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FAIR WORK REGULATIONS 2009

- made under the Fair Work Act 2009

Table of Provisions

CHAPTER 1--Introduction

PART 1-1--INTRODUCTION

Division 1--Preliminary

  • 1.01 Name of Regulations

PART 1-2--DEFINITIONS

Division 1--Introduction

Division 2--The Dictionary

  • 1.04 Meaning of designated outworker term
  • 1.05 Meaning of eligible State or Territory court
  • 1.06 Meaning of prescribed State industrial authority
  • 1.07 Meaning of serious misconduct
  • 1.08 Meaning of TCF award

Division 4--Other definitions

  • 1.09 Meaning of base rate of pay-- pieceworkers (national system employee)
  • 1.10 Meaning of base rate of pay --pieceworkers (enterprise agreement)
  • 1.11 Meaning of ordinary hours of work for award/agreement free employees
  • 1.12 Meaning of pieceworker

PART 1-3--APPLICATION OF THE ACT

Division 2--Interaction with State and Territory laws

  • 1.13 State and Territory laws that are not excluded by section 26 of the Act--prescribed laws
  • 1.14 Act excludes prescribed State and Territory laws
  • 1.15 Interaction of modern awards and enterprise agreements with State and Territory laws

Division 2A--Application of Act in a referring State

  • 1.15A State public sector employer

Division 3--Geographical application of the Act

  • 1.15B Definitions for Division 3
  • 1.15C Meanings of Australian employer and Australian - based employee
  • 1.15D Modification of application of Act--ships engaged in innocent passage
  • 1.15DA Modification of application of Act--Christmas Island and Cocos (Keeling) Islands
  • 1.15E Extension of Act to the exclusive economic zone and the continental shelf--ships
  • 1.15F Extension of Act beyond the exclusive economic zone and the continental shelf
  • 1.15G Amendments made by Fair Work Amendment Regulation 2012 (No. 2)

Division 4--Miscellaneous

  • 1.16 Interaction between fair work instruments and public sector employment laws

CHAPTER 2--Terms and conditions of employment

PART 2-2--THE NATIONAL EMPLOYMENT STANDARDS

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

  • 2.01 Fair Work Ombudsman to prepare and publish Fair Work Information Statement--content
  • 2.02 Fair Work Ombudsman to prepare and publish Fair Work Information Statement--manner of giving Statement to employees
  • 2.02A Fair Work Ombudsman to prepare and publish Casual Employment Information Statement--manner of giving Statement to casual employees

Division 13--Miscellaneous

  • 2.03 What can be agreed to etc. in relation to award/agreement free employees
  • 2.03A Claims to offset certain amounts

PART 2-4--ENTERPRISE AGREEMENTS

Division 3--Bargaining and representation during bargaining

  • 2.04 Notice of employee representational rights--how notice is given
  • 2.05 Notice of employee representational rights--prescribed form
  • 2.06 Appointment of bargaining representatives--independence

Division 4--Approval of enterprise agreements

  • 2.06AA Disclosure of benefits by organisations and employers--requirements for documents
  • 2.06A Bargaining representative must apply for FWC approval of an enterprise agreement--requirements for signing agreement
  • 2.07 FWC may approve an enterprise agreement with undertakings--requirements for signing undertaking
  • 2.08 Model flexibility term for enterprise agreement
  • 2.09 Model consultation term for enterprise agreement

