FAIR WORK ACT 2009 - NOTES

FAIR WORK ACT 2009 - NOTES

No. 28, 2009

Compilation No. 57

Compilation date: 27 February 2024

Includes amendments: Act No. 2, 2024

Registered: 28 February 2024

This compilation is in 3 volumes

Volume 1: sections 1-257

Volume 2: sections 258-678

Volume 3: sections 679-800

 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 27 February 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.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Chapter 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

Subdivision A--Terms and conditions of employment provided under this Act

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

Subdivision A--Interaction between the National Employment Standards and a modern award or an enterprise agreement

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

Subdivision A--Application of Division

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

Subdivision A--General

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

Subdivision A--Paid personal/carer's 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

Subdivision A--Notice of termination or payment in lieu of notice

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

Subdivision A--Preliminary

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

Subdivision A--4 yearly reviews of default fund terms

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

Subdivision A--Exercise of powers if necessary to achieve modern awards objective

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

Subdivision A--Pre-approval steps and applications for the FWC's approval

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

Subdivision A--Variation of enterprise agreements by employers and employees: general circumstances

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

Subdivision A--Bargaining orders

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.

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section  15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history