• Specific Year
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FAIR WORK ACT 2009 - SECT 678 False or misleading evidence

FAIR WORK ACT 2009 - SECT 678

False or misleading evidence

Giving 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.

 

Commonwealth Coat of Arms of Australia

Fair Work A ct 2009

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   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

Subdivision A--Establishment and functions and powers of the Fair Work Ombudsman

681   Establishment

682   Functions of the Fair Work Ombudsman

683   Delegation by the Fair Work Ombudsman

684   Directions from the Minister

685   Minister may require reports

686   Annual report

Subdivision B--Appointment and terms and conditions of the Fair Work Ombudsman

687   Appointment of the Fair Work Ombudsman

688   Remuneration of the Fair Work Ombudsman

689   Leave of absence of the Fair Work Ombudsman

690   Outside work of the Fair Work Ombudsman

692   Resignation of the Fair Work Ombudsman

693   Termination of appointment of the Fair Work Ombudsman

694   Other terms and conditions of the Fair Work Ombudsman

695   Appointment of acting Fair Work Ombudsman

Division   3--Office of the Fair Work Ombudsman

Subdivision A--Establishment of the Office of the Fair Work Ombudsman

696   Establishment of the Office of the Fair Work Ombudsman

Subdivision B--Staff and consultants etc.

697   Staff

698   Persons assisting the Fair Work Ombudsman

699   Consultants

Subdivision C--Appointment of Fair Work Inspectors

700   Appointment of Fair Work Inspectors

701   Fair Work Ombudsman is a Fair Work Inspector

702   Identity cards

Subdivision D--Functions and powers of Fair Work Inspectors--general

703   Conditions and restrictions on functions and powers

704   General directions by the Fair Work Ombudsman

705   Particular directions by the Fair Work Ombudsman

706   Purpose for which powers of inspectors may be exercised

707   When powers of inspectors may be exercised

707A   Hindering or obstructing the Fair Work Ombudsman and inspectors etc.

Subdivision DA--Power to enter premises

708   Power of inspectors to enter premises

709   Powers of inspectors while on premises

710   Persons assisting inspectors

Subdivision DB--Powers to ask questions and require records and documents

711   Power to ask for person's name and address

712   Power to require persons to produce records or documents

712A   Minister may nominate 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

Subdivision A--Equal remuneration applications

724   Equal remuneration applications

Subdivision B--Applications and complaints relating to dismissal

725   General rule

726   Dismissal remedy bargaining order applications

727   General protections FWC applications

728   General protections court applications

729   Unfair dismissal applications

730   Unlawful termination FWC applications

731   Unlawful termination court applications

732   Applications and complaints under other laws

733   Dismissal does not include failure to provide benefits

Subdivision C--General protections applications that do not relate to dismissal

734   General rule

Subdivision D--Sexual harassment applications

734A   Sexual harassment court applications--interaction with sexual harassment FWC applications

734B   Sexual harassment FWC applications and sexual harassment court applications--interaction with anti - discrimination laws

Part   6 - 2--Dealing with disputes

Division   1--Introduction

735   Guide to this Part

736   Meanings of employee and employer

Division   2--Dealing with disputes

Subdivision A--Model term about dealing with disputes

737   Model term about dealing with disputes

Subdivision B--Dealing with disputes

738   Application of this Division

739   Disputes dealt with by the FWC

740   Dispute dealt with by persons other than the FWC

Part   6 - 3--Extension of National Employment Standards entitlements

Division   1--Introduction

741   Guide to this Part

742   Meanings of employee and employer

Division   2--Extension of entitlement to unpaid parental leave and related entitlements

