Fair Work Act 2009

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

providing workplace relations laws that are fair to working Australians, promote job security and gender equality, are flexible for businesses, promote productivity and economic growth for Australia’s future economic prosperity and take into account Australia’s international labour obligations; and

ensuring a guaranteed safety net of fair, relevant and enforceable minimum terms and conditions through the National Employment Standards, modern awards and national minimum wage orders; and

ensuring that the guaranteed safety net of fair, relevant and enforceable minimum wages and conditions can no longer be undermined by the making of statutory individual employment agreements of any kind given that such agreements can never be part of a fair workplace relations system; and

ensuring a safety net of fair and relevant minimum terms and conditions for regulated workers through enforceable minimum standards orders and related measures; and

ensuring a safety net of fair and relevant minimum terms and conditions for persons in a road transport contractual chain through enforceable road transport contractual chain orders and through road transport contractual chain guidelines; and

providing appropriate remedies in relation to unfair terms of services contracts; and

assisting employees to balance their work and family responsibilities by providing for flexible working arrangements; and

enabling fairness and representation at work and the prevention of discrimination by recognising the right to freedom of association and the right to be represented, protecting against unfair treatment and discrimination, providing accessible and effective procedures to resolve grievances and disputes and providing effective compliance mechanisms; and

achieving productivity and fairness through an emphasis on enterprise‑level collective bargaining underpinned by simple good faith bargaining obligations and clear rules governing industrial action; and

acknowledging the special circumstances of small and medium‑sized businesses.

This Act is about workplace relations. It:

provides for terms and conditions of employment (Chapter 2); and

sets out rights and responsibilities of employees, employers and organisations in relation to that employment (Chapter 3); and

provides for minimum terms and conditions for regulated workers (Chapter 3A); and

sets out measures to deal with unfair terms of services contracts (Chapter 3A); and

provides for minimum terms and conditions for persons in a road transport contractual chain (Chapter 3B); and

provides for compliance with, and enforcement of, this Act (Chapter 4); and

provides for the administration of this Act by establishing the Fair Work Commission and the Office of the Fair Work Ombudsman (Chapter 5); and

deals with other matters relating to the above (Chapter 6).

The rest of this Chapter deals with:

definitions that are used in this Act (Part 1‑2); and

the application of this Act (Part 1‑3), including how this Act interacts with certain State and Territory laws and its geographical application;

certain matters relating to the road transport industry (Part 1‑4).

Many of the terms in this Act are defined. The Dictionary in section 12 contains a list of every term that is defined in this Act.

Schedule 1 contains application, saving and transitional provisions relating to amendments of this Act.

Chapter 2 provides for terms and conditions of employment of national system employees.

Part 2‑1 has the core provisions for the Chapter. It deals with compliance with, and interaction between, the sources of the main terms and conditions provided under this Act—the National Employment Standards, modern awards and enterprise agreements.

Workplace determinations are another source of main terms and conditions. In most cases, this Act applies to a workplace determination as if it were an enterprise agreement in operation (see section 279).

Part 2‑2 contains the National Employment Standards, which are minimum terms and conditions that apply to all national system employees.

Part 2‑3 is about modern awards. A modern award is made for a particular industry or occupation and provides additional minimum terms and conditions for those national system employees to whom it applies. A modern award can have terms that are ancillary or supplementary to the National Employment Standards.

Part 2‑4 is about enterprise agreements. An enterprise agreement is made at the enterprise level and provides terms and conditions for those national system employees to whom it applies. An enterprise agreement can have terms that are ancillary or supplementary to the National Employment Standards.

Part 2‑5 is about workplace determinations. A workplace determination provides terms and conditions for those national system employees to whom it applies. A workplace determination is made by the FWC if certain conditions are met.

Part 2‑8 provides for the transfer of certain modern awards, enterprise agreements, workplace determinations and other instruments if there is a transfer of business from one national system employer to another national system employer.

In addition, other terms and conditions of employment for national system employees include those:

provided by a national minimum wage order (see Part 2‑6) or an equal remuneration order (see Part 2‑7); and

provided by Part 2‑7A (which deals with regulated labour hire arrangement orders); and

provided by Part 2‑9 (which deals with the frequency and method of making payments to employees, deductions from payments, high‑income employees, prohibiting pay secrecy, limitations on fixed term contracts, employee right to disconnect and preservation of employer‑funded paid parental leave).

Chapter 3 sets out rights and responsibilities of national system employees, national system employers, organisations and others (such as independent contractors and industrial associations).