Division 7--Variation and termination of enterprise agreements

Subdivision A--Variation of enterprise agreements by employers and employees: general circumstances
  • 2.09A Requirements for signing variation of enterprise agreement
  • 2.10 FWC may approve variation of enterprise agreement with undertaking--requirements for signing undertaking for variation
  • 2.10A Approval of variations of enterprise agreements--modification of requirement to take into account statement of principles on genuine agreement
    • Subdivision AA--Variation of supported bargaining agreement to add employer and employees (with consent)
  • 2.10B Requirements for signing variations of supported bargaining agreements to add employer and employees (with consent)
    • Subdivision AB--Variation of supported bargaining agreement to add employer and employees (without consent)
  • 2.10C Requirements for signing variations of supported bargaining agreements to add employer and employees (without consent)
    • Subdivision AC--Variation of cooperative workplace agreement to add employer and employees
  • 2.10D Requirements for signing variations of cooperative workplace agreements to add employer and employees
    • Subdivision AD--Variation of single interest employer agreement to add employer and employees
  • 2.10E Requirements for signing variations of single interest employer agreements to add employer and employees (with consent)
  • 2.10F Requirements for signing variations of single interest employer agreements to add employer and employees (without consent)
    • Subdivision AE--Variation of multi-enterprise agreement to remove employer and employees
  • 2.10G Requirements for signing variations of multi - enterprise agreements to remove employer and employees (with consent)
    • Subdivision D--Termination of enterprise agreements after nominal expiry date
  • 2.10H Requirements for signing guarantee of termination entitlements

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

  • 2.11 What a bargaining order must specify--bargaining order for reinstatement of employee

PART 2-9--OTHER TERMS AND CONDITIONS OF EMPLOYMENT

Division 2--Payment of wages

  • 2.12A Employee authorised deductions--authorisation requirements
  • 2.12 Certain terms have no effect--reasonable and not reasonable deductions

Division 3--Guarantee of annual earnings

  • 2.13 High Income threshold

Division 5--Fixed term contracts

  • 2.14 Limitations on fixed term contracts--high income threshold exception
  • 2.15 Contracts to which limitations on fixed term contracts do not apply

CHAPTER 3--Rights and responsibilities of employees, employers, organisations etc.

PART 3-1--GENERAL PROTECTIONS

Division 5--Other protections

  • 3.01 Temporary absence--illness or injury

Division 8--Compliance

Subdivision A--Contraventions involving dismissal
  • 3.02 Application fees
    • Subdivision B--Other contraventions
  • 3.03 Application fees
    • Subdivision C--Conference costs
  • 3.04 Schedule of costs

PART 3-2--UNFAIR DISMISSAL

Division 2--Protection from unfair dismissal

  • 3.05 When a person is protected from unfair dismissal--high income threshold

Division 4--Remedies for unfair dismissal

  • 3.06 Remedy--compensation (amount taken to have been received by the employee)

Division 5--Procedural matters

  • 3.07 Application fees
  • 3.08 Schedule of costs

PART 3-3--INDUSTRIAL ACTION

Division 2--Protected industrial action

  • 3.09 Purposes prescribed for continuity of employment when employer response action occurs

Division 6--Suspension or termination of protected industrial action by the FWC

  • 3.10 Persons who can apply for an order to suspend or terminate protected industrial action

Division 8--Protected action ballots

  • 3.11 Requirements for protected action ballot agent
  • 3.12 Requirements for independent advisor
  • 3.13 Notice of protected action ballot order--notifying employees
  • 3.14 Conduct of protected action ballot--directions about ballot paper
  • 3.15 Compilation of roll of voters
  • 3.16 Protected action ballot papers--form
  • 3.16A Conduct of protected action ballot by electronic voting
  • 3.17 Report about conduct of protected action ballot--independent advisor
    • Subdivision G--Miscellaneous
  • 3.18 Conduct of protected action ballot--ballot papers
  • 3.19 Conduct of protected action ballot--scrutiny of ballot
  • 3.20 Conduct of protected action ballot--scrutineers

Division 9--Payments relating to periods of industrial action

  • 3.21 Payments relating to partial work bans--working out proportion of reduction of employee's payments
  • 3.22 Payments relating to partial work bans--form of partial work ban notice
  • 3.23 Payments relating to partial work bans--content of partial work ban notice
  • 3.24 Manner of giving notice about partial work ban

PART 3-4--RIGHT OF ENTRY

Division 2--Entry to investigate suspected contravention relating to TCF award workers

