Fair Work Act 2009

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.