Subdivision A--Main provisions

743   Object of this Division

744   Extending the entitlement to unpaid parental leave and related entitlements

745   Contravening the extended parental leave provisions

746   References to the National Employment Standards include extended parental leave provisions

747   State and Territory laws that are not excluded

Subdivision B--Modifications of the extended parental leave provisions

748   Non - national system employees are not award/agreement free employees

749   Modification of meaning of base rate of pay for pieceworkers

750   Modification of meaning of full rate of pay for pieceworkers

751   Modification of meaning of ordinary hours of work --if determined by State industrial instrument

752   Modification of meaning of ordinary hours of work --if not determined by State industrial instrument

753   Modification of meaning of ordinary hours of work --regulations may prescribe usual weekly hours

754   Modification of meaning of pieceworker

755   Modification of provision about interaction with paid leave

756   Modification of provision about relationship between National Employment Standards and agreements

757   Modification of power to make regulations

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

Subdivision A--Main provisions

758   Object of this Division

759   Extending entitlement to notice of termination or payment in lieu of notice

760   Contravening the extended notice of termination provisions

761   References to the National Employment Standards include extended notice of termination provisions

762   State and Territory laws that are not excluded

Subdivision B--Modifications of the extended notice of termination provisions

763   Non - national system employees are not award/agreement free employees

764   Modification of meaning of full rate of pay for pieceworkers

765   Modification of meaning of pieceworker

766   Modification of provision about notice of termination by employee

767   Modification of provision about relationship between National Employment Standards and agreements

768   Modification of power to make regulations

Part   6 - 3A--Transfer of business from a State public sector employer

Division   1--Introduction

768AA   Guide to this Part

768AB   Meanings of employee and employer

Division   2--Copying terms of State instruments when there is a transfer of business

768AC   What this Division is about

768AD   When does a transfer of business occur?

768AE   Meaning of transferring employee , termination time and re - employment time

Division   3--Copied State instruments

Subdivision A--Guide to this Division

768AF   What this Division is about

Subdivision B--Copied State instruments

768AG   Contravening a copied State instrument

768AH   What is a copied State instrument?

768AI   What is a copied State award?

768AJ   What is a State award?

768AK   What is a copied State employment agreement?

768AL   What is a State employment agreement?

768AM   When does a copied State instrument apply to a person?

768AN   When does a copied State instrument cover a person?

768AO   When is a copied State instrument in operation?

Division   4--Interaction between copied State instruments and the NES, modern awards and enterprise agreements

Subdivision A--Guide to this Division

768AP   What this Division is about

Subdivision B--Interaction with the NES

768AQ   Interaction between the NES and a copied State instrument

768AR   Provisions of the NES that allow instruments to contain particular kinds of terms

Subdivision C--Interaction with modern awards

768AS   Modern awards and copied State awards

768AT   Modern awards and copied State employment agreements

Subdivision D--Interaction with enterprise agreements

768AU   Enterprise agreements and copied State instruments

Division   5--Variation and termination of copied State instruments

Subdivision A--Guide to this Division

768AV   What this Division is about

Subdivision B--Variation of copied State instruments

768AW   Variation in limited circumstances

768AX   Variation of copied State instruments

Subdivision C--Termination of copied State instruments

768AY   Termination in limited circumstances

Division   6--FWC orders about coverage of copied State instruments and other instruments

Subdivision A--Guide to this Division

768AZ   What this Division is about

768AZA   Orders in relation to a transfer of business

Subdivision B--Coverage orders

768BA   FWC orders about coverage for transferring employees

768BB   FWC orders about coverage for employee organisations

Division   7--FWC orders about consolidating copied State instruments etc.

Subdivision A--Guide to this Division

768BC   What this Division is about

768BCA   Orders in relation to a transfer of business

Subdivision B--Consolidation orders in relation to transferring employees

768BD   Consolidation orders in relation to transferring employees

768BE   Consolidation order to deal with application and coverage

768BF   Effect of this Act after a consolidation order is made

Subdivision C--Consolidation orders in relation to non - transferring employees

768BG   Consolidation orders in relation to non - transferring employees

768BH   Consolidation order to deal with application and coverage

768BI   Effect of this Act after a consolidation order is made

Division   8--Special rules for copied State instruments

Subdivision A--Guide to this Division

768BJ   What this Division is about

Subdivision B--Terms about disputes

768BK   Where no term dealing with disputes

Subdivision C--Service and entitlements of a transferring employee

768BL   Service for the purposes of this Act

768BM   NES--working out non - accruing entitlements

768BN   NES--working out accruing entitlements

768BO   Copied State instrument--service

768BP   Copied State instrument--working out non - accruing entitlements

768BQ   Copied State instrument--working out accruing entitlements

Subdivision D--Cessation of copied State awards: avoiding reductions in take - home pay