  • 3.24A Prescribed accreditation body

Division 3--State or Territory OHS rights

  • 3.25 Meaning of State or Territory OHS law

Division 6--Entry permits, entry notices and certificates

  • 3.26 Requirements for entry permits
  • 3.26A Photographic identification to be produced with certain entry permits
  • 3.27 Form of entry notice
  • 3.28 Form of exemption certificate
  • 3.29 Form of affected member certificate

PART 3-5A----PROHIBITING SEXUAL HARASSMENT CONNECTED WITH WORK

Division 3--Dealing with sexual harassment disputes

  • 3.29A Applications for the FWC to deal with sexual harassment disputes--defence members

PART 3-6--OTHER RIGHTS AND RESPONSIBILITIES

Division 2--Notification and consultation relating to certain dismissals

Subdivision A--Requirement to notify Centrelink
  • 3.30 Employer to notify Centrelink of certain proposed dismissals--form of notice

Division 3--Employer obligations in relation to employee records and pay slips

Subdivision 1--Employee records
  • 3.31 Records--form
  • 3.32 Records--content
  • 3.33 Records--pay
  • 3.34 Records--overtime
  • 3.35 Records--averaging of hours
  • 3.36 Records--leave
  • 3.37 Records--superannuation contributions
  • 3.38 Records--individual flexibility arrangement
  • 3.39 Records--guarantee of annual earnings
  • 3.40 Records--termination of employment
  • 3.41 Records--transfer of business
  • 3.42 Records--inspection and copying of a record
  • 3.43 Records--information concerning a record
  • 3.44 Records--accuracy
    • Subdivision 2--Pay slips
  • 3.45 Pay slips--form
  • 3.46 Pay slips--information to be included in pay slips
  • 3.47 Pay slips--information about paid family and domestic violence leave not to be included in pay slips
  • 3.48 Pay slips--requirements for reporting paid family and domestic violence leave

CHAPTER 4--Compliance and enforcement

PART 4-1--CIVIL REMEDIES

Division 2--Orders

  • 4.01A Applications for orders in relation to contraventions of civil remedy provisions

Division 3--Small claims procedure

  • 4.01 Plaintiffs may choose small claims procedure

Division 4--General provisions relating to civil remedies and infringement notices

  • 4.02 General
  • 4.03 Definitions for Division 4
  • 4.03A Course of conduct
  • 4.04 When an infringement notice can be given
  • 4.05 Content of infringement notice
  • 4.06 Time for payment of penalty
  • 4.07 Extension of time to pay penalty
  • 4.08 Withdrawal of infringement notice
  • 4.09 Effect of payment of penalty
  • 4.10 Refund of penalty

Division 5--Unclaimed money

  • 4.11 Unclaimed money

CHAPTER 5--Administration

PART 5-1--FAIR WORK COMMISSION

Division 5--FWC members

  • 5.01 Delegation by President of functions and powers of FWC
  • 5.01A Delegation by the President of functions or powers of FWC--prescribed class of employees
  • 5.01B Appointment of Vice President
  • 5.02 Dual federal and Territory appointments of Deputy Presidents or Commissioners
  • 5.03 Oath and affirmation of office

Division 7--Seals and additional powers of the President and the General Manager

  • 5.04 President must provide certain information etc. to the Minister and Fair Work Ombudsman
  • 5.04A Delegation by General Manager to staff

PART 5-2--OFFICE OF THE FAIR WORK OMBUDSMAN

Division 3--Office of the Fair Work Ombudsman

Subdivision D--Functions and powers of Fair Work Inspectors--general
  • 5.05 Powers and functions of inspectors--notification of failure to observe requirements
    • Subdivision DA--Power to enter premises
  • 5.06 Powers of inspectors while on premises--taking samples of goods and substances
    • Subdivision DB--Powers to ask questions and require records and documents
  • 5.07 Definitions for Subdivision DB
  • 5.08 Form of FWO notice
  • 5.09 Expenses incurred in attending as required by an FWO notice
  • 5.10 Travelling allowance
  • 5.11 Accommodation allowance
  • 5.12 Attendance allowance
  • 5.13 Legal allowance

