FAIR WORK ACT 2009 - SECT 678 False or misleading evidence
FAIR WORK ACT 2009 - SECT 678
False or misleading evidenceGiving false or misleading evidence
(1) A person (the witness ) commits an offence if:
(a) the witness gives sworn or affirmed evidence; and
(b) the witness gives the evidence as a witness:
(i) in a matter before the FWC; or
(ii) before a person taking evidence on behalf of the FWC for use in a matter that the witness will start by application to the FWC; and
(c) the evidence is false or misleading.
Penalty: Imprisonment for 12 months.
Note: A person will not commit an offence if the person carries out the conduct constituting the offence under duress (see section 10.2 of the Criminal Code ).
Inducing or coercing another person to give false or misleading evidence
(2) A person (the offender ) commits an offence if:
(a) another person (the witness ) has been, or will be, required to appear as a witness in a matter before the FWC (whether the person is to appear before the FWC or a delegate of the FWC); and
(b) the offender induces, threatens or intimidates the witness to give false or misleading evidence in the matter.
Penalty: Imprisonment for 12 months.
This Part is about workplace determinations, which provide terms and conditions for those national system employees to whom they apply.
Division 3 deals with industrial action related workplace determinations. The FWC must make such a determination if:
(a) a termination of industrial action instrument is made in relation to a proposed enterprise agreement; and
(b) after the end of the post - industrial action negotiating period, the bargaining representatives for the agreement have not settled the matters that were at issue during bargaining for the agreement.
Division 4 deals with intractable bargaining workplace determinations. The FWC must make such a determination if:
(a) an intractable bargaining declaration is made in relation to a proposed enterprise agreement; and
(b) the bargaining representatives for the agreement have not settled the matters that were at issue during bargaining for the agreement.
Division 5 sets out the core terms, mandatory terms and agreed terms of workplace determinations. It also sets out the factors that the FWC must take into account in deciding the terms of a workplace determination.
Division 6 deals with the operation, coverage and interaction etc. of workplace determinations. It also provides that, subject to certain exceptions, this Act applies to a workplace determination that is in operation as if it were an enterprise agreement that is in operation.
Division 7 deals with other matters relating to workplace determinations.
This Part provides for the FWC (constituted by an Expert Panel) to set and vary minimum wages for national system employees. For employees covered by modern awards, minimum wages are specified in the modern award. For award/agreement free employees, minimum wages are specified in the national minimum wage order.
Division 2 provides for the minimum wages objective. This requires the FWC to establish and maintain a safety net of fair minimum wages, taking into account certain social and economic factors.
Division 3 provides for the FWC (constituted by an Expert Panel) to conduct annual wage reviews. In an annual wage review, the FWC may set or vary minimum wages in modern awards, and must make a national minimum wage order. Minimum wages in modern awards can also be set, or varied (in limited circumstances), under Part 2 - 3 (which deals with modern awards).
Division 4 provides for national minimum wage orders and requires employers to comply with them. The orders set the national minimum wage, as well as special national minimum wages for junior employees, employees to whom training arrangements apply and employees with a disability. The orders also set the casual loading for award/agreement free employees.
National minimum wages and special national minimum wages apply to award/agreement free employees. However, they are also relevant to other employees as follows:
(a) in setting or varying modern award minimum wages, the FWC must take the national minimum wage into account (see subsection 135(2) (in Part 2 - 3) and subsection 285(3) (in this Part));
(b) for an employee who is not covered by a modern award and to whom an enterprise agreement applies, the employee's base rate of pay under the agreement must not be less than the relevant national minimum wage or special national minimum wage (see subsection 206(3) (in Part 2 - 4)).
For an employee who is covered by a modern award and to whom an enterprise agreement applies, the employee's base rate of pay under the agreement must not be less than the base rate of pay that would have been payable to the employee if the award applied (see subsection 206(1) (in Part 2 - 4)).
This Part is about regulated labour hire arrangement orders.
Division 2 deals with the making of regulated labour hire arrangement orders by the FWC and sets out the obligations of employers and regulated hosts covered by those orders.
Division 2 also deals with the making of alternative protected rate of pay orders by the FWC, the continued application of regulated labour hire arrangement orders in particular circumstances, and certain payments relating to termination of employment.