768BR   Cessation not intended to result in reduction in take - home pay

768BS   Orders remedying reductions in take - home pay

768BT   Contravening a take - home pay order

768BU   How long a take - home pay order continues to apply

768BV   Interaction of take - home pay orders with modern awards and enterprise agreements

768BW   Application of this Act to take - home pay orders

Subdivision E--Modification of this Act

768BX   Modification of this Act for copied State instruments

Subdivision F--Modification of the Transitional Act

768BY   Modification of the Transitional Act for copied State instruments

Subdivision G--Modification of the Registered Organisations Act

768BZ   Modification of the Registered Organisations Act for copied State instruments

Division   9--Regulations

768CA   Regulations

Part   6 - 4--Additional provisions relating to termination of employment

Division   1--Introduction

769   Guide to this Part

770   Meanings of employee and employer

Division   2--Termination of employment

771   Object of this Division

772   Employment not to be terminated on certain grounds

773   Application for the FWC to deal with a dispute

774   Time for application

775   Application fees

776   Dealing with a dispute (other than by arbitration)

777   Dealing with a dispute by arbitration

778   Taking a dispute to court

779   Appeal rights

779A   Costs orders against parties

780   Costs orders against lawyers and paid agents

781   Applications for costs orders

781A   Schedule of costs

782   Contravening costs orders

783   Reason for action to be presumed unless proved otherwise

Division   3--Notification and consultation requirements relating to certain terminations of employment

Subdivision A--Object of this Division

784   Object of this Division

Subdivision B--Requirement to notify Centrelink

785   Employer to notify Centrelink of certain proposed terminations

Subdivision C--Failure to notify or consult registered employee associations

786   FWC may make orders where failure to notify or consult registered employee associations about terminations

787   Orders that the FWC may make

788   Application to the FWC for order

Subdivision D--Limits on scope of this Division

789   Limits on scope of this Division

Part   6 - 4A--Special provisions about TCF outworkers

Division   1--Introduction

789AA   Guide to this Part

789AB   Meanings of employee and employer

789AC   Objects of this Part

Division   2--TCF contract outworkers taken to be employees in certain circumstances

789BA   Provisions covered by this Division

789BB   TCF contract outworkers taken to be employees in certain circumstances

789BC   Regulations relating to TCF outworkers who are taken to be employees

Division   3--Recovery of unpaid amounts

789CA   When this Division applies

789CB   Liability of indirectly responsible entity for unpaid amount

789CC   Demand for payment from an apparent indirectly responsible entity

789CD   Court order for entity to pay amount demanded

789CE   Effect of payment by entity (including entity's right to recover from responsible person)

789CF   Division does not limit other liabilities or rights

Division   4--Code of practice relating to TCF outwork

789DA   Regulations may provide for a code

789DB   Matters that may be dealt with in TCF outwork code

789DC   Persons on whom obligations may be imposed by TCF outwork code

789DD   Other general matters relating to content of TCF outwork code

789DE   Relationship between the TCF outwork code and other instruments

Division   5--Miscellaneous

789EA   Part not intended to exclude or limit State or Territory laws relating to outworkers

Part   6 - 4B--Workers bullied at work

Division   1--Introduction

789FA   Guide to this Part

789FB   Meanings of employee and employer

Division   2--Stopping workers being bullied at work

789FC   Application for an FWC order to stop bullying

789FD   When is a worker bullied at work ?

789FE   FWC to deal with applications promptly

789FF   FWC may make orders to stop bullying

789FG   Contravening an order to stop bullying

789FH   Actions under work health and safety laws permitted

789FI   This Part   is not to prejudice Australia's defence, national security etc.

