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WORKPLACE RELATIONS ACT 1996
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Short title [see Note 1]
2. Commencement [see Note 1]
3. Principal object
4. Definitions
5. Employee
6. Employer
7. Employment
8. Schedules 1, 6, 7, 7A, 7B, 8, and 9 have effect
9. Schedule 10 has effect
10. Act binds Crown
11. Modifications for Christmas Island and Cocos (Keeling) Islands
12. Exclusion of persons insufficiently connected with Australia
13. Extraterritorial application
14. Act not to apply so as to exceed Commonwealth power
15. Application of Criminal Code
16. Act excludes some State and Territory laws
17. Awards, agreements and Commission orders prevail over State and Territory law etc.
18. Act may exclude State and Territory laws in other cases
PART 2--AUSTRALIAN FAIR PAY COMMISSION
Division 1--Preliminary
19. Definitions
Division 2--Australian Fair Pay Commission
Subdivision A--Establishment and functions
20. Establishment
21. Functions of the AFPC
Subdivision B--AFPC's wage-setting function
22. AFPC's wage-setting function
23. AFPC's wage-setting parameters
24. Wage reviews and wage-setting decisions
25. Constitution of the AFPC for wage-setting powers
26. Publishing wage-setting decisions etc.
Subdivision C--Operation of the AFPC
27. AFPC to determine its own procedures
28. Annual report
Subdivision D--AFPC Chair
29. Appointment
30. Remuneration
31. Leave of absence
32. Engaging in other paid employment
33. Disclosure of interests
34. Resignation
35. Termination of appointment
36. Other terms and conditions
37. Acting AFPC Chair
Subdivision E--AFPC Commissioners
38. Appointment
39. Remuneration
40. Leave of absence
41. Disclosure of interests
42. Resignation
43. Termination of appointment
44. Other terms and conditions
45. Acting AFPC Commissioners
Division 3--AFPC Secretariat
Subdivision A--Establishment and function
46. Establishment
47. Function
Subdivision B--Operation of the AFPC Secretariat
48. AFPC Chair may give directions
49. Annual report
Subdivision C--The Director of the Secretariat
50. Appointment
51. Remuneration
52. Leave of absence
53. Engaging in other paid employment
54. Disclosure of interests
55. Resignation
56. Termination of appointment
57. Other terms and conditions
58. Acting Director of the Secretariat
Subdivision D--Staff and consultants
59. Staff
60. Consultants
PART 3--AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Division 1--Establishment of Commission
61. Establishment of Commission
62. Functions of Commission
63. Appointment of Commission members etc.
64. Qualifications for appointment
65. Seniority
66. Performance of duties on part-time basis
67. Dual federal and State appointments
68. Performance of duties by dual federal and State appointees
69. Dual federal appointments
70. Appointment of a Judge as President not to affect tenure etc.
71. Tenure of Commission members
72. Acting President
73. Acting Vice President
74. Acting Senior Deputy President
75. Acting Deputy Presidents
76. Oath or affirmation of office
77. Discharge of Commission's business
78. Duty of Commission members
79. Remuneration and allowances of Presidential Members etc.
80. Application of Judges' Pensions Act
81. Remuneration and allowances of Commissioners
82. Removal of Presidential Member from office
83. Outside employment of Commissioner
84. Leave of absence of Commissioner
85. Disclosure of interest by Commission members
86. Termination of appointment of Commissioner
87. Resignation by Commission member
Division 2--Organisation of Commission
88. Manner in which Commission may be constituted
89. Powers exercisable by single member of Commission
90. Functions and powers conferred on members
91. Exercise of Commission powers
92. Continuation of hearing by Commission
93. Commission divided in opinion
94. Arrangement of business of Commission
95. Panels of Commission for particular industries
96. Delegation by President
97. Protection of Commission members
98. Co-operation with the States by President
99. Co-operation with the States by Registrar
Division 3--Representation and intervention
100. Representation of parties before Commission
101. Intervention generally
102. Particular rights of intervention of Minister
Division 4--General matters relating to the powers and procedures of the Commission
Subdivision A--General matters Commission to take into account
103. Commission to take into account the public interest
104. Commission to take into account discrimination issues
105. Commission to take account of Racial Discrimination Act, Sex Discrimination Act, Disability Discrimination Act and Age Discrimination Act
106. Commission to take account of Family Responsibilities Convention
107. Safety, health and welfare of employees
108. Commission to act quickly
109. Commission to avoid technicalities and facilitate fair conduct of proceedings
Subdivision B--Particular powers and procedures of the Commission
110. Procedure of Commission
111. Particular powers of Commission
112. Reference of proceedings to Full Bench
113. President may deal with certain proceedings
114. Review on application by Minister
115. Compulsory conferences
116. Power to override certain laws affecting public sector employment
117. State authorities may be restrained from dealing with matter that is before the Commission
118. Joint sessions of Commission
119. Revocation and suspension of awards and orders
Division 5--Appeals to Full Bench and references to Court
120. Appeals to Full Bench relating to matters arising other than under the Registration and Accountability of Organisations Schedule
121. Appeals to Full Bench relating to matters arising under the Registration and Accountability of Organisations Schedule etc.