Division 3 deals with disputes about the operation of this Part.
Division 4 is about anti - avoidance.
Division 5 requires the FWC to make written guidelines in relation to the operation of this Part.
This Part provides for the transfer of enterprise agreements, certain modern awards and certain other instruments if there is a transfer of business from one national system employer to another national system employer. (For a transfer of business from a non - national system employer that is a State public sector employer to a national system employer, see Part 6 - 3A.)
Division 2 describes when a transfer of business occurs and defines the following key concepts: old employer , new employer , transferring work , transferring employee and transferable instrument .
Division 2 also sets out the circumstances in which enterprise agreements, certain modern awards and certain other instruments that covered the old employer and the transferring employees (including high income employees) cover the new employer, the transferring employees and certain non - transferring employees and organisations.
Division 3 provides for the FWC to make orders in relation to a transfer of business.
This Part deals with other terms and conditions of employment.
Division 2 is about the frequency and methods of payment of amounts payable to national system employees in relation to the performance of work, and the circumstances in which a national system employer may make deductions from such amounts.
Division 3 is about the guarantee of annual earnings that may be given to a national system employee whose earnings exceed the high income threshold. Modern awards do not apply to such an employee.
Division 4 is about the disclosure of remuneration and other matters relevant to remuneration outcomes. Terms of contracts of employment, and other instruments, that purport to prohibit such disclosures are prohibited.
Division 5 is about fixed term contracts.
A contract of employment must not include a term that provides the contract will terminate at the end of an identifiable period if:
(a) the period is greater than 2 years; or
(b) the contract can be renewed so that the employee is employed for more than 2 years; or
(c) in certain circumstances, the employee is employed under consecutive contracts.
However, such a term may be included in some circumstances, including where a modern award permits the term.
The Fair Work Ombudsman must prepare a Fixed Term Contract Information Statement, which must be given to certain current and prospective employees.
This Part provides general workplace protections.
Division 2 sets out the circumstances in which this Part applies.
Division 3 protects workplace rights, and the exercise of those rights.
Division 4 protects freedom of association, involvement in lawful industrial activities, and the exercise of workplace delegates' rights.
Division 5 provides other protections, including protection from discrimination.
Division 6 deals with sham arrangements.
Division 7 sets out rules for the purposes of establishing contraventions of this Part.
Division 8 deals with compliance. In most cases, a general protections dispute that involves dismissal will be dealt with by a court only if the dispute has not been resolved by the FWC.
This Part is about the unfair dismissal of national system employees, and the granting of remedies for unfair dismissal.
Division 2 sets out when a person is protected from unfair dismissal.
Division 3 sets out the elements that make up an unfair dismissal.
Division 4 sets out the remedies the FWC can grant for unfair dismissal.
Division 5 is about the procedural aspects of getting remedies for unfair dismissal.
This Part deals mainly with industrial action by national system employees and national system employers.
Division 2 sets out when industrial action for a proposed enterprise agreement is protected industrial action. No action lies under any law in force in a State or Territory in relation to protected industrial action except in certain circumstances.
Division 3 provides that industrial action must not be organised or engaged in by certain persons before the nominal expiry date of an enterprise agreement or workplace determination has passed.
Division 4 provides for the FWC to make orders, in certain circumstances, that industrial action stop, not occur or not be organised for a specified period.
Division 5 deals with injunctions against industrial action if a bargaining representative of an employee who will be covered by a proposed enterprise agreement is engaging in pattern bargaining.
Division 6 provides for the FWC to make orders suspending or terminating protected industrial action for a proposed enterprise agreement in certain circumstances. If the FWC makes such an order, the action will no longer be protected industrial action.
Division 7 provides for the Minister to make a declaration terminating protected industrial action for a proposed enterprise agreement in certain circumstances. If the Minister makes such an order, the action will no longer be protected industrial action.
Division 8 establishes the process that will allow employees to choose, by means of a fair and democratic secret ballot, whether to authorise protected industrial action for a proposed enterprise agreement.
Division 9 sets out restrictions about payments to employees relating to periods of industrial action.
Division 10 deals with the making of applications under this Part.
This Division establishes the process that will allow employees to choose, by means of a fair and democratic secret ballot, whether to authorise protected industrial action for a proposed enterprise agreement.