Part 3‑1 provides general workplace protections. It:

protects workplace rights; and

protects freedom of association and involvement in lawful industrial activities; and

provides other protections, including protection from discrimination.

Part 3‑2 deals with unfair dismissal of national system employees, and the granting of remedies when that happens.

Part 3‑3 deals mainly with industrial action by national system employees and national system employers and sets out when industrial action is protected industrial action. No action lies under any law in force in a State or Territory in relation to protected industrial action except in certain circumstances.

Part 3‑4 is about the rights of officials of organisations who hold entry permits to enter premises for purposes related to their representative role under this Act and under State or Territory OHS laws. In exercising those rights, permit holders must comply with the requirements set out in the Part.

Part 3‑5 allows a national system employer to stand down a national system employee without pay in certain circumstances.

Part 3‑5A prohibits sexual harassment of workers, persons seeking to become workers and persons conducting businesses or undertakings, and provides for the granting of remedies when that happens.

Part 3‑6 deals with other rights and responsibilities of national system employers in relation to:

termination of employment; and

keeping records and giving payslips; and

advertising rates of pay.

Part 3‑7 deals with offences in relation to corrupting benefits.

Chapter 3A sets out rights and responsibilities of certain regulated workers who perform work under services contracts, and of certain regulated businesses, organisations and others.

Part 3A‑1 has the core provisions for the Chapter. It deals with compliance with the instruments made under the Chapter (minimum standards orders, minimum standards guidelines and collective agreements) and interaction issues.

Part 3A‑2 is about minimum standards orders and minimum standards guidelines, which can be made for certain regulated workers.

Part 3A‑3 deals with unfair termination and unfair deactivation of certain regulated workers, and the granting of remedies when that happens.

Part 3A‑4 is about collective agreements. A collective agreement is made between a regulated business and an organisation. It provides terms and conditions for those regulated workers to whom it applies.

Part 3A‑5 is about unfair contract terms of services contracts. It provides for certain remedies if a services contract includes an unfair term.

Chapter 3B sets out rights and responsibilities of persons in a road transport contractual chain.

Part 3B‑1 has the core provisions for the Chapter. It deals with compliance with road transport contractual chain orders made under the Chapter and interaction issues.

Part 3B‑2 is about road transport contractual chain orders and road transport contractual chain guidelines, which can be made for certain persons in a road transport contractual chain.

Chapter 4 provides for compliance with, and enforcement of, this Act.

Part 4‑1 is about civil remedies. Certain provisions in this Act impose obligations on certain persons. Civil remedies may be sought in relation to contraventions of these civil remedy provisions. Part 4‑1:

deals with applications for orders for contraventions of civil remedy provisions; and

sets out the orders the courts can make in relation to a contravention of a civil remedy provision.

Part 4‑2 is about the jurisdiction and powers of the courts in relation to matters arising under this Act.

Chapter 5 provides for the administration of this Act by establishing the Fair Work Commission and the Office of the Fair Work Ombudsman.

Part 5‑1 is about the Fair Work Commission. It:

establishes and confers functions on the FWC; and

sets out how matters before the FWC are to be conducted (for example, how the FWC is to deal with applications made to it).

Part 5‑2 is about the Office of the Fair Work Ombudsman. It:

establishes and confers functions on the Fair Work Ombudsman; and

confers functions and powers on Fair Work Inspectors.

Chapter 6 is a collection of miscellaneous matters that relate to the other Chapters.

Part 6‑1 provides rules relating to applications for remedies under this Act. It prevents certain applications if other remedies are available and prevents multiple applications or complaints in relation to the same conduct.

Part 6‑2 is about dealing with disputes between national system employees and their employers under modern awards, enterprise agreements and contracts of employment.

Part 6‑3 extends provisions of the National Employment Standards relating to unpaid parental leave, paid family and domestic violence leave and notice of termination to employees not otherwise covered by the provisions.

Part 6‑3A provides for the transfer of terms and conditions of employment that are provided for in particular State industrial instruments if there is a transfer of business from a non‑national system employer that is a State public sector employer of the State to a national system employer.

Part 6‑4 contains provisions to give effect, or further effect, to certain international agreements relating to termination of employment.

Part 6‑4A contains special provisions about TCF outworkers.

Part 6‑4B allows a worker who has been bullied at work to apply to the FWC for an order to stop the bullying.

Part 6‑5 deals with miscellaneous matters such as delegations and regulations.

Application, transitional and saving provisions relating to the enactment of this Act, and States becoming referring States, are in the Transitional Act.