122. References to Court by Commission on question of law
Division 6--Miscellaneous
123. Seals of Commission
124. Rules of Commission
125. President must provide certain information etc. to the Minister
126. Annual report of Commission
PART 4--AUSTRALIAN INDUSTRIAL REGISTRY
Division 1--Interpretation
127. Definition of State industrial body
Division 2--Establishment and functions of Australian Industrial Registry
128. Australian Industrial Registry
129. Functions of the Industrial Registry
130. Registries
131. Seals of the Registry
132. Annual report of Industrial Registry
Division 3--Registrars
133. Industrial Registrar
134. Tenure of office of Industrial Registrar
135. Remuneration and allowances of Industrial Registrar
136. Outside employment of Industrial Registrar
137. Disclosure of interests by Industrial Registrar
138. Leave of absence of Industrial Registrar
139. Resignation by Industrial Registrar
140. Termination of appointment of Industrial Registrar
141. Deputy Industrial Registrars
142. Acting Industrial Registrar
143. Acting Deputy Industrial Registrars
144. Oath or affirmation of office of Registrar
Division 4--References and appeals
145. References by Registrar to Commission
146. Removal of matters before Registrar
147. Appeals from Registrar to Commission
148. References to Court by Registrar on question of law
Division 5--Staff
149. Staff
PART 5--WORKPLACE AUTHORITY DIRECTOR
Division 1--Workplace Authority Director
Subdivision A--Establishment and functions
150A. Workplace Authority Director
150B. Functions of Workplace Authority Director
150C. Minister may give directions to Workplace Authority Director
Subdivision B--Appointment and terms and conditions
151A. Appointment of Workplace Authority Director
151B. Remuneration
151C. Leave of absence
151D. Other terms and conditions
151E. Outside employment
151F. Disclosure of interests
151G. Acting appointments
151H. Resignation
151J. Termination of appointment
Division 2--Workplace Authority Deputy Directors
152A. Workplace Authority Deputy Directors
152B. Appointment of Workplace Authority Deputy Director
152C. Remuneration
152D. Leave of absence
152E. Other terms and conditions
152F. Outside employment
152G. Disclosure of interests
152H. Resignation
152J. Termination of appointment
Division 3--Staff, delegations etc
153A. Staff
153B. Workplace Authority
153C. Delegation
Division 4--Reporting and disclosing information
Subdivision A--Reporting
163A. Minister may require reports
163B. Annual report
163C. Reports not to include information relating to an individual's affairs
Subdivision B--Disclosing information
164A. Disclosure of information by workplace agreement officials
165. Identity of parties to ITEAs not to be disclosed
166. Publication of workplace agreements etc. by Workplace Authority Director
PART 5A--WORKPLACE OMBUDSMAN
Division 1--Establishment and functions
166A. Workplace Ombudsman
166B. Functions of the Workplace Ombudsman
166C. Minister may give directions to Workplace Ombudsman
Division 2--Appointment and terms and conditions
166D. Appointment of Workplace Ombudsman
166E. Remuneration
166F. Leave of absence
166G. Other terms and conditions
166H. Outside employment
166J. Disclosure of interests
166K. Acting appointments
166L. Resignation
166M. Termination of appointment
Division 3--Staff, delegations etc
166N. Staff
166P. Office of the Workplace Ombudsman
166Q. Delegation
Division 4--Reporting and disclosing information
Subdivision A--Reporting to Minister
166R. Minister may require reports
166S. Annual report
166T. Reports not to include information relating to an individual's affairs
Subdivision B--Disclosing information
166U. Disclosure of information by members of the Office of the Workplace Ombudsman
166V. Directions about exercise of powers to disclose information
PART 6--WORKPLACE INSPECTORS
167. Inspectors
168. Identity cards
169. Powers of inspectors
PART 7--THE AUSTRALIAN FAIR PAY AND CONDITIONS STANDARD
Division 1--Preliminary
171. Purpose of Part
172. Operation of the Australian Fair Pay and Conditions Standard
173. Australian Fair Pay and Conditions Standard cannot be excluded
174. Extraterritorial extension
175. Model dispute resolution process
Division 2--Wages
Subdivision A--Preliminary
176. AFPC's wage-setting parameters etc.
178. Definitions
179. Meaning of casual loading provisions
180. Meaning of classification
181. Meaning of rate provisions
Subdivision B--Guarantee of basic rates of pay
182. The guarantee
183. An employee's guaranteed hours for the purpose of section 182
184. Modified operation of section 182 to continue effect of Supported Wage System for certain employees with a disability