Subdivision B provides for the FWC to make a protected action ballot order, on application by a bargaining representative of an employee who will be covered by a proposed enterprise agreement, requiring a protected action ballot to be conducted.
Subdivision C deals with the conduct of a protected action ballot.
Subdivision D deals with the effect of a protected action ballot.
Subdivision E deals with compliance matters in relation to a protected action ballot.
Subdivision F deals with the liability for the costs of a protected action ballot.
Subdivision G deals with records and other miscellaneous matters.
This Part is about the rights of officials of organisations who hold entry permits to enter premises for purposes related to their representative role under this Act and under State or Territory OHS laws.
Division 2 allows permit holders to enter premises to investigate suspected contraventions of this Act and fair work instruments. The Division makes special provision in relation to TCF award workers. Division 2 also allows permit holders to enter premises to hold discussions with certain employees and TCF award workers. In exercising rights under Division 2, permit holders must comply with the requirements set out in the Division.
Division 3 sets out requirements for exercising rights under State or Territory OHS laws.
Division 4 prohibits certain action in relation to the operation of this Part.
Division 5 sets out powers of the FWC in relation to the operation of this Part.
Division 6 deals with entry permits, entry notices and certificates.
Division 7 deals with accommodation and transport arrangements in remote areas.
This Part provides for a national system employer to stand down a national system employee without pay in certain circumstances.
Division 2 sets out the circumstances in which an employer may stand down an employee without pay.
Division 3 provides for the FWC to deal with disputes about the operation of this Part.
This Part makes it unlawful for a person to sexually harass another person, where:
(a) the other person is a worker in a business or undertaking, seeking to become a worker in a particular business or undertaking, or conducting a business or undertaking; and
(b) the harassment occurs in connection with the other person being a person of the relevant kind.
Persons may be liable for acts contravening this Part that are performed by their employees or agents.
Applications may be made to the FWC to deal with a dispute about an alleged contravention of this Part, including by making a stop sexual harassment order.
In most cases, a dispute about an alleged contravention of this Part will be dealt with by a court only if the dispute has not been resolved by the FWC.
This Part deals with other rights and responsibilities.
Division 2 is about the obligations of a national system employer if a decision is made to dismiss 15 or more employees for reasons of an economic, technological, structural or similar nature.
Subdivision A of Division 2 deals with notifying the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink) about the proposed dismissals.
Subdivision B of Division 2 provides for the FWC to make orders if the employer fails to notify and consult relevant industrial associations.
Subdivision C of Division 2 provides that that Division does not apply in relation to certain employees.
Division 3 is about the obligations of national system employers to make and keep employee records in relation to each of their employees and to give pay slips to each of their employees.
Division 4 is about the obligations of national system employers in relation to advertising rates of pay.
This Part is about corrupting benefits provided to or in relation to organisations.
Division 2 prohibits benefits intended to influence an officer or employee of an organisation.
Division 3 prohibits national system employers providing cash or in kind payments to employee organisations and related persons, other than certain legitimate benefits specified in the Division.
This Part is about civil remedies. Certain provisions in this Act impose obligations on certain persons. Civil remedies may be sought in relation to contraventions of these civil remedy provisions.
Subdivision A of Division 2 deals with applications for orders in relation to contraventions of civil remedy provisions and safety net contractual entitlements, and applications for orders to enforce entitlements arising under subsection 542(1).
Subdivision B of Division 2 sets out the orders that can be made by the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) or an eligible State or Territory Court in relation to a contravention of a civil remedy provision.
Division 3 sets out when proceedings relating to a contravention of a civil remedy provision may be dealt with as small claims proceedings.
Division 4 deals with general provisions relating to civil remedies, including rules about evidence and procedure.
Division 4A imposes obligations on responsible franchisor entities in relation to certain contraventions of civil remedy provisions by franchisee entities and on holding companies in relation to certain contraventions of civil remedy provisions by subsidiaries.
Division 5 deals with unclaimed money.
This Part is about the jurisdiction and powers of the courts in relation to matters arising under this Act.
Divisions 2 and 3 confer jurisdiction on the Federal Court and the Federal Circuit and Family Court of Australia (Division 2). That jurisdiction is generally required to be exercised in the Fair Work Divisions of those courts.