789FJ   Declarations by the Chief of the Defence Force

789FK   Declarations by the Director - General of Security

789FL   Declarations by the Director - General of ASIS

Part   6 - 4C--Coronavirus economic response

Division   1--Introduction

789GC   Definitions

789GCA   When employer qualifies for the jobkeeper scheme

789GCB   10% decline in turnover test

789GCC   Designated quarter

789GCD   10% decline in turnover certificate

Division   7--Service

789GR   Service

Division   8--Accrual rules

789GS   Accrual rules

Division   10--Dealing with disputes

789GV   FWC may deal with a dispute about the operation of this Part

789GW   Contravening an FWC order dealing with a dispute about the operation of this Part

Division   12--Protections

789GXA   Misuse of jobkeeper enabling direction

789GXB   10% decline in turnover test--prohibited conduct

789GXC   False statutory declaration

789GXD   Federal Court may terminate a jobkeeper enabling direction if employer does not satisfy the 10% decline in turnover test

789GXE   Federal Court may terminate a subsection   789GJD(2) agreement if employer does not satisfy the 10% decline in turnover test

789GY   Protection of workplace rights

789GZ   Relationship with other laws etc.

789GZA   Redundancy

Division   13--Review of this Part

789GZB   Review of this Part

Part   6 - 4D--The National Construction Industry Forum

789GZC   Establishment

789GZD   Function of the Forum

789GZE   Membership

789GZF   Appointment by the Minister

789GZG   Chair of the Forum

789GZH   Meetings

789GZJ   Confidentiality

789GZK   Substitute members

789GZL   Invited participants

789GZM   Remuneration

789GZN   Resignation

789GZP   Disclosure of interests

789GZQ   Termination of appointment

Part   6 - 4E--Extension of anti - discrimination rules

Division   1--Breastfeeding, gender identity and intersex status

789HA   Constitutional basis of this Division

789HB   Extension of anti - discrimination rules

Division   2--Family and domestic violence

789HC   Constitutional basis of this Division

789HD   Extension of anti - discrimination rules

Part   6 - 5--Miscellaneous

Division   1--Introduction

790   Guide to this Part

791   Meanings of employee and employer

Division   2--Miscellaneous

792   Delegation by Minister

793   Liability of bodies corporate

794   Signature on behalf of body corporate

795   Public sector employer to act through employing authority

795A   The Schedules

796   Regulations--general

796A   Regulations conferring functions

797   Regulations dealing with offences

798   Regulations dealing with civil penalties

799   Regulations dealing with infringement notices

800   Regulations dealing with exhibiting fair work instruments

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

1   Definitions

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

8   Definitions

9   Application of sections   149A and 155A of amended Act

10   FWC to vary certain modern awards

11   FWC to update text of certain modern awards

12   Application of paragraph   194(h) of amended Act

Part   3--Amendments made by the Fair Work Amendment (Respect for Emergency Services Volunteers) Act 2016

13   Definitions

14   Application of amendments--objectionable emergency management terms

Part   4--Amendments made by the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017

15   Definitions

16   Application of amendments--unreasonable requirements to spend or pay amounts

17   Saving of regulations--unreasonable deductions

18   Application of amendments--increasing maximum penalties for contraventions of certain civil remedy provisions

19   Application of amendments--responsibility of responsible franchisor entities and holding companies

20   Application of amendments--hindering or obstructing the Fair Work Ombudsman and inspectors etc.

21   Application of power to give FWO notices

22   Application of amendments relating to self - incrimination etc.

23   Application of requirement for reports not to include information relating to an individual's affairs

24   Application of amendments--false or misleading information or documents

24A   Application of amendments--presumption where records not provided

Part   5--Amendments made by the Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2018

Division   1--General

25   Definitions

Division   2--Amendments made by Schedule   1 to the amending Act

26   Incomplete review of modern award

Division   3--Amendments made by Schedule   2 to the amending Act

28   Application of amendments--when employees have genuinely agreed to an enterprise agreement

Division   4--Amendments made by Schedule   3 to the amending Act

29   Application of section   641B of the amended Act

Part   6--Amendments made by the Fair Work Amendment (Corrupting Benefits) Act 2017

30   Disclosure by organisations and employers

Part   8--Amendments made by the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018

39   Entitlement to unpaid family and domestic violence leave

40   Resolving uncertainties and difficulties about interaction between enterprise agreements and unpaid family and domestic violence leave

Part   9--Amendments made by the Fair Work Amendment (Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures) Act 2020

41   Definitions

42   Amendments about stillbirth, death and hospitalisation of children

43   Amendments about flexible unpaid parental leave

Part   10--Amendments made by the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Act 2021

Division   1--Definitions

44   Definitions

Division   2--Amendments made by Schedule   1 to the amending Act

45   Resolving uncertainties and difficulties about interaction between enterprise agreements and the definition of casual employee and casual conversion rights

46   Application of certain amendments

47   Transitioning casual employees

47A   Casual employees of small business employers

48   Variations to modern awards

Part   11--Amendments made by the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021

49   Orders to stop bullying

49A   Applications for orders to stop sexual harassment

50   Orders to stop sexual harassment

Part   12--Amendments made by the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022

51   Definitions

52   Entitlement to paid family and domestic violence leave

53   Resolving interactions between enterprise agreements and paid family and domestic violence leave

Part   13--Amendments made by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022

Division   1--Definitions

55   Definitions

Division   2--Amendments made by Part   1 of Schedule   1 to the amending Act

56   Appeal of decisions of the Registered Organisations Commissioner

Division   3--Amendments made by Part   4 of Schedule   1 to the amending Act

57   Objects of the Act

Division   4--Amendments made by Part   5 of Schedule   1 to the amending Act

58   Equal remuneration

Division   5--Amendments made by Part   7 of Schedule   1 to the amending Act

59   Pay secrecy

Division   6--Amendments made by Part   8 of Schedule   1 to the amending Act

60   Prohibiting sexual harassment in connection with work

Division   7--Amendments made by Part   9 of Schedule   1 to the amending Act

61   Anti - discrimination and special measures

Division   8--Amendments made by Part   10 of Schedule   1 to the amending Act

62   Fixed term contracts

63   Resolving uncertainties and difficulties about interaction between enterprise agreements and the provisions of Division   5 of Part   2 - 9

Division   9--Amendments made by Part   11 of Schedule   1 to the amending Act

64   Requests for flexible working arrangements

Division   10--Amendments made by Part   12 of Schedule   1 to the amending Act

65   Termination of enterprise agreements after nominal expiry date

Division   11--Amendments made by Part   14 of Schedule   1 to the amending Act

66   Genuine agreement in relation to enterprise agreements

Division   12--Amendments made by Part   16 of Schedule   1 to the amending Act

67   The better off overall test

Division   13--Amendments made by Part   17 of Schedule   1 to the amending Act

68   Validation of approval of enterprise agreement

69   Validation of approval of variation of enterprise agreement

Division   14--Amendments made by Part   18 of Schedule   1 to the amending Act

70   Serious breach declarations

71   Intractable bargaining declarations

Division   15--Amendments made by Part   19 of Schedule   1 to the amending Act

72   Industrial action

Division   16--Amendments made by Part   21 of Schedule   1 to the amending Act

73   Variation of single interest employer agreement to add employer and employees

74   Application to existing applications for declarations

75   Application to existing Ministerial declarations where application for authorisation not made

76   Application to existing applications for authorisations

77   Effect of making a single interest employer authorisation

78   Application to existing applications to vary authorisations

78A   Application to authorisations in operation before commencement

78B   Application to certain authorisations made after commencement

78C   Availability of scope orders

Division   17--Amendments made by Part   23 of Schedule   1 to the amending Act

80A   Approval of enterprise agreement--requirement relating to genuine agreement of employers

81   Approval of cooperative workplace agreement--requirement relating to representation

82   Variation of cooperative workplace agreement to add employer and employees

Division   17A--Amendments made by Part   23A of Schedule   1 to the amending Act