Subdivision C--Guarantee of casual loadings
185. The guarantee
186. Default casual loading percentage
Subdivision D--Guarantee of frequency of payment
189. The guarantee
Subdivision E--Guarantee against reductions below pre-reform commencement rates
190. The guarantee where only basic periodic rates of pay are involved
191. The guarantee where basic piece rates of pay are involved
192. The guarantee for casual loadings that apply to basic periodic rates of pay
Subdivision F--The guarantee against reductions below Federal Minimum Wages
193. The guarantee
Subdivision G--Federal Minimum Wages
194. When is there an FMW for an employee?
195. Standard FMW
196. Adjustment of standard FMW
199. How a special FMW is to be expressed
200. Adjustment of a special FMW
Subdivision H--Australian Pay and Classification Scales
201. What is an APCS?
202. What must or may be in an APCS?
203. How pay rates and loadings are to be expressed in an APCS
204. When is employment covered by an APCS?
205. What if 2 or more APCSs would otherwise cover an employee?
207. Deeming APCS rates to at least equal FMW rates after first exercise of AFPC's powers takes effect
Subdivision I--Australian Pay and Classification Scales
208. Deriving preserved APCSs from pre-reform wage instruments
209. Notional adjustment: rates and loadings determined as for reform comparison day
210. Notional adjustment: deducing basic periodic rate of pay and casual loading from composite rate
211. Notional adjustment: how basic periodic rates and loadings are expressed
212. Regulations dealing with notional adjustments
213. Certain regulations relating to preserved APCSs may take effect before registration
Subdivision K--Australian Pay and Classification Scales
215. Duration of APCSs
216. Adjustment of APCSs
Subdivision L--Adjustments to incorporate 2005 Safety Net Review etc
218. Adjustments to incorporate 2005 Safety Net Review
219. Regulations may require adjustments to incorporate other decisions
Subdivision M--Special provisions relating to APCSs for employees with a disability
219A. Coverage of special APCSs for employees with a disability
Subdivision N--Miscellaneous
222. Anti-discrimination considerations
Division 3--Maximum ordinary hours of work
Subdivision A--Preliminary
223. Employees to whom Division applies
224. Definitions
225. Agreement between employees and employers
Subdivision B--Guarantee of maximum ordinary hours of work
226. The guarantee
Division 4--Annual leave
Subdivision A--Preliminary
227. Employees to whom Division applies
228. Definitions
229. Meaning of nominal hours worked
230. Agreement between employees and employers
231. Regulations may prescribe different definitions for piece rate employees
Subdivision B--Guarantee of annual leave
232. The guarantee
233. Entitlement to cash out annual leave
Subdivision C--Annual leave rules
234. Annual leave--accrual, crediting and accumulation rules
235. Annual leave--payment rules
236. Rules about taking annual leave
237. Annual leave and workers' compensation
Subdivision D--Service
238. Annual leave--service
Division 5--Personal leave
Subdivision A--Preliminary
239. Employees to whom Division applies
240. Definitions
241. Meaning of nominal hours worked
242. Agreement between employees and employers
243. Regulations may prescribe different definitions for piece rate employees
244. Meaning of personal/carer's leave
Subdivision B--Guarantee of paid personal
245. The guarantee
245A. Entitlement to cash out an amount of paid personal/carer's leave
246. Paid personal/carer's leave--accrual, crediting and accumulation rules
247. Paid personal/carer's leave--payment rule
247A. Entitlement to leave for all nominal hours in a day also extends to other hours on that day
248. Paid personal/carer's leave--workers' compensation
249. Paid carer's leave--annual limit
Subdivision C--Guarantee of unpaid carer's leave
250. The guarantee
251. Unpaid carer's leave--how taken
252. Unpaid carer's leave--paid personal leave exhausted
Subdivision D--Notice and evidence requirements
253. Sick leave--notice
254. Sick leave--documentary evidence
255. Carer's leave--notice
256. Carer's leave--documentary evidence
Subdivision E--Guarantee of compassionate leave
257. The guarantee
258. Taking compassionate leave
259. Compassionate leave--payment rule
Subdivision F--Personal leave
260. Paid personal leave--service
261. Unpaid carer's leave--service
Division 6--Parental leave
Subdivision A--Preliminary
262. Employees to whom Division applies
263. Definitions
264. Meaning of eligible casual employee
264A. Regulations may prescribe different definition for piece rate employees
Subdivision B--Guarantee of maternity leave
265. The guarantee
266. Period of maternity leave
267. Period of special maternity leave
268. Transfer to a safe job
Subdivision C--Maternity leave
269. Special maternity leave--documentation
270. Ordinary maternity leave--medical certificate
271. Ordinary maternity leave--application
Subdivision D--Maternity leave
272. Maternity leave--start of leave
273. Requirement to take leave--for 6 weeks after birth
274. Requirement to take leave--within 6 weeks before birth
275. End of pregnancy--effect on ordinary maternity leave entitlement
276. Death of child--effect on ordinary maternity leave entitlement
277. End of ordinary maternity leave if employee stops being primary care-giver
278. Variation of period of ordinary maternity leave
279. Employee's right to terminate employment during maternity leave
280. Return to work guarantee--maternity leave
281. Replacement employees--maternity leave
Subdivision E--Guarantee of paternity leave
282. The guarantee
283. Period of paternity leave
284. Short paternity leave--concurrent leave taken by spouse
285. Long paternity leave--not to be concurrent with maternity leave taken by spouse
Subdivision F--Paternity leave
286. Paternity leave--medical certificate
287. Short paternity leave--application
288. Long paternity leave--documentation
Subdivision G--Paternity leave
289. Short paternity leave--when taken
290. Long paternity leave--when taken
291. End of pregnancy--effect on paternity leave
292. Death of child--effect on paternity leave
293. End of long paternity leave if employee stops being primary care-giver
294. Variation of period of long paternity leave
295. Employee's right to terminate employment during paternity leave
296. Return to work guarantee--paternity leave
297. Replacement employees--long paternity leave
Subdivision H--Guarantee of adoption leave
298. Meaning of eligible child
299. The guarantee--pre-adoption leave
300. The guarantee--adoption leave
301. Period of adoption leave
302. Short adoption leave--concurrent leave taken by spouse
303. Long adoption leave--not to be concurrent with adoption leave taken by spouse
Subdivision I--Adoption leave
304. Adoption leave--notice
305. Short adoption leave--application
306. Long adoption leave--application
307. Adoption leave--additional documents
Subdivision J--Adoption leave
308. Short adoption leave--when taken
309. Long adoption leave--when taken
310. Placement does not proceed--effect on adoption leave
311. End of long adoption leave if employee stops being primary care-giver
312. Variation of period of long adoption leave
313. Employee's right to terminate employment during adoption leave
314. Return to work guarantee--adoption leave
315. Replacement employees--long adoption leave
Subdivision K--Parental leave
316. Parental leave and service
Division 7--Civil remedies
317. Definition
318. Civil remedies
319. Standing for civil remedies
320. Court orders
PART 8--WORKPLACE AGREEMENTS
Division 1--Preliminary
321. Definitions
322. Single business and single employer
323. New business
324. Extended operation of Part in relation to proposed workplace agreements
324A. Documents taken to be workplace agreements etc.
325. Extraterritorial extension
Division 2--Types of workplace agreements
326. Individual transitional employment agreements
327. Employee collective agreements
328. Union collective agreements
329. Union greenfields agreements
330. Employer greenfields agreements
331. Multiple-business agreements
332. Authorisation of multiple-business agreements
333. When a workplace agreement is made
Division 3--Bargaining agents
334. Bargaining agents--ITEAs
335. Bargaining agents--employee collective agreements
Division 4--Pre-lodgment procedure
336. Eligible employee
337. Providing employees with ready access and information statement
338. Employees may waive 7-day period
339. Prohibition on withdrawal from union collective agreement
340. Approval of a workplace agreement
341. Employer must not lodge unapproved agreement
Division 5--Lodgment
342. Employer must lodge certain workplace agreements with the Workplace Authority Director
343. Lodging multiple-business agreement without authorisation
344. Lodging of workplace agreement documents with the Workplace Authority Director
345. Workplace Authority Director must issue receipt for lodgment of declaration for workplace agreement
346. Employer must notify employees after lodging workplace agreement
346A. Employer to provide copy of lodged ITEA to employee
Division 5A--The no-disadvantage test
Subdivision A--Preliminary
346B. Definitions
346C. Application of Division to workplace agreements
Subdivision B--The no-disadvantage test
346D. When does an agreement pass the no-disadvantage test?
346E. Reference instruments etc.
346F. Agreements to be tested as at lodgment date
346G. Designated awards--before a workplace agreement or variation is lodged
346H. Designated awards--after a workplace agreement or variation is lodged
346HA. Effect of State awards etc.
346J. Matters taken into account when testing agreement etc.
Subdivision C--Agreements that operate from approval, and variations of agreements
346K. Application of this Subdivision
346L. Applying the no-disadvantage test
346M. Workplace Authority Director must notify of decision
346N. Agreement does not pass no-disadvantage test
346P. Lodging of variation documents with the Workplace Authority Director
346Q. Workplace Authority Director must test varied agreement
346R. Operation of section 346N variations
Subdivision D--Agreements that operate from lodgment
346S. Application of this Subdivision
346T. Applying the no-disadvantage test
346U. Workplace Authority Director must notify of decision
346V. Agreement does not pass no-disadvantage test--agreement not in operation
346W. Agreement does not pass no-disadvantage test--agreement in operation
346X. Lodging of variation documents with the Workplace Authority Director
346Y. Operation of section 346W variations
346Z. Workplace Authority Director must test varied agreement
346ZA. Effect of decision on no-disadvantage test
346ZB. Employment arrangements that apply if a workplace agreement ceases to operate because it does not pass no-disadvantage test
346ZC. Effect of section 346ZB in relation to instruments
346ZD. Redundancy provisions and section 394 undertakings
346ZE. Operation of workplace agreements
346ZF. Regulations may make provision for operation of provisions of revived instruments
Subdivision E--Entitlement to compensation
346ZG. Employee is entitled to compensation in respect of no-disadvantage test period
Subdivision F--Civil remedy provisions
346ZH. Employer must notify employees
346ZJ. Employer not to dismiss etc. employee because agreement does not pass the no-disadvantage test
346ZK. Other remedies for the contravention of section 346ZJ
Division 6--Operation of workplace agreements and persons bound
347. When a workplace agreement is in operation
347A. Whether certain non-compliance affects the operation of a workplace agreement
348. Relationship between overlapping workplace agreements
349. Effect of awards while workplace agreement is in operation
350. Workplace agreement displaces certain Commonwealth laws
351. Persons bound by workplace agreements
Division 7--Content of workplace agreements
Subdivision A--Required content
352. Nominal expiry date
353. Workplace agreement to include dispute settlement procedures
Subdivision B--Prohibited content
356. Prohibited content
357. Employer must not lodge agreement containing prohibited content
358. Prohibited content in workplace agreement is void
359. Initiating consideration of removal of prohibited content
360. Workplace Authority Director must give notice that he or she is considering variation
361. Matters to be contained in notice
362. Employer must ensure employees have ready access to notice
363. Workplace Authority Director must remove prohibited content from agreement
364. Employer must give employees notice of removal of prohibited content
365. Seeking to include prohibited content in an agreement
366. Misrepresentations about prohibited content
Division 8--Varying a workplace agreement
Subdivision A--General
367. Varying a workplace agreement
368. When a variation to a workplace agreement is made
368A. Documents taken to be variations of workplace agreements etc.
Subdivision B--Pre-lodgment procedure for variations
369. Eligible employee in relation to variation of workplace agreement
370. Providing employees with ready access and information statement
371. Employees may waive 7-day period
372. Prohibition on withdrawal from variation to union collective agreement or union greenfields agreement
373. Approval of a variation to a workplace agreement
374. Employer must not lodge unapproved variation
Subdivision C--Lodgment of variations
375. Employer must lodge variations with the Workplace Authority Director
376. Lodging variation to multiple-business agreement without authorisation
377. Lodging of variation documents with the Workplace Authority Director
378. Workplace Authority Director must issue receipt for lodgment of declaration for variation
379. Employer must notify employees after lodging variation
Subdivision D--When a variation comes into operation
380. When a variation comes into operation
380A. Whether certain non-compliance affects the operation of a variation
Division 9--Terminating a workplace agreement
Subdivision A--General
381. Types of termination
381A. Documents taken to be terminations of workplace agreements etc.
Subdivision B--Termination by approval
382. Terminating a workplace agreement by approval
383. Eligible employee in relation to termination of workplace agreement
384. Providing employees with information statement
385. Prohibition on withdrawal from termination of union collective agreement or union greenfields agreement
386. Approval of a termination
387. Employer must not lodge unapproved termination
Subdivision C--Termination by approval
388. Employer must lodge termination with the Workplace Authority Director
389. Lodging termination documents with the Workplace Authority Director
390. Workplace Authority Director must issue receipt for lodgment of declaration for termination
391. Employer must notify employees after lodging termination
Subdivision D--Unilateral termination after nominal expiry date
392. Unilateral termination in a manner provided for in workplace agreement
393. Unilateral termination of ITEA with 90 days written notice
394. Undertakings about post-termination conditions
395. Lodging unilateral termination documents with the Workplace Authority Director
396. Workplace Authority Director must issue receipt for lodgment of declaration for notice of termination
397. Employer must notify employees after lodging notice of termination
Subdivision DA--Termination by the Commission
397A. Termination by the Commission
Subdivision E--Effect of termination
398. Whether a termination takes effect if certain non-compliance occurs
399A. Preservation of redundancy provisions in certain circumstances
Division 10--Prohibited conduct
400. Coercion and duress
401. False or misleading statements
402. Employers not to discriminate between unionist and non-unionist
Division 11--Contravention of civil remedy provisions
Subdivision A--General
403. General powers of Court not affected by this Division
404. Workplace inspector may take over proceeding
405. Standing for civil remedies
Subdivision B--Pecuniary penalty for contravention of civil remedy provisions
406. Application of Subdivision
407. Court may order pecuniary penalty
Subdivision C--Other remedies for contravention of certain civil remedy provisions
408. Application of Subdivision
409. Court may declare workplace agreement or part of workplace agreement void
410. Court may vary terms of workplace agreement
411. Court may order that workplace agreement continues to operate despite termination
412. Date of effect and preconditions for orders under sections 409, 410 and 411
412A. Court may give effect to purported workplace agreements etc.
413. Court may order compensation
414. Court may order injunction
Division 12--Miscellaneous
415. ITEAs with Commonwealth employees
416. Evidence--verified copies
417. Evidence--certificates
418. Regulations relating to workplace agreements
PART 9--INDUSTRIAL ACTION
Division 1--Preliminary
419. Definitions
420. Meaning of industrial action
421. Meaning of pattern bargaining
422. Extraterritorial extension
Division 2--Bargaining periods
423. Initiation of bargaining period
424. Employee may appoint agent to initiate bargaining period
425. Identity of person who has appointed agent not to be disclosed
426. Particulars to accompany notice
427. When bargaining period begins
428. When bargaining period ends
429. Power of Commission to restrict initiation of new bargaining periods
430. Suspension and termination of bargaining periods--general powers of Commission
431. Suspension and termination of bargaining periods--pattern bargaining
432. Suspension of bargaining periods--cooling off
433. Suspension of bargaining periods--significant harm to third party
434. Industrial action without further protected action ballot after end of suspension of bargaining period
Division 3--Protected action
Subdivision A--What is protected action
435. Protected action
Subdivision B--Exclusions from protected action
436. Exclusion--claims in support of inclusion of prohibited content
437. Exclusion--industrial action while bargaining period is suspended
438. Exclusion--industrial action must not involve persons who are not protected for that industrial action
439. Exclusion--industrial action must not be in support of pattern bargaining claims
440. Exclusion--industrial action must not be taken until after nominal expiry date of workplace agreements or workplace determinations
441. Exclusion--notice of action to be given
442. Employee may appoint agent to give notice under section 441
443. Exclusion--requirement that employee organisation or employee comply with Commission orders and directions
444. Exclusion--requirement that employer genuinely try to reach agreement etc.
445. Exclusion--employee and employee organisation action to be authorised by secret ballot or be in response to employer action
