1 Short title
1 Section 1
1 January 2010
1 July 2009 (see
1 July 2009 but on or before 1 January 2010, referred the matters
A State is a referring State even if certain conditions are met.
1(2) July 2009 but on or before 1 January 2010, referred the matters
the State's referral law provides that...
Describes the temporal interval for the referral law
July 2009 but on or before 1 January 2010
Describes the relationship between the referral law and the Parliament of the Commonwealth
the State's referral law provides that particular matters, or all matters, relating to State public sector employees, or State public sector employers, of the State are not included in any or all of the matters covered by subsections (3), (4) and (5)
the State's referral law provides that the reference to the Parliament of the Commonwealth of any or all of the matters covered by subsections (3), (4) and (5) is to terminate in particular circumstances
Amending this Act to include referred provisions
1(3) July 2009 but on or before 1 January 2010, referred the matters
Express amendments of this Act to cover referred subject matters
1(4) July 2009 but on or before 1 January 2010, referred the matters
Transition from Workplace Relations Act 1996 and State laws to this Act
1(5) July 2009 but on or before 1 January 2010, referred the matters
A State ceases to be a referring State under certain conditions.
1(6) July 2009 but on or before 1 January 2010, referred the matters
Describes the termination of a State's initial, amendment, or transition references.
(b) the State’s amendment reference terminates, and neither of subsections (7) and (8) apply to the termination;
Prohibits a State from being a referring State under certain conditions.
(6) Despite anything to the contrary in a referral law of a State, a State ceases to be a referring State if any or all of the following occurs:
Describes the termination of a State's transition reference.
(c) the State’s transition reference terminates.
A State does not cease to be a referring State under certain conditions.
1(7) July 2009 but on or before 1 January 2010, referred the matters
10 Guide to this Part
Paid personal/carer’s leave cannot be cashed out except in accordance with permitted terms.
100 Paid personal/carer’s leave must not be cashed out except in
Prohibits cashing out paid personal/carer’s leave.
101 Modern awards and enterprise agreements may include terms
Employer may include terms for cashing out paid personal/carer’s leave.
101(1) Modern awards and enterprise agreements may include terms
Separate written agreement between employer and employee for each cashing out of paid personal/carer’s leave
Paid personal/carer’s leave terms must be included in modern awards and enterprise agreements.
101(2) Modern awards and enterprise agreements may include terms
Obligation to include paid personal/carer’s leave terms in modern awards and enterprise agreements.
Entitlement to unpaid carer’s leave for family members or household members requiring care due to illness, injury, or emergency.
102 Entitlement to unpaid carer’s leave
Employee has an obligation to take unpaid carer’s leave.
103 Taking unpaid carer’s leave
An employee may take unpaid carer’s leave for a particular permissible occasion.
103(1) Taking unpaid carer’s leave
Employee may take unpaid carer’s leave for a particular occasion.
103(2) Taking unpaid carer’s leave
Cannot take unpaid carer’s leave during a particular period if paid personal/carer’s leave is available.
103(3) Taking unpaid carer’s leave
Prohibition of taking unpaid carer’s leