligible community service activity  
• 110 Notice and evidence requirements  
• 111 Payment to employees (other than casuals) on jury service  
• 112 State and Territory laws that are not excluded  

Division 9--Long service leave

• 113 Entitlement to long service leave  
• 113A Enterprise agreements may contain terms discounting service under prior agreements etc. in certain circumstances  

Division 10--Public holidays

• 114 Entitlement to be absent from employment on public holiday  
• 115 Meaning of public holiday  
• 116 Payment for absence on public holiday  

Division 10A--Superannuation contributions

• 116A Division does not apply to certain employees or employers in referring States  
• 116B Employer's obligation to make superannuation contributions  
• 116C Reduction of employer's liability to the extent of superannuation charge payments  
• 116D Preventing multiple actions  
• 116E Orders for compensation  

Division 11--Notice of termination and redundancy pay

• 117 Requirement for notice of termination or payment in lieu  
• 118 Modern awards and enterprise agreements may provide for notice of termination by employees  
Subdivision B--Redundancy pay
• 119 Redundancy pay  
• 120 Variation of redundancy pay for other employment or incapacity to pay  
• 121 Exclusions from obligation to pay redundancy pay  
• 122 Transfer of employment situations that affect the obligation to pay redundancy pay  
Subdivision C--Limits on scope of this Division
• 123 Limits on scope of this Division  

Division 12--Fair Work Ombudsman to prepare and publish statements

• 124 Fair Work Ombudsman to prepare and publish Fair Work Information Statement  
• 125 Giving new employees the Fair Work Information Statement  
• 125A Fair Work Ombudsman to prepare and publish Casual Employment Information Statement  
• 125B Giving new employees the Casual Employment Information Statement  

Division 13--Miscellaneous

• 126 Modern awards and enterprise agreements may provide for school - based apprentices and trainees to be paid loadings in lieu  
• 127 Regulations about what modern awards and enterprise agreements can do  
• 128 Relationship between National Employment Standards and agreements etc. permitted by this Part for award/agreement free employees  
• 129 Regulations about what can be agreed to etc. in relation to award/agreement free employees  
• 130 Restriction on taking or accruing leave or absence while receiving workers' compensation  
• 131 Relationship with other Commonwealth laws  

PART 2-3--MODERN AWARDS

Division 1--Introduction

• 132 Guide to this Part  
• 133 Meanings of employee and employer  

Division 2--Overarching provisions

• 134 The modern awards objective  
• 135 Special provisions relating to modern award minimum wages  

Division 3--Terms of modern awards

• 136 What can be included in modern awards  
• 137 Terms that contravene section 136 have no effect  
• 138 Achieving the modern awards objective  
Subdivision B--Terms that may be included in modern awards
• 139 Terms that may be included in modern awards--general  
• 140 Outworker terms  
• 141 Industry - specific redundancy schemes  
• 141A Terms permitting fixed term contracts  
• 142 Incidental and machinery terms  
Subdivision C--Terms that must be included in modern awards
• 143 Coverage terms of modern awards other than modern enterprise awards and State reference public sector modern awards  
• 143A Coverage terms of modern enterprise awards  
• 143B Coverage terms of State reference public sector modern awards  
• 144 Flexibility terms  
• 145 Effect of individual flexibility arrangement that does not meet requirements of flexibility term  
• 145A Consultation about changes to rosters or hours of work  
• 146 Terms about settling disputes  
• 147 Ordinary hours of work  
• 148 Base and full rates of pay for pieceworkers  
• 149 Automatic variation of allowances  
• 149B Term requiring avoidance of liability to pay superannuation guarantee charge  
• 149C Default fund terms  
• 149D Default fund term must provide for contributions to be made to certain funds  
• 149E Workplace delegates' rights  
Subdivision D--Terms that must not be included in modern awards
• 150 Objectionable terms  
• 151 Terms about payments and deductions for benefit of employer etc.  
• 152 Terms about right of entry  
• 153 Terms that are discriminatory  
• 154 Terms that contain State - based differences  
• 155 Terms dealing with long service leave  

Division 4A--4 yearly reviews of default fund terms of modern awards

• 156A 4 yearly reviews of default fund terms  
Subdivision B--The first stage of the 4 yearly review
• 156B Making the Default Superannuation List  
• 156C Applications to list a standard MySuper product  
• 156D Submissions on applications to list a standard MySuper product  
• 156E Determining applications to list a standard MySuper product  
• 156F First stage criteria  
Subdivision C--Second stage of the 4 yearly review
• 156G Review of the default fund term of modern awards  
• 156H Default fund term must specify certain superannuation funds  
• 156J Variation to comply with section 149D  
• 156K Transitional authorisation for certain superannuation funds  
Subdivision D--The Schedule of Approved Employer MySuper Products
• 156L The Schedule of Approved Employer MySuper Products  
• 156M FWC to invite applications to include employer MySuper products on schedule  
• 156N Making applications to include employer MySuper products on schedule  
• 156P FWC to determine applications  
• 156Q The first stage test  
• 156R Submissions about the first stage test  
• 156S The second stage test  
• 156T Submissions about the second stage test  
Subdivision E--Publishing documents under this Division
• 156U Publishing documents under this Division  

Division 5--Exercising modern award powers

• 157 FWC may vary etc. modern awards if necessary to achieve modern awards objective  
• 158 Applications to vary, revoke or make modern award  
Subdivision B--Other situations
• 159 Variation of modern award to update or omit name of employer, organisation or outworker entity  
• 159A Variation of default fund term of modern award  
• 160 Variation of modern award to remove ambiguity or uncertainty or correct error  
• 161 Variation of modern award on referral by Australian Human Rights Commission  

Division 6--General provisions relating to modern award powers

• 162 General  
• 163 Special criteria relating to changing coverage of modern awards  
• 164 Special criteria for revoking modern awards  
• 165 When variation determinations come into operation, other than determinations setting, varying or revoking modern award minimum wages  
• 166 When variation determinations setting, varying or revoking modern award minimum wages come into operation  
• 167 Special rules relating to retrospective variations of awards  
• 168 Varied modern award must be published  

Division 7--Additional provisions relating to modern enterprise awards

• 168A Modern enterprise awards  
• 168B The modern enterprise awards objective  
• 168C Rules about making and revoking modern enterprise awards  
• 168D Rules about changing coverage of modern enterprise awards  

Division 8--Additional provisions relating to State reference public sector modern awards

• 168E State reference public sector modern awards  
• 168F The State reference public sector modern awards objective  
• 168G Making State reference public sector modern awards on application  
• 168H State reference public sector modern awards may contain State - based differences  
• 168J When State reference public sector modern awards come into operation  
• 168K Rules about revoking State reference public sector modern awards  
• 168L Rules about varying coverage of State reference public sector modern awards  

PART 2-4--ENTERPRISE AGREEMENTS

Division 1--Introduction

• 169 Guide to this Part  
• 170 Meanings of employee and employer  
• 171 Objects of this Part  

Division 2--Employers and employees may make enterprise agreements

• 172 Making an enterprise agreement  
• 172A Special measures to achieve equality  

Division 3--Bargaining and representation during bargaining

• 173 Notice of employee representational rights  
• 174 Content and form of notice of employee representational rights  
• 176 Bargaining representatives for proposed enterprise agreements that are not greenfields agreements  
• 177 Bargaining representatives for proposed enterprise agreements that are greenfields agreements  
• 178 Appointment of bargaining representatives--other matters  
• 178A Revocation of appointment of bargaining representatives etc.  
• 178B Notified negotiation period for a proposed single - enterprise agreement that is a greenfields agreement  

Division 4--Approval of enterprise agreements

• 179 Disclosure by organisations that are bargaining representatives  
• 179A Disclosure by employers  
• 180 Certain pre - approval requirements  
• 180A Agreement of bargaining representatives that are employee organisations--proposed multi - enterprise agreements  
• 180B Agreement of bargaining representatives that are employee organisations--certain proposed single - enterprise agreements  
• 181 Employers may request employees to approve a proposed enterprise agreement  
• 182 When an enterprise agreement is made  
• 183 Entitlement of an employee organisation to have an enterprise agreement cover it  
• 184 Multi - enterprise agreement to be varied if not all employees approve the agreement  
• 185 Bargaining representative must apply for the FWC's approval of an enterprise agreement  
• 185A Material that must accompany an application under subsection 182(4) for approval of a greenfields agreement  
Subdivision B--Approval of enterprise agreements by the FWC
• 186 When the FWC must approve an enterprise agreement--general requirements  
• 187 When the FWC must approve an enterprise agreement--additional requirements  
• 188 Determining whether an enterprise agreement has been genuinely agreed to by employees  
• 188A Disclosure documents  
• 188B Statement of principles on genuine agreement  
• 189 FWC may approve an enterprise agreement that does not pass better off overall test--public interest test  
• 190 FWC may approve an enterprise agreement with undertakings  
• 191 Effect of undertakings  
• 191A FWC may approve an enterprise agreement with amendments  
• 191B Effect of amendment specified by FWC  
• 192 When the FWC may refuse to approve an enterprise agreement  
Subdivision C--Better off overall test
• 193 Passing the better off overall test  
• 193A Applying the better off overall test  
Subdivision D--Unlawful terms
• 194 Meaning of unlawful term  
• 195 Meaning of discriminatory term  
• 195A Meaning of objectionable emergency management term  
Subdivision E--Approval requirements relating to particular kinds of employees
• 196 Shiftworkers  
• 197 Pieceworkers--enterprise agreement includes pieceworker term  
• 198 Pieceworkers--enterprise agreement does not include a pieceworker term  
• 199 School - based apprentices and school - based trainees  
• 200 Outworkers  
Subdivision F--Other matters
• 201 Approval decision to note certain matters  

Division 5--Mandatory terms of enterprise agreements

• 202 Enterprise agreements to include a flexibility term etc.  
• 203 Requirements to be met by a flexibility term  
• 204 Effect of arrangement that does not meet requirements of flexibility term  
• 205 Enterprise agreements to include a consultation term etc.  
• 205A Enterprise agreements to include a delegates' rights term etc.  

Division 6--Base rate of pay under enterprise agreements

• 206 Base rate of pay under an enterprise agreement must not be less than the modern award rate or the national minimum wage order rate etc.  