446. Exclusion--employee organisation action must be duly authorised
Subdivision C--Significance of action being protected action
447. Immunity provisions
448. Employer not to dismiss employee etc. for engaging in protected action
Division 4--Secret ballots on proposed protected action
Subdivision A--General
449. Object of Division and overview of Division
450. Definitions
Subdivision B--Application for order for protected action ballot to be held
451. Who may apply for a ballot order etc.
452. Contents of application
453. Material to accompany application
454. Notice of application
455. Joint applications
Subdivision C--Determination of application and order for ballot to be held
456. Commission may notify parties etc. of procedure
457. Commission to act quickly in relation to application etc.
458. Parties and relevant employees may make submissions and apply for directions
459. Commission may make orders or give directions
460. Commission procedure regarding multiple applications
461. Application not to be granted unless certain conditions are met
462. Grant of application--order for ballot to be held
463. Matters to be included in order
464. Guidelines for ballot timetables
465. Power of Commission to require information relevant to roll of voters
466. Roll to be compiled by Commission or ballot agent
467. Eligibility to be included on the roll
468. Adding or removing names from the roll
469. Variation of order
470. Expiry and revocation of order
471. Compliance with orders and directions
472. Commission to notify parties and authorised ballot agent
Subdivision D--Conduct and results of protected action ballot
473. Conduct of ballot
474. Form of ballot paper
475. Who can vote
476. Declaration of ballot results
477. Ballot reports
478. Effect of ballot
479. Registrar to record questions put in ballot, and to publish results of ballot
Subdivision E--Authorised ballot agents and authorised independent advisers
480. Who may be an authorised ballot agent?
481. Who may be an authorised independent adviser?
Subdivision F--Funding of ballots
482. Liability for cost of ballot
483. Commonwealth has partial liability for cost of completed ballot
484. Liability for cost of legal challenges
Subdivision G--Miscellaneous
485. Identity of certain persons not to be disclosed by Commission
486. Persons not to disclose identity of certain persons
487. Immunity if person acted in good faith on ballot results
488. Limits on challenges etc. to ballot orders etc.
489. Limits on challenges etc. to ballots
490. Penalties not affected
491. Preservation of roll of voters, ballot papers etc.
492. Conferral of function on Australian Electoral Commission
493. Regulations
Division 5--Industrial action not to be engaged in before nominal expiry date of workplace agreement or workplace determination
494. Industrial action etc. must not be taken before nominal expiry date of collective agreement or workplace determinations
495. Industrial action must not be taken before nominal expiry date of ITEA
Division 6--Orders and injunctions against industrial action
496. Orders and injunctions against industrial action--general
497. Injunction against industrial action if pattern bargaining engaged in in relation to proposed collective agreement
Division 7--Ministerial declarations terminating bargaining periods
498. Minister's declaration
499. Minister's directions to remove or reduce the threat
Division 8--Workplace determinations
500. Application of Division
501. Definitions
502. Negotiating period
503. When Full Bench must make workplace determination
504. Content of workplace determination
505. Who is bound by a workplace determination?
506. Act applies to workplace determination as if it were a collective agreement
Division 9--Payments in relation to periods of industrial action
507. Payments not to be made or accepted in relation to periods of industrial action
508. Organisations not to take action for payments in relation to periods of industrial action
509. Persons not to coerce people for payments in relation to periods of industrial action
PART 10--AWARDS
Division 1--Preliminary
510. Objects of Part
511. Performance of functions by the Commission
512. Extraterritorial extension
Division 2--Terms that may be included in awards
Subdivision A--Allowable award matters
513. Allowable award matters
514. Dispute settling procedures
515. Matters that are not allowable award matters
516. Matters provided for by the Australian Fair Pay and Conditions Standard
517. Awards may not include terms involving discrimination and preference
518. Awards may not include certain terms about rights of entry
519. Awards may not include enterprise flexibility provisions
Subdivision B--Other terms that are permitted to be in awards
520. Preserved award terms
521. Facilitative provisions
522. Incidental and machinery terms
523. Anti-discrimination clauses
524. Boards of reference
Subdivision C--Terms in awards that cease to have effect
525. Terms in awards that cease to have effect after the reform commencement
Subdivision D--Regulations relating to part-time employees
526. Award conditions for part-time employees
Division 3--Preserved award entitlements
527. Preservation of certain award terms
529. When preserved award entitlements have effect
530. Meaning of more generous
531. Modifications that may be prescribed--personal/carer's leave
532. Modifications that may be prescribed--parental leave
533. Preserved award terms--employers bound after reform commencement
Division 5--Variation and revocation of awards
Subdivision A--Variation of awards
552. Variation of awards--general
553. Variation of awards if essential to maintain minimum safety net entitlements
554. Variation of awards--other grounds
Subdivision B--Revocation of awards
556. Revocation of awards--award obsolete or no longer capable of operating
Division 6--Binding additional employers, employees and organisations to awards
557. Binding additional employers, employees and organisations to an award
558. Application to be bound by an award--agreement between employer and employees
559. Application to be bound by an award--no agreement between employer and employees
560. Application to be bound by an award--new organisations
561. Application by new organisation to be bound by an award--when application may be made
562. Process for valid majority of employees
563. General provisions
Division 7--Outworkers
564. Definitions
566. Binding additional eligible entities and employers
Division 8--Technical matters
567. Making and publication of awards and award-related orders
568. Awards and award-related orders must meet certain requirements
569. Registrar's powers if member ceases to be a member
570. Form of awards
571. Date of awards
572. Commencement of awards
573. Continuation of awards
574. Awards of Commission are final
575. Reprints of awards as varied
576. Expressions used in awards
PART 10A--AWARD MODERNISATION
Division 1--Preliminary
576A. Object of Part
Division 2--Award modernisation process
576B. Commission's award modernisation function
576C. Award modernisation request
576D. Award modernisation request to be published
576E. Procedure for carrying out award modernisation process
576F. Completion of award modernisation process
576G. Full Bench must make modern awards
576H. Commission may vary modern awards
Division 3--Terms of modern awards
Subdivision A--Terms that may be included in modern awards
576J. Matters that may be dealt with by modern awards
576K. Terms providing for outworkers
576L. Terms may only provide a fair minimum safety net
576M. Incidental and machinery terms
576N. Terms must be in accordance with award modernisation request
Subdivision B--Terms that must not be included in modern awards
576P. Terms not permitted by Subdivision A
576Q. Terms that breach freedom of association provisions
576R. Terms about right of entry
576S. Terms that are discriminatory
576T. Terms that contain State-based differences
Division 4--Who is bound by modern awards
576U. Definitions
576V. Who is bound by a modern award
Division 5--Technical matters
576W. Formal requirements of modern awards and variation orders
576X. When is a modern award or variation order made
576Y. Commencement of modern awards and variation orders
576Z. Modern awards and variation orders must be published
576ZA. Modern awards and variation orders are final
576ZB. Expressions used in modern awards and variation orders
PART 11--TRANSMISSION OF BUSINESS RULES
Division 1--Introductory
577. Object
578. Simplified outline
579. Definitions
Division 2--Application of Part
580. Application of Part
581. Transferring employees
582. Transferring employees in relation to particular instrument