82A   Multi - enterprise agreements and general building and construction work

Division   18--Amendments made by Part   24 of Schedule   1 to the amending Act

83   Small claims procedure

Division   19--Amendments made by Part   25 of Schedule   1 to the amending Act

84   Employment advertisements

Division   20--Amendments made by Part   25B of Schedule   1 to the amending Act

85   Requests for extension of period of unpaid parental leave

Part   14--Amendments made by the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023

Division   1--Definitions

86   Definitions

Division   2--Amendments made by Schedule   2 to the amending Act

87   Amendments about unpaid parental leave

Division   3--Amendments made by Schedule   3 to the amending Act

88   Superannuation--reduction of employer's liability to the extent of superannuation charge payments

Division   4--Amendments made by Schedule   4 to the amending Act

89   Interaction of a workplace determination with an earlier enterprise agreement

Division   5--Amendments made by Schedule   5 to the amending Act

90   Employee authorised deductions

Part   15--Amendments made by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023

Division   1--Definitions

91   Definitions

Division   2--Amendments made by Part   2 of Schedule   1 to the amending Act

92   Application--section   121

Division   3--Amendments made by Part   6 of Schedule   1 to the amending Act

93   Application of amendments--regulated labour hire arrangement orders

Division   4--Amendments made by Part   7 of Schedule   1 to the amending Act

94   Application of section   149E of amended Act

95   FWC to vary certain modern awards

96   Application of section   205A of amended Act

97   Application of subsections   273(6) and (7) of amended Act

Division   5--Amendments made by Part   14 of Schedule   1 to the amending Act

98   Offence relating to failure to pay certain amounts as required

Division   6--Amendments made by Part   14A of Schedule   1 to the amending Act

99   Application of amendments

Part   16--Main amendments made by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024

Division   1--Definitions

100   Definitions

Division   2--Amendments made by Part   1 of Schedule   1 to the amending Act

101   Resolving uncertainties and difficulties about interaction between fair work instruments and the definition of casual employee and employee choice

102   Application of amendments

103   Transitional provision

Division   3--Amendments made by Part   4 of Schedule   1 to the amending Act

104   Replacement agreements

105   Variation of supported bargaining authorisations

106   Application of better off overall test to replacement agreements

Division   4--Amendments made by Part   5 of Schedule   1 to the amending Act

107   Model terms and enterprise agreements

108   Model terms and copied State instruments

109   Disallowance--model terms made before commencement

Division   5--Amendments made by Part   5A of Schedule   1 to the amending Act

110   Application of amendments--intractable bargaining workplace determinations

111   Application of amendments to intractable bargaining workplace determinations made before commencement

Division   5A--Amendments made by Part   8 of Schedule   1 to the amending Act

111A   Definitions

111B   Application of section   149F of the amended Act

111C   FWC to vary certain modern awards

111D   Application of amendments to small business employers

Division   6--Amendments made by Part   9 of Schedule   1 to the amending Act

112   Application of amendments

Division   7--Amendments made by Part   10 of Schedule   1 to the amending Act

113   Application of amendments--right of entry

Division   8--Amendments made by Part   11 of Schedule   1 to the amending Act

114   Penalties for contravention of civil remedy provisions

Part   17--Amendments made by Part   15 of Schedule   1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024

Division   1--Definitions

115   Definitions

Division   2--Transitional provisions

116   Relationships in existence as at commencement or entered into on or after commencement

117   References to employees etc. in fair work instruments made before commencement

118   Entitlements determined by reference to length of a period of employment etc.

119   Old Act applies to proceedings on foot as at commencement

120   FWC power to deal with uncertainties or difficulties arising from the operation of section   15AA of the amended Act

Division   3--Regulations about transitional matters

121   General power for regulations to deal with transitional etc. matters

122   Other general provisions about regulations

Part   18--Amendments made by Part   16 of Schedule   1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024