Division 7--Variation and termination of enterprise agreements

• 207 Variation of an enterprise agreement may be made by employers and employees  
• 207A Agreement of employee organisations covered by the agreement  
• 208 Employers may request employees to approve a proposed variation of an enterprise agreement  
• 209 When a variation of an enterprise agreement is made  
• 210 Application for the FWC's approval of a variation of an enterprise agreement  
• 211 When the FWC must approve a variation of an enterprise agreement  
• 212 FWC may approve a variation of an enterprise agreement with undertakings  
• 213 Effect of undertakings  
• 213A FWC may approve variation with amendments  
• 213B Effect of amendment specified by FWC  
• 214 When the FWC may refuse to approve a variation of an enterprise agreement  
• 215 Approval decision to note undertakings  
• 215A Approval decision to note amendments  
• 216 When variation comes into operation  
Subdivision AA--Variation of supported bargaining agreement to add employer and employees (with consent)
• 216A Variation of supported bargaining agreement to add employer and employees  
• 216AAA Terms of variation must be explained to employees  
• 216AA Application for the FWC's approval of a variation of a supported bargaining agreement to add employer and employees  
• 216AB When the FWC must approve a variation of a supported bargaining agreement to add employer and employees  
• 216AC Determining whether the FWC would have been required to make a supported bargaining authorisation  
• 216AD Determining whether a variation of a supported bargaining agreement to add employer and employees has been genuinely agreed to by affected employees  
• 216AE When the FWC may refuse to approve a variation of a supported bargaining agreement to add employer and employees  
• 216AF When variation comes into operation  
Subdivision AB--Variation of supported bargaining agreement to add employer and employees (without consent)
• 216B Application for the FWC to vary a supported bargaining agreement to add employer and employees  
• 216BA When the FWC must make a variation of a supported bargaining agreement to add employer and employees  
• 216BB When the FWC may refuse to make a variation of a supported bargaining agreement to add employer and employees  
• 216BC When variation comes into operation  
Subdivision AC--Variation of cooperative workplace agreement to add employer and employees
• 216C Variation of cooperative workplace agreement to add employer and employees  
• 216CAA Terms of the variation must be explained to employees  
• 216CA Application for the FWC's approval of a variation of a cooperative workplace agreement to add employer and employees  
• 216CB When the FWC must approve a variation of a cooperative workplace agreement to add employer and employees  
• 216CC Determining whether a variation of a cooperative workplace agreement to add employer and employees has been genuinely agreed to by affected employees  
• 216CD When the FWC may refuse to approve a variation of a cooperative workplace agreement  
• 216CE When variation comes into operation  
Subdivision AD--Variation of single interest employer agreement to add employer and employees
• 216D Variation of single interest employer agreement to add employer and employees--joint variation  
• 216DAA Terms of variation must be explained to employees  
• 216DA Application for the FWC's approval of a variation of a single interest employer agreement to add employer and employees--joint variation  
• 216DB Application for the FWC's approval of a variation of a single interest employer agreement to add employer and employees--application by employee organisation  
• 216DC When the FWC must approve a variation of a single interest employer agreement to add employer and employees  
• 216DD Determining whether a variation of a single interest employer agreement to add employer and employees has been genuinely agreed to by affected employees  
• 216DE When the FWC may refuse to approve a variation of a single interest employer agreement  
• 216DF When variation comes into operation  
Subdivision AE--Variation of multi-enterprise agreement to remove employer and employees
• 216E Variation of multi - enterprise agreement to remove employer and employees with consent  
• 216EA Application for the FWC's approval of variation  
• 216EB When the FWC must approve variation of multi - enterprise agreement to remove employer and employees  
• 216EC When variation comes into operation  
• 216ED Effect of variation  
Subdivision B--Variations of enterprise agreements where there is ambiguity, uncertainty or discrimination
• 217 Variation of an enterprise agreement to remove an ambiguity or uncertainty  
• 217A FWC may deal with certain disputes about variations  
• 218 Variation of an enterprise agreement on referral by Australian Human Rights Commission  
Subdivision BA--Variation of enterprise agreements to correct or amend errors, defects or irregularities
• 218A Variation of enterprise agreements to correct or amend errors, defects or irregularities  
Subdivision C--Termination of enterprise agreements by employers and employees
• 219 Employers and employees may agree to terminate an enterprise agreement  
• 220 Employers may request employees to approve a proposed termination of an enterprise agreement  
• 221 When termination of an enterprise agreement is agreed to  
• 222 Application for the FWC's approval of a termination of an enterprise agreement  
• 223 When the FWC must approve a termination of an enterprise agreement  
• 224 When termination comes into operation  
Subdivision D--Termination of enterprise agreements after nominal expiry date
• 225 Application for termination of an enterprise agreement after its nominal expiry date  
• 226 Terminating an enterprise agreement after its nominal expiry date  
• 226A Guarantee of termination entitlements  
• 227 When termination comes into operation  

Division 7A--Reconsideration of whether an enterprise agreement passes the better off overall test

• 227A Application for FWC to reconsider whether an enterprise agreement passes the better off overall test  
• 227B Reconsideration of whether an enterprise agreement passes the better off overall test  
• 227C Effect of undertakings  
• 227D Effect of amendment  
• 227E No creation of liability to pay pecuniary penalty for past conduct  

Division 8--FWC's general role in facilitating bargaining

• 228 Bargaining representatives must meet the good faith bargaining requirements  
• 229 Applications for bargaining orders  
• 230 When the FWC may make a bargaining order  
• 231 What a bargaining order must specify  
• 232 Operation of a bargaining order  
• 233 Contravening a bargaining order  
Subdivision B--Intractable bargaining declarations
• 234 Applications for intractable bargaining declarations  
• 235 When the FWC may make an intractable bargaining declaration  
• 235A Post - declaration negotiating period  
Subdivision C--Majority support determinations and scope orders
• 236 Majority support determinations  
• 237 When the FWC must make a majority support determination  
• 238 Scope orders  
• 239 Operation of a scope order  
Subdivision D--FWC may deal with a bargaining dispute on request
• 240 Application for the FWC to deal with a bargaining dispute  
Subdivision E--Voting request orders
• 240A Application to FWC for voting request order  
• 240B FWC must make voting request order  

Division 9--Supported bargaining

• 241 Objects of this Division  
• 242 Supported bargaining authorisations  
• 243 When the FWC must make a supported bargaining authorisation  
• 243A Restrictions on making supported bargaining authorisations  
• 244 Variation of supported bargaining authorisations--general  
• 245 Variation of supported bargaining authorisations--enterprise agreement etc. comes into operation  
• 246 FWC's assistance  