Division 3--Transmission of ITEA
583. Transmission of ITEA
584. Termination of transmitted ITEA
Division 4--Transmission of collective agreement
Subdivision A--General
585. Transmission of collective agreement
586. Interaction rules
587. Transmitted collective agreement ceasing in relation to transferring employee
588. Termination of transmitted collective agreement
Subdivision B--Commission's powers
589. Application and terminology
590. Commission may make order
591. When application for order can be made
592. Who may apply for order
593. Applicant to give notice of application
594. Submissions in relation to application
Division 5--Transmission of award
595. Transmission of award
596. Interaction rules
597. Transmitted award ceasing in relation to transferring employee
Division 6--Transmission of APCS
598. Transmission of APCS
Division 6A--Transmission of preserved redundancy provisions from workplace agreements
598A. Transmission of preserved redundancy provisions from workplace agreements
Division 7--Entitlements under the Australian Fair Pay and Conditions Standard
599. Parental leave entitlements
600. New employer assuming liability for particular entitlements
601. New employer assuming entitlements generally
Division 7A--Application of no-disadvantage test
601A. No decision under section 346D at time of transmission
601B. No decision on a varied agreement under section 346Z at time of transmission
601C. Employees still employed by old employer
601D. Employment arrangements if a workplace agreement ceases to operate because it does not pass no-disadvantage test
601E. Effect of section 601D in relation to instruments
601F. Regulations may make provision for operation of revived instruments
601G. Compensation in respect of no-disadvantage test period
601H. Notice requirements in relation to transmission of business
Division 8--Notice requirements and enforcement
602. Informing transferring employees about transmission of instrument
603. Lodging copy of notice with Workplace Authority Director
603A. Informing transferring employees about transmission of preserved redundancy provisions
603B. Lodging copy of notice about preserved redundancy provisions with Workplace Authority Director
604. Workplace Authority Director must issue receipt for lodgment
605. Civil penalties
Division 9--Miscellaneous
606. Regulations
PART 12--MINIMUM ENTITLEMENTS OF EMPLOYEES
Division 1--Entitlement to meal breaks
607. Meal breaks
608. Displacement of entitlement to meal breaks
609. Model dispute resolution process
610. Extraterritorial extension
Division 2--Entitlement to public holidays
611. Definition of public holiday
612. Entitlement to public holidays
613. Reasonableness of refusal
614. Model dispute resolution process
615. Employer not to prejudice employee for reasonable refusal
616. Penalties etc. for contravention of section 615
617. Burden of proof in relation to reasonableness of refusal
618. Proof not required of the reason for conduct
619. Extraterritorial extension
Division 3--Equal remuneration for work of equal value
620. Object
621. Relationship of this Division to other laws providing alternative remedies
622. Relationship of this Division to AFPC decisions and the Australian Fair Pay and Conditions Standard
623. Equal remuneration for work of equal value
624. Orders requiring equal remuneration
625. Orders only on application
626. Conciliation or mediation
627. If conciliation or mediation is unsuccessful
628. Hearing of matter by member who conducted conciliation
629. Immediate or progressive introduction of equal remuneration
630. Employer not to reduce remuneration
631. Employer not to prejudice employee
632. Penalties etc. for contravention of section 631
633. Proof not required of the reason for conduct
634. Extraterritorial extension
Division 4--Termination of employment
Subdivision A--Object, application and definitions
635. Object
636. Meaning of employee, employer and employment
637. Application
638. Exclusions
639. Regulations may provide for additional exclusions
640. People's rights, liabilities and obligations the same as if certain provisions of the regulations had been valid
641. Extraterritorial extension
642. Definitions
Subdivision B--Application to Commission for relief in respect of termination of employment
643. Application to Commission to deal with termination under this Subdivision
644. Fees for lodging applications under section 643
645. Motions for dismissal of application for want of jurisdiction
646. Applications that are frivolous, vexatious or lacking in substance
647. Extension of time applications may be decided without a hearing
648. Matters that do not require a hearing
649. Dismissal of application relating to termination for operational reasons
650. Conciliation
651. Elections to proceed to arbitration or to begin court proceedings
652. Arbitration
653. Exercise of arbitration powers by member who has exercised conciliation powers
654. Remedies on arbitration
655. Orders made on arbitration are binding
656. Representatives to disclose contingency fee agreements
657. Commission may dismiss application if applicant fails to attend
658. Commission may order payment of costs
Subdivision C--Unlawful termination of employment by employer
659. Employment not to be terminated on certain grounds
660. Employer to notify CES of proposed terminations in certain cases
661. Employer to give notice of termination
662. Contravention of this Subdivision not an offence
663. Application to courts in relation to alleged contravention of section 659, 660 or 661
664. Proof of issues in relation to alleged contravention of section 659
665. Orders available to courts
666. Costs
667. Small claims procedure
Subdivision D--Commission orders after employer fails to consult trade union about terminations
668. Orders by Commission where employer fails to consult trade union about terminations
669. Orders only on application
670. Powers and procedures of Commission for dealing with applications
671. No order if alternative remedy exists
Subdivision E--Rights relating to termination of employment
672. Limitation on applications alleging termination on paragraph 643(1)(a) grounds
673. No second applications under section 643 concerning same termination to be made
674. Limitation on applications alleging unlawful termination
Subdivision F--Unmeritorious or speculative proceedings
675. Definitions
676. Advisers not to encourage applicants to make, or to pursue, certain applications
677. Applications to the Court
678. Evidentiary matters
679. Order that the Court may make
Division 5--Orders and proceedings
680. Orders to be in writing
681. When orders take effect
682. Compliance with orders
683. Variation and revocation of orders
684. Representation of employers
685. Appeals to Full Bench
686. Inconsistency with awards or other orders of Commission
687. Meaning of employee and employer
Division 6--Parental leave
688. Object and application of Division
689. Entitlement to parental leave
690. Division supplements other laws
691. Model dispute resolution process
Division 7--Stand downs
691A. Employer may stand down employees in certain circumstances
691B. Prohibition of unauthorised stand downs
691C. Extraterritorial extension
PART 13--DISPUTE RESOLUTION PROCESSES
Division 1--Preliminary
692. Object
693. Court process
Division 2--Model dispute resolution process
694. Model dispute resolution process
695. Resolving dispute at workplace level
696. Where dispute cannot be resolved at workplace level
697. Conduct during dispute
Division 3--Alternative dispute resolution process conducted by Commission under model dispute resolution process
698. Alternative dispute resolution process
699. Application
700. Refusing application
701. Commission's powers
702. Privacy
703. When alternative dispute resolution process complete
Division 4--Alternative dispute resolution process used to resolve other disputes
704. Application
705. Grounds on which Commission must refuse application
706. Powers of the Commission
707. Privacy
708. When alternative dispute resolution process complete
Division 5--Dispute resolution process conducted by the Commission under workplace agreement
709. Application
710. Grounds on which Commission must refuse application
711. Commission's powers
712. Privacy
Division 6--Dispute resolution process conducted by another provider
713. Application of this Division
714. Representation
715. Privacy
716. Where anti-discrimination or equal opportunity proceedings in progress
PART 14--COMPLIANCE
Division 1--Definitions
717. Definitions
Division 2--Penalties and other remedies for contravention of applicable provisions