Division   1--Definitions

123   Definitions

Division   2--Transitional provisions

124   Unfair deactivation and unfair termination

125   New applications relating to unfair contracts

126   Services contracts entered into before commencement

Schedule   2--Amendments made by the Fair Work Amendment (Transfer of Business) Act 2012

1   Definitions

2   Application of the amendments made by the amending Act

Schedule   3--Amendments made by the Fair Work Amendment Act 2012

Part   1--Preliminary

1   Definitions

Part   2--Default superannuation (Schedule   1)

2   Schedule   1 to the amending Act

2A   Transitional provision--when first variations of default fund term take effect

2B   Transitional provision--modern awards made on or after 1   January 2014

Part   3--Modern awards (Schedule   3)

3   Part   1 of Schedule   3 to the amending Act

Part   4--Enterprise agreements (Schedule   4)

4   Part   1 of Schedule   4 to the amending Act

5   Part   2 of Schedule   4 to the amending Act

6   Part   3 of Schedule   4 to the amending Act

7   Part   4 of Schedule   4 to the amending Act

8   Part   5 of Schedule   4 to the amending Act

Part   5--General protections (Schedule   5)

9   Part   1 of Schedule   5 to the amending Act

Part   6--Unfair dismissal (Schedule   6)

10   Part   1 of Schedule   6 to the amending Act

11   Part   2 of Schedule   6 to the amending Act

12   Part   3 of Schedule   6 to the amending Act

13   Part   4 of Schedule   6 to the amending Act

Part   7--Industrial action (Schedule   7)

14   Part   1 of Schedule   7 to the amending Act

15   Part   2 of Schedule   7 to the amending Act

16   Part   3 of Schedule   7 to the amending Act

Part   8--The Fair Work Commission (Schedule   8)

17   Part   1 of Schedule   8 to the amending Act

18   Part   2 of Schedule   8 to the amending Act

19   Part   4 of Schedule   8 to the amending Act

20   Part   5 of Schedule   8 to the amending Act

21   Part   6 of Schedule   8 to the amending Act

22   Part   7 of Schedule   8 to the amending Act

23   Part   8 of Schedule   8 to the amending Act

Part   9--Changing the name of Fair Work Australia (Schedule   9)

24   Transitional provision--President

25   Transitional provision--Deputy President

26   Transitional provision--Commissioner

27   Transitional provision--Minimum Wage Panel Member

28   Operation of laws--things done by, or in relation to, FWA

29   Transitional provision--General Manager and staff of FWA

30   Operation of section   7 and subsection   25B(1) of the Acts Interpretation Act 1901 not limited

Part   10--Other amendments (Schedule   10)

31   Part   1 of Schedule   10 to the amending Act

Part   11--Regulations

32   Regulations about application, transitional and saving matters

Schedule   4--Amendments made by the Fair Work Amendment Act 2013

Part   1--Preliminary

1   Definition

Part   2--Family - friendly measures (Schedule   1)

2   Part   1 of Schedule   1 to the amending Act

3   Part   2 of Schedule   1 to the amending Act

4   Part   3 of Schedule   1 to the amending Act

5   Part   4 of Schedule   1 to the amending Act

6   Part   5 of Schedule   1 to the amending Act

Part   3--Modern awards objective (Schedule   2)

7   Schedule   2 to the amending Act

Part   4--Anti - bullying measure (Schedule   3)

8   Schedule   3 to the amending Act

Part   4A--Conferences (Schedule   3A)

8A   Schedule   3A to the amending Act

Part   5--Right of entry (Schedule   4)

9   Schedule   4 to the amending Act

Part   6--Consent arbitration for general protections and unlawful termination (Schedule   4A)

10   Schedule   4A to the amending Act

Part   7--The FWC (Schedule   5)

11   Item   4 of Schedule   5 to the amending Act

Schedule   5--Amendments made by the Fair Work Amendment Act 2015

1   Definition

2   Part   1 of Schedule   1 to the amending Act

9   Part   5 of Schedule   1 to the amending Act

11   Part   7 of Schedule   1 to the amending Act

14   Part   10 of Schedule   1 to the amending Act

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history



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