Division 4 deals with intervention, costs, limitation on imprisonment, and regulations, in relation to proceedings in the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) and, in some cases, a court of a State or Territory.
This Part is about the Fair Work Commission.
Division 2 establishes and confers functions on the FWC. The FWC consists of the President, Vice Presidents, Deputy Presidents, Commissioners and Expert Panel Members. Division 2 also confers functions on the President.
Division 3 deals with the conduct of matters before the FWC (such as applications, representation by lawyers, the FWC's decisions and appeals).
Division 4 deals with the organisation of the FWC, who may perform functions of the FWC and delegation of the FWC's functions and powers. Certain functions must be performed by a Full Bench or an Expert Panel.
Division 5 deals with the appointment, terms and conditions of FWC Members.
Division 6 deals with cooperation with the States.
Division 7 deals with the FWC's seal. It also deals with other powers and functions of the President and the General Manager (including in relation to annual reports, reports on making enterprise agreements, arrangements with certain courts, and disclosing information obtained by the FWC).
Division 8 is about the General Manager of the FWC (whose function is to assist the President), staff of the FWC and others assisting the FWC.
Division 9 contains offences in relation to the FWC.
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
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.
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.
Part 5 - 2--Office of the Fair Work Ombudsman
680 Meanings of employee and employer
Division 2--Fair Work Ombudsman
Subdivision A--Establishment and functions and powers of the Fair Work Ombudsman
682 Functions of the Fair Work Ombudsman
683 Delegation by the Fair Work Ombudsman
684 Directions from the Minister
685 Minister may require reports
Subdivision B--Appointment and terms and conditions of the Fair Work Ombudsman
687 Appointment of the Fair Work Ombudsman
688 Remuneration of the Fair Work Ombudsman
689 Leave of absence of the Fair Work Ombudsman
690 Outside work of the Fair Work Ombudsman
692 Resignation of the Fair Work Ombudsman
693 Termination of appointment of the Fair Work Ombudsman
694 Other terms and conditions of the Fair Work Ombudsman
695 Appointment of acting Fair Work Ombudsman
Division 3--Office of the Fair Work Ombudsman
Subdivision A--Establishment of the Office of the Fair Work Ombudsman
696 Establishment of the Office of the Fair Work Ombudsman
Subdivision B--Staff and consultants etc.
698 Persons assisting the Fair Work Ombudsman
Subdivision C--Appointment of Fair Work Inspectors
700 Appointment of Fair Work Inspectors
701 Fair Work Ombudsman is a Fair Work Inspector
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
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
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
Part 6 - 1--Multiple actions
720 Meanings of employee and employer
Division 2--Certain actions not permitted if alternative action can be taken
721 Equal remuneration applications
722 Notification and consultation requirements applications
723 Unlawful termination applications
Division 3--Preventing multiple actions
Subdivision A--Equal remuneration applications
724 Equal remuneration applications
Subdivision B--Applications and complaints relating to dismissal
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
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
736 Meanings of employee and employer
Division 2--Dealing with disputes
Subdivision A--Model term about dealing with disputes
737 Model term about dealing with disputes
Subdivision B--Dealing with disputes
738 Application of this Division
739 Disputes dealt with by the FWC
740 Dispute dealt with by persons other than the FWC
Part 6 - 3--Extension of National Employment Standards entitlements
742 Meanings of employee and employer
Division 2--Extension of entitlement to unpaid parental leave and related entitlements
Subdivision A--Main provisions
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
Subdivision A--Main provisions
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
768AB Meanings of employee and employer
Division 2--Copying terms of State instruments when there is a transfer of business
768AC What this Division is about
768AD When does a transfer of business occur?
768AE Meaning of transferring employee , termination time and re - employment time
Division 3--Copied State instruments
Subdivision A--Guide to this Division
768AF What this Division is about
Subdivision B--Copied State instruments
768AG Contravening a copied State instrument
768AH What is a copied State instrument?
768AI What is a copied State award?
768AJ What is a State award?
768AK What is a copied State employment agreement?
768AL What is a State employment agreement?
768AM When does a copied State instrument apply to a person?
768AN When does a copied State instrument cover a person?
768AO When is a copied State instrument in operation?