CHAPTER 6--Miscellaneous

PART 6-2--DEALING WITH DISPUTES

Division 2--Dealing with disputes

Subdivision A--Model term about dealing with disputes
  • 6.01 Model term about dealing with disputes

PART 6-3--EXTENSION OF NATIONAL EMPLOYMENT STANDARDS ENTITLEMENTS

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

  • 6.02 Modification of meaning of base rate of pay for pieceworkers (non - national system employees)
  • 6.03 Meaning of pieceworker

PART 6-3A----TRANSFER OF BUSINESS FROM STATE PUBLIC SECTOR EMPLOYER

  • 6.03A FWC orders about coverage for employee organisations
  • 6.03B Model term for dealing with disputes about matters arising under a copied State instrument

PART 6-4--ADDITIONAL PROVISIONS RELATING TO TERMINATION OF EMPLOYMENT

Division 2--Termination of employment

  • 6.04 Temporary absence--illness or injury
  • 6.05 Application fees
  • 6.06 Schedule of costs

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

Subdivision B--Requirement to notify Centrelink
  • 6.07 Employer to notify Centrelink of certain proposed terminations--form of notice

PART 6-4B----WORKERS BULLIED AT WORK

Division 2--Stopping workers being bullied at work

PART 6-4C----CORONAVIRUS ECONOMIC RESPONSE

Division 1--Introduction

  • 6.07B 10% decline in turnover test--modification

Division 5A--Flexibility provisions relating to employers previously entitled to jobkeeper payment

  • 6.07C Jobkeeper enabling stand down--employer previously entitled to jobkeeper payment for employee

PART 6-4D----THE NATIONAL CONSTRUCTION INDUSTRY FORUM

  • 6.07CA Travel allowances--prescribed rates

PART 6-4DA----TRANSITIONAL MATTERS RELATING TO EMPLOYERS ETC. CEASING TO BE NATIONAL SYSTEM EMPLOYERS ETC.

Division 1--Western Australian local government employers etc.

  • 6.07D Definitions
  • 6.07E Purpose of this Division
  • 6.07F Transitional--FWC matters
  • 6.07G Transitional--court proceedings

PART 6-5--MISCELLANEOUS

Division 2--Miscellaneous

Subdivision 1--Employment matters
  • 6.08 Public sector employer to act through employing authority--meaning of public sector employment
  • 6.09 Public sector employer to act through employing authority--meaning of employing authority
  • 6.10 No action for defamation in certain cases

CHAPTER 7--Transitional provisions

PART 7-1--AMENDMENTS MADE BY THE FAIR WORK AMENDMENT (NOTICE OF EMPLOYEE REPRESENTATIONAL RIGHTS) REGULATIONS 2017

  • 7.01 Application of amendments--notice of employee representational rights

PART 7-2--AMENDMENTS MADE BY THE FAIR WORK AMENDMENT (CORRUPTING BENEFITS) REGULATIONS 2017

  • 7.02 Application of amendments--disclosure of benefits by organisations and employers

PART 7-3--AMENDMENTS MADE BY THE FAIR WORK AMENDMENT (CASUAL LOADING OFFSET) REGULATIONS 2018

  • 7.03 Application of amendments--claims to offset certain amounts

PART 7-4--AMENDMENTS MADE BY THE FAIR WORK AMENDMENT (PAID FAMILY AND DOMESTIC VIOLENCE LEAVE) REGULATIONS 2023

  • 7.04 Definitions for this Part
  • 7.05 Application of amendments
  • 7.06 Requirements during grace period

PART 7-5--AMENDMENTS MADE BY THE FAIR WORK AND OTHER LEGISLATION AMENDMENT (SECURE JOBS, BETTER PAY) REGULATIONS 2023

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