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
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
Division 2--Organisation of Commission
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
Division 5--Appeals to Full Bench and references to Court
Division 6--Miscellaneous
PART 4--AUSTRALIAN INDUSTRIAL REGISTRY
Division 1--Interpretation
- 127 Definition of State industrial body
Division 2--Establishment and functions of Australian Industrial Registry
Division 3--Registrars
Division 4--References and appeals
Division 5--Staff
PART 5--WORKPLACE AUTHORITY DIRECTOR
Division 1--Workplace Authority Director
Subdivision A--Establishment and functions
Division 2--Workplace Authority Deputy Directors
Division 3--Staff, delegations etc
Division 4--Reporting and disclosing information
Subdivision A--Reporting
PART 5A--WORKPLACE OMBUDSMAN
Division 1--Establishment and functions
Division 2--Appointment and terms and conditions
Division 3--Staff, delegations etc
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 7--THE AUSTRALIAN FAIR PAY AND CONDITIONS STANDARD
Division 1--Preliminary
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
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
PART 8--WORKPLACE AGREEMENTS
Division 1--Preliminary
Division 3--Bargaining agents
Division 4--Pre-lodgment procedure
Division 5--Lodgment
Division 5A--The no-disadvantage test
Subdivision A--Preliminary
Subdivision A--Required content
Subdivision A--General
Subdivision A--General
Division 10--Prohibited conduct
- 400 Coercion and duress
- 401 False or misleading statements
- 402 Employers not to discriminate between unionist and non-unionist
Subdivision A--General
Division 12--Miscellaneous
PART 9--INDUSTRIAL ACTION
Division 1--Preliminary
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
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 6--Orders and injunctions against industrial action
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
Division 9--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
Division 3--Preserved award entitlements
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 7--Outworkers
Division 8--Technical matters
PART 10A--AWARD MODERNISATION
Division 1--Preliminary
Division 2--Award modernisation process
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
Division 5--Technical matters
PART 11--TRANSMISSION OF BUSINESS RULES
Division 1--Introductory
- 577 Object
- 578 Simplified outline
- 579 Definitions
Division 2--Application of Part
Division 3--Transmission of ITEA
- 583 Transmission of ITEA
- 584 Termination of transmitted ITEA
Subdivision A--General
Division 5--Transmission of award
Division 6--Transmission of APCS
Division 6A--Transmission of preserved redundancy provisions from workplace agreements
- 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
Division 9--Miscellaneous
PART 12--MINIMUM ENTITLEMENTS OF EMPLOYEES
Division 1--Entitlement to meal breaks
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
Division 6--Parental leave
Division 7--Stand downs
PART 13--DISPUTE RESOLUTION PROCESSES
Division 1--Preliminary
Division 2--Model dispute resolution process
Division 4--Alternative dispute resolution process used to resolve other disputes
Division 5--Dispute resolution process conducted by the Commission under workplace agreement
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
Division 2--Penalties and other remedies for contravention of applicable provisions
- 718 Standing to apply for penalties or remedies under this Division
- 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
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
Division 9--Powers of the Commission
PART 16--FREEDOM OF ASSOCIATION
Division 1--Preliminary
Division 2--Conduct to which this Part applies
Division 3--General prohibitions relating to freedom of association
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
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 fees etc
- 805 False or misleading representations about bargaining services fees etc.
Division 9--Enforcement
- 806 Definition
- 807 Penalties etc. for contravention of civil remedy provisions
- 808 Conduct that contravenes Division 3 and another Division of this Part
- 809 Proof not required of the reason for, or the intention of, conduct
Division 10--Objectionable provisions
- 810 Meaning of objectionable provision
- 811 Objectionable provisions etc. in industrial instruments etc.
- 812 Removal of objectionable provisions from awards
Division 11--Miscellaneous
- 813 Freedom of association not dependent on certificate
PART 17--OFFENCES
- 814 Offences in relation to Commission
- 815 Attendance at compulsory conferences
- 816 Intimidation etc.
- 817 Creating disturbance near Commission
- 818 Offences relating to witnesses
- 819 Non-compliance with requirement made by an inspector
- 820 False statement in application for protected action ballot order
- 821 Offences in relation to secret ballots ordered under Division 4 of Part 9
- 822 Contracts entered into by agents of employers
- 823 Publication of trade secrets etc.
PART 18--COSTS
Division 1--Costs
PART 19--MISCELLANEOUS
PART 20--JURISDICTION OF THE FEDERAL COURT OF
Division 1--Original jurisdiction
Division 2--Appellate jurisdiction
Division 3--Representation and intervention
- 854 Representation of parties before the Court or the Federal Magistrates Court
- 855 Intervention generally
- 856 Particular rights of intervention of Minister
PART 21--MATTERS REFERRED BY
Division 1--Introduction
- 857 Objects
- 858 Definitions
- 859 Part only has effect if supported by reference
Division 2--Pay and conditions
Division 3--Workplace agreements
Division 4--Industrial action
- 872 Additional effect of Act--industrial action
- 873 Intervention in proceedings under Part 9
- 874 Additional effect of Act--enforcement of, and compliance with, orders under Part 9
Division 5--Meal breaks
- 875 Additional effect of Act--meal breaks
- 876 Additional effect of Act--enforcement of, and compliance with, section 607
Division 6--Public holidays
- 877 Additional effect of Act--public holidays
- 878 Additional effect of Act--enforcement of, and compliance with, section 612
Division 7--Termination of employment
- 879 Additional effect of Act--termination of employment
- 880 Additional effect of Act--enforcement of, and compliance with, orders under Division 4 of Part 12
Division 7A--Stand downs
- 880A Additional effect of Act--stand downs
Division 8--Freedom of association
- 881 Additional effect of Act--freedom of association
Division 9--Right of entry
- 882 Right of entry
- 883 Additional effect of Act--enforcement of, and compliance with, orders under Part 15
Division 10--Employee records and pay slips
- 884 Additional effect of Act--employee records and pay slips
Division 11--Transmission of business
- 885 Additional effect of Act--transmission of business
- 886 Additional effect of Act--enforcement of, and compliance with, orders under Part 11
Division 11A--Sham arrangements
- 886A Additional effect of Act--sham arrangements
Division 12--Employment agreements
Division 13--Exclusion of Victorian laws
- 898 Additional effect of Act--exclusion of Victorian laws
Division 14--Additional effect of other provisions of this Act
PART 22--SHAM ARRANGEMENTS
- 900 Misrepresenting an employment relationship as an independent contracting arrangement
- 901 Misrepresenting a proposed employment relationship as a proposed independent contract arrangement
- 902 Dismissal etc. for purpose of engaging certain persons as independent contractors
- 903 Prohibited conduct for purpose of engaging certain persons as independent contractors
- 904 Penalty for contravention
- 905 Meaning of Court
PART 23--SCHOOL-BASED APPRENTICES AND TRAINEES
Division 1--Preliminary
Division 2--School-based apprentices
Division 3--School-based trainees
Division 4--Enforcement