Division 4--Interaction between copied State instruments and the NES, modern awards and enterprise agreements
Subdivision A--Guide to this Division
768AP What this Division is about
Subdivision B--Interaction with the NES
768AQ Interaction between the NES and a copied State instrument
768AR Provisions of the NES that allow instruments to contain particular kinds of terms
Subdivision C--Interaction with modern awards
768AS Modern awards and copied State awards
768AT Modern awards and copied State employment agreements
Subdivision D--Interaction with enterprise agreements
768AU Enterprise agreements and copied State instruments
Division 5--Variation and termination of copied State instruments
Subdivision A--Guide to this Division
768AV What this Division is about
Subdivision B--Variation of copied State instruments
768AW Variation in limited circumstances
768AX Variation of copied State instruments
Subdivision C--Termination of copied State instruments
768AY Termination in limited circumstances
Division 6--FWC orders about coverage of copied State instruments and other instruments
Subdivision A--Guide to this Division
768AZ What this Division is about
768AZA Orders in relation to a transfer of business
Subdivision B--Coverage orders
768BA FWC orders about coverage for transferring employees
768BB FWC orders about coverage for employee organisations
Division 7--FWC orders about consolidating copied State instruments etc.
Subdivision A--Guide to this Division
768BC What this Division is about
768BCA Orders in relation to a transfer of business
Subdivision B--Consolidation orders in relation to transferring employees
768BD Consolidation orders in relation to transferring employees
768BE Consolidation order to deal with application and coverage
768BF Effect of this Act after a consolidation order is made
Subdivision C--Consolidation orders in relation to non - transferring employees
768BG Consolidation orders in relation to non - transferring employees
768BH Consolidation order to deal with application and coverage
768BI Effect of this Act after a consolidation order is made
Division 8--Special rules for copied State instruments
Subdivision A--Guide to this Division
768BJ What this Division is about
Subdivision B--Terms about disputes
768BK Where no term dealing with disputes
Subdivision C--Service and entitlements of a transferring employee
768BL Service for the purposes of this Act
768BM NES--working out non - accruing entitlements
768BN NES--working out accruing entitlements
768BO Copied State instrument--service
768BP Copied State instrument--working out non - accruing entitlements
768BQ Copied State instrument--working out accruing entitlements
Subdivision D--Cessation of copied State awards: avoiding reductions in take - home pay
768BR Cessation not intended to result in reduction in take - home pay
768BS Orders remedying reductions in take - home pay
768BT Contravening a take - home pay order
768BU How long a take - home pay order continues to apply
768BV Interaction of take - home pay orders with modern awards and enterprise agreements
768BW Application of this Act to take - home pay orders
Subdivision E--Modification of this Act
768BX Modification of this Act for copied State instruments
Subdivision F--Modification of the Transitional Act
768BY Modification of the Transitional Act for copied State instruments
Subdivision G--Modification of the Registered Organisations Act
768BZ Modification of the Registered Organisations Act for copied State instruments
Part 6 - 4--Additional provisions relating to termination of employment
770 Meanings of employee and employer
Division 2--Termination of employment
772 Employment not to be terminated on certain grounds
773 Application for the FWC to deal with a dispute
776 Dealing with a dispute (other than by arbitration)
777 Dealing with a dispute by arbitration
779A Costs orders against parties
780 Costs orders against lawyers and paid agents
781 Applications for costs orders
783 Reason for action to be presumed unless proved otherwise
Division 3--Notification and consultation requirements relating to certain terminations of employment
Subdivision A--Object of this Division
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
789AB Meanings of employee and employer
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
789EA Part not intended to exclude or limit State or Territory laws relating to outworkers
Part 6 - 4B--Workers bullied at work
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
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
789GR Service
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
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.