718. Standing to apply for penalties or remedies under this Division [see Note 2]
719. Imposition and recovery of penalties
720. Recovery of wages etc.
721. Damages for breach of ITEA
722. Interest up to judgment
723. Interest on judgment
724. Plaintiffs may choose small claims procedure in magistrates' courts
725. Small claims procedure
726. Unclaimed moneys
Division 3--General provisions relating to civil remedies
727. Operation of this Division
728. Involvement in contravention treated in same way as actual contravention
729. Civil evidence and procedure rules for civil remedy orders
730. Recovery of pecuniary penalties
731. Civil proceedings after criminal proceedings
732. Criminal proceedings during civil proceedings
733. Criminal proceedings after civil proceedings
734. Evidence given in proceedings for pecuniary penalty not admissible in criminal proceedings
735. Civil double jeopardy
PART 15--RIGHT OF ENTRY
Division 1--Preliminary
736. Objects of this Part
737. Definitions
738. Form of entry notice
739. Extraterritorial extension
Division 2--Issue of permits
740. Issue of permit
741. Imposition of permit conditions at time of issue
742. Permit not to be issued in certain cases
Division 3--Expiry, revocation, suspension etc
743. Expiry of permit
744. Revocation, suspension etc. by Registrar
745. Revoked etc. permit must be returned to Registrar
746. Extra conditions to be endorsed on permit
Division 4--Right of entry to investigate suspected breaches
747. Right of entry to investigate breach
748. Rights of permit holder after entering premises
749. Limitation on rights--entry notice or exemption certificate
750. Exemption from requirement to provide entry notice
751. Limitation on rights--failure to comply with requests of occupier or affected employer
752. Limitation on rights--residential premises
753. Limitation on rights--permit conditions
754. Burden of proving reasonable grounds for suspecting breach
Division 5--Entry for OHS purposes
755. OHS entries to which this Division applies
756. Permit required for OHS entry
757. Rights to inspect employment records after entering premises
758. Limitation on OHS entry--failure to comply with requests of occupier
759. Limitation on OHS entry--permit conditions
Division 6--Right of entry to hold discussions with employees
760. Right of entry to hold discussions with employees
761. Limitation on rights--times of entry and discussions
762. Limitation on rights--conscientious objection certificates
763. Limitation on rights--entry notice
764. Limitation on rights--residential premises
765. Limitation on rights--failure to comply with requests of occupier or affected employer
766. Limitation on rights--permit conditions
Division 7--Prohibitions
767. Hindering, obstruction etc. in relation to this Part
768. Misrepresentations about right of entry
Division 8--Enforcement
769. Penalties etc. for contravention of civil remedy provisions
Division 9--Powers of the Commission
770. Orders by Commission for abuse of system
771. Unreasonable requests by occupier or affected employer
772. Disputes about the operation of this Part
773. Powers of inspection
774. Parties to proceedings
775. Kinds of orders
776. Relief not limited to claim
777. Publishing orders
PART 16--FREEDOM OF ASSOCIATION
Division 1--Preliminary
778. Objects of Part
779. Definitions
780. Meaning of industrial action
781. Meaning of office
Division 2--Conduct to which this Part applies
782. Application
783. Organisations
784. Matters arising under this Act or the Registration and Accountability of Organisations Schedule
785. Constitutional corporations
786. Commonwealth and Commonwealth authorities
787. Territories and Commonwealth places
788. Extraterritorial extension
Division 3--General prohibitions relating to freedom of association
789. Coercion
790. False or misleading statements about membership
791. Industrial action for reasons relating to membership
Division 4--Conduct by employers etc
792. Dismissal etc. of members of industrial associations etc.
793. Prohibited reasons
794. Inducements to cease membership etc. of industrial associations etc.
Division 5--Conduct by employees etc
795. Cessation of work
Division 6--Conduct by industrial associations etc
796. Industrial associations acting against employers
797. Industrial associations acting against employees etc.
798. Industrial associations acting against members
799. Industrial associations acting against independent contractors etc.
800. Industrial associations acting against independent contractors etc. to encourage contraventions
801. Industrial associations not to demand bargaining services fee
802. Action to coerce person to pay bargaining services fee
803. Industrial associations not prevented from entering contracts
Division 7--Conduct in relation to industrial instruments
804. Discrimination against employer in relation to industrial instruments
Division 8--False or misleading representations about bargaining services