Division 10--Single interest employer authorisations

• 248 Single interest employer authorisations  
• 249 When the FWC must make a single interest employer authorisation  
• 249A Restriction on making single interest employer authorisations  
• 250 What a single interest employer authorisation must specify  
• 251 Variation of single interest employer authorisations  
• 251A Restriction on variation of single interest employer authorisation  
• 252 Variation to extend period single interest employer authorisation is in operation  

Division 11--Other matters

• 253 Terms of an enterprise agreement that are of no effect  
• 254 Applications by bargaining representatives  
• 254A Entitlement for volunteer bodies to make submissions  
• 255 Part does not empower the FWC to make certain orders  
• 255A Limitations relating to greenfields agreements  
• 256 Prospective employers and employees  
• 256A How employees, employers and employee organisations are to be described  
• 257 Enterprise agreements may incorporate material in force from time to time etc.  
• 216AB When the FWC must approve a variation of a supported bargaining agreement to add employer and employees  
• 216AC Determining whether the FWC would have been required to make a supported bargaining authorisation  
• 216AD Determining whether a variation of a supported bargaining agreement to add employer and employees has been genuinely agreed to by affected employees  
Subdivision AC--Variation of cooperative workplace agreement to add employer and employees
• 216C Variation of cooperative workplace agreement to add employer and employees  
• 216CA Application for the FWC's approval of a variation of a cooperative workplace agreement to add employer and employees  
• 216CB When the FWC must approve a variation of a cooperative workplace agreement to add employer and employees  
• 216CC Determining whether a variation of a cooperative workplace agreement to add employer and employees has been genuinely agreed to by affected employees  
• 216CD When the FWC may refuse to approve a variation of a cooperative workplace agreement  
• 216CE When variation comes into operation  
• 216DD Determining whether a variation of a single interest employer agreement to add employer and employees has been genuinely agreed to by affected employees  
 

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

• 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

• 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  
• 329 High income employee  
• 330 Guarantee of annual earnings and annual rate of guarantee  
• 331 Guaranteed period  
• 332 Earnings  
• 333 High income threshold  
• 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

• 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  
 

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  
• 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  
• 350C Workplace delegates and their rights  

Division 5--Other protections

• 351 Discrimination  
• 352 Temporary absence--illness or injury  
• 353 Bargaining services fees  
• 354 Coverage by particular instruments  
• 355 Coercion--allocation of duties etc. to particular person  
• 356 Objectionable terms  

Division 6--Sham arrangements

• 357 Misrepresenting employment as independent contracting arrangement  
• 358 Dismissing to engage as independent contractor  
• 359 Misrepresentation to engage as independent contractor  

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

• 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  
• 384 Period of employment  

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

• 408 Protected industrial action  
• 409 Employee claim action  
• 410 Employee response action  
• 411 Employer response action  
• 412 Pattern bargaining  
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

• 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

• 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

• 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  
• 503 Misrepresentations about things authorised by this Part  
• 504 Unauthorised use or disclosure of information or documents  

Division 5--Powers of the FWC

• 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 revoke or suspend entry permits
• 510 When the FWC must 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

• 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
• 519 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

• 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

• 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 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

• 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  
• 546 Pecuniary penalty orders  
• 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

• 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

• 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

• 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

• 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

• 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  
 

CHAPTER 5--Administration

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

• 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

• 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 AAT presidential members to issue FWO notices  
• 712AA Fair Work Ombudsman may apply to nominated AAT presidential member 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

• 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  

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

• 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

• 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 3--Extension of entitlement to notice of termination or payment in lieu of notice

• 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

• 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

• 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

• 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

• 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.

• 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

• 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

• 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  
• SCHEDULE 1 Application, saving and transitional provisions relating to amendments of this Act
• SCHEDULE 2 Amendments made by the Fair Work Amendment (Transfer of Business) Act 2012
• SCHEDULE 3 Amendments made by the Fair Work Amendment Act 2012
• SCHEDULE 4 Amendments made by the Fair Work Amendment Act 2013
• SCHEDULE 5 Amendments made