Division 13--Review of this Part
Part 6 - 4D--The National Construction Industry Forum
789GZF Appointment by the Minister
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
791 Meanings of employee and employer
793 Liability of bodies corporate
794 Signature on behalf of body corporate
795 Public sector employer to act through employing authority
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
Part 1--Amendments made by the Fair Work Amendment (Textile, Clothing and Footwear Industry) Act 2012
2 Section 789BB of amended Act applies to contracts entered into after commencement
3 Effect on TCF contract outworker's entitlements
4 Fair work instruments etc. made before commencement
5 Application of Division 3 of Part 6 - 4A of amended Act
6 Application of subsection 203(2A) of amended Act
7 Regulations dealing with various matters
Part 2--Amendments made by the Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012
9 Application of sections 149A and 155A of amended Act
10 FWC to vary certain modern awards
11 FWC to update text of certain modern awards
12 Application of paragraph 194(h) of amended Act
Part 3--Amendments made by the Fair Work Amendment (Respect for Emergency Services Volunteers) Act 2016
13 Definitions
14 Application of amendments--objectionable emergency management terms
Part 4--Amendments made by the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017
15 Definitions
16 Application of amendments--unreasonable requirements to spend or pay amounts
17 Saving of regulations--unreasonable deductions
18 Application of amendments--increasing maximum penalties for contraventions of certain civil remedy provisions
19 Application of amendments--responsibility of responsible franchisor entities and holding companies
20 Application of amendments--hindering or obstructing the Fair Work Ombudsman and inspectors etc.
21 Application of power to give FWO notices
22 Application of amendments relating to self - incrimination etc.
23 Application of requirement for reports not to include information relating to an individual's affairs
24 Application of amendments--false or misleading information or documents
24A Application of amendments--presumption where records not provided
Part 5--Amendments made by the Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2018
25 Definitions
Division 2--Amendments made by Schedule 1 to the amending Act
26 Incomplete review of modern award
Division 3--Amendments made by Schedule 2 to the amending Act
28 Application of amendments--when employees have genuinely agreed to an enterprise agreement
Division 4--Amendments made by Schedule 3 to the amending Act
29 Application of section 641B of the amended Act
Part 6--Amendments made by the Fair Work Amendment (Corrupting Benefits) Act 2017
30 Disclosure by organisations and employers
Part 8--Amendments made by the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018
39 Entitlement to unpaid family and domestic violence leave
40 Resolving uncertainties and difficulties about interaction between enterprise agreements and unpaid family and domestic violence leave
Part 9--Amendments made by the Fair Work Amendment (Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures) Act 2020
41 Definitions
42 Amendments about stillbirth, death and hospitalisation of children
43 Amendments about flexible unpaid parental leave
Part 10--Amendments made by the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Act 2021
44 Definitions
Division 2--Amendments made by Schedule 1 to the amending Act
45 Resolving uncertainties and difficulties about interaction between enterprise agreements and the definition of casual employee and casual conversion rights
46 Application of certain amendments
47 Transitioning casual employees
47A Casual employees of small business employers
48 Variations to modern awards
Part 11--Amendments made by the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021
49A Applications for orders to stop sexual harassment
50 Orders to stop sexual harassment
Part 12--Amendments made by the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022
51 Definitions
52 Entitlement to paid family and domestic violence leave
53 Resolving interactions between enterprise agreements and paid family and domestic violence leave
Part 13--Amendments made by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022
55 Definitions
Division 2--Amendments made by Part 1 of Schedule 1 to the amending Act
56 Appeal of decisions of the Registered Organisations Commissioner
Division 3--Amendments made by Part 4 of Schedule 1 to the amending Act
Division 4--Amendments made by Part 5 of Schedule 1 to the amending Act
Division 5--Amendments made by Part 7 of Schedule 1 to the amending Act
Division 6--Amendments made by Part 8 of Schedule 1 to the amending Act
60 Prohibiting sexual harassment in connection with work
Division 7--Amendments made by Part 9 of Schedule 1 to the amending Act
61 Anti - discrimination and special measures
Division 8--Amendments made by Part 10 of Schedule 1 to the amending Act
63 Resolving uncertainties and difficulties about interaction between enterprise agreements and the provisions of Division 5 of Part 2 - 9
Division 9--Amendments made by Part 11 of Schedule 1 to the amending Act
64 Requests for flexible working arrangements
Division 10--Amendments made by Part 12 of Schedule 1 to the amending Act
65 Termination of enterprise agreements after nominal expiry date
Division 11--Amendments made by Part 14 of Schedule 1 to the amending Act
66 Genuine agreement in relation to enterprise agreements
Division 12--Amendments made by Part 16 of Schedule 1 to the amending Act
67 The better off overall test
Division 13--Amendments made by Part 17 of Schedule 1 to the amending Act
68 Validation of approval of enterprise agreement
69 Validation of approval of variation of enterprise agreement
Division 14--Amendments made by Part 18 of Schedule 1 to the amending Act
70 Serious breach declarations
71 Intractable bargaining declarations
Division 15--Amendments made by Part 19 of Schedule 1 to the amending Act
Division 16--Amendments made by Part 21 of Schedule 1 to the amending Act
73 Variation of single interest employer agreement to add employer and employees
74 Application to existing applications for declarations
75 Application to existing Ministerial declarations where application for authorisation not made
76 Application to existing applications for authorisations
77 Effect of making a single interest employer authorisation
78 Application to existing applications to vary authorisations
78A Application to authorisations in operation before commencement
78B Application to certain authorisations made after commencement
78C Availability of scope orders
Division 17--Amendments made by Part 23 of Schedule 1 to the amending Act
80A Approval of enterprise agreement--requirement relating to genuine agreement of employers
81 Approval of cooperative workplace agreement--requirement relating to representation
82 Variation of cooperative workplace agreement to add employer and employees
Division 17A--Amendments made by Part 23A of Schedule 1 to the amending Act
82A Multi - enterprise agreements and general building and construction work
Division 18--Amendments made by Part 24 of Schedule 1 to the amending Act
Division 19--Amendments made by Part 25 of Schedule 1 to the amending Act
Division 20--Amendments made by Part 25B of Schedule 1 to the amending Act
85 Requests for extension of period of unpaid parental leave
Part 14--Amendments made by the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023
86 Definitions
Division 2--Amendments made by Schedule 2 to the amending Act
87 Amendments about unpaid parental leave
Division 3--Amendments made by Schedule 3 to the amending Act
88 Superannuation--reduction of employer's liability to the extent of superannuation charge payments
Division 4--Amendments made by Schedule 4 to the amending Act
89 Interaction of a workplace determination with an earlier enterprise agreement
Division 5--Amendments made by Schedule 5 to the amending Act
90 Employee authorised deductions
Part 15--Amendments made by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023
91 Definitions
Division 2--Amendments made by Part 2 of Schedule 1 to the amending Act
Division 3--Amendments made by Part 6 of Schedule 1 to the amending Act
93 Application of amendments--regulated labour hire arrangement orders
Division 4--Amendments made by Part 7 of Schedule 1 to the amending Act
94 Application of section 149E of amended Act
95 FWC to vary certain modern awards
96 Application of section 205A of amended Act
97 Application of subsections 273(6) and (7) of amended Act
Division 5--Amendments made by Part 14 of Schedule 1 to the amending Act
98 Offence relating to failure to pay certain amounts as required
Division 6--Amendments made by Part 14A of Schedule 1 to the amending Act
Part 16--Main amendments made by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024
100 Definitions
Division 2--Amendments made by Part 1 of Schedule 1 to the amending Act
101 Resolving uncertainties and difficulties about interaction between fair work instruments and the definition of casual employee and employee choice
Division 3--Amendments made by Part 4 of Schedule 1 to the amending Act
105 Variation of supported bargaining authorisations
106 Application of better off overall test to replacement agreements
Division 4--Amendments made by Part 5 of Schedule 1 to the amending Act
107 Model terms and enterprise agreements
108 Model terms and copied State instruments
109 Disallowance--model terms made before commencement
Division 5--Amendments made by Part 5A of Schedule 1 to the amending Act
110 Application of amendments--intractable bargaining workplace determinations
111 Application of amendments to intractable bargaining workplace determinations made before commencement
Division 5A--Amendments made by Part 8 of Schedule 1 to the amending Act
111A Definitions
111B Application of section 149F of the amended Act
111C FWC to vary certain modern awards
111D Application of amendments to small business employers
Division 6--Amendments made by Part 9 of Schedule 1 to the amending Act
Division 7--Amendments made by Part 10 of Schedule 1 to the amending Act
113 Application of amendments--right of entry
Division 8--Amendments made by Part 11 of Schedule 1 to the amending Act
114 Penalties for contravention of civil remedy provisions
Part 17--Amendments made by Part 15 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024
115 Definitions
Division 2--Transitional provisions
116 Relationships in existence as at commencement or entered into on or after commencement
117 References to employees etc. in fair work instruments made before commencement
118 Entitlements determined by reference to length of a period of employment etc.
119 Old Act applies to proceedings on foot as at commencement
120 FWC power to deal with uncertainties or difficulties arising from the operation of section 15AA of the amended Act
Division 3--Regulations about transitional matters
121 General power for regulations to deal with transitional etc. matters
122 Other general provisions about regulations
Part 18--Amendments made by Part 16 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024
123 Definitions
Division 2--Transitional provisions
124 Unfair deactivation and unfair termination
125 New applications relating to unfair contracts
126 Services contracts entered into before commencement
Schedule 2--Amendments made by the Fair Work Amendment (Transfer of Business) Act 2012
2 Application of the amendments made by the amending Act
Schedule 3--Amendments made by the Fair Work Amendment Act 2012
Part 2--Default superannuation (Schedule 1)
2 Schedule 1 to the amending Act
2A Transitional provision--when first variations of default fund term take effect
2B Transitional provision--modern awards made on or after 1 January 2014
Part 3--Modern awards (Schedule 3)
3 Part 1 of Schedule 3 to the amending Act
Part 4--Enterprise agreements (Schedule 4)
4 Part 1 of Schedule 4 to the amending Act
5 Part 2 of Schedule 4 to the amending Act
6 Part 3 of Schedule 4 to the amending Act
7 Part 4 of Schedule 4 to the amending Act
8 Part 5 of Schedule 4 to the amending Act
Part 5--General protections (Schedule 5)
9 Part 1 of Schedule 5 to the amending Act
Part 6--Unfair dismissal (Schedule 6)
10 Part 1 of Schedule 6 to the amending Act
11 Part 2 of Schedule 6 to the amending Act
12 Part 3 of Schedule 6 to the amending Act
13 Part 4 of Schedule 6 to the amending Act
Part 7--Industrial action (Schedule 7)
14 Part 1 of Schedule 7 to the amending Act
15 Part 2 of Schedule 7 to the amending Act
16 Part 3 of Schedule 7 to the amending Act
Part 8--The Fair Work Commission (Schedule 8)
17 Part 1 of Schedule 8 to the amending Act
18 Part 2 of Schedule 8 to the amending Act
19 Part 4 of Schedule 8 to the amending Act
20 Part 5 of Schedule 8 to the amending Act
21 Part 6 of Schedule 8 to the amending Act
22 Part 7 of Schedule 8 to the amending Act
23 Part 8 of Schedule 8 to the amending Act
Part 9--Changing the name of Fair Work Australia (Schedule 9)
24 Transitional provision--President
25 Transitional provision--Deputy President
26 Transitional provision--Commissioner
27 Transitional provision--Minimum Wage Panel Member
28 Operation of laws--things done by, or in relation to, FWA
29 Transitional provision--General Manager and staff of FWA
30 Operation of section 7 and subsection 25B(1) of the Acts Interpretation Act 1901 not limited
Part 10--Other amendments (Schedule 10)
31 Part 1 of Schedule 10 to the amending Act
32 Regulations about application, transitional and saving matters
Schedule 4--Amendments made by the Fair Work Amendment Act 2013
Part 2--Family - friendly measures (Schedule 1)
2 Part 1 of Schedule 1 to the amending Act
3 Part 2 of Schedule 1 to the amending Act
4 Part 3 of Schedule 1 to the amending Act
5 Part 4 of Schedule 1 to the amending Act
6 Part 5 of Schedule 1 to the amending Act
Part 3--Modern awards objective (Schedule 2)
7 Schedule 2 to the amending Act
Part 4--Anti - bullying measure (Schedule 3)
8 Schedule 3 to the amending Act
Part 4A--Conferences (Schedule 3A)
8A Schedule 3A to the amending Act
Part 5--Right of entry (Schedule 4)
9 Schedule 4 to the amending Act
Part 6--Consent arbitration for general protections and unlawful termination (Schedule 4A)
10 Schedule 4A to the amending Act
11 Item 4 of Schedule 5 to the amending Act
Schedule 5--Amendments made by the Fair Work Amendment Act 2015
2 Part 1 of Schedule 1 to the amending Act
9 Part 5 of Schedule 1 to the amending Act
11 Part 7 of Schedule 1 to the amending Act
14 Part 10 of Schedule 1 to the amending Act
Endnote 3--Legislation history
Endnote 4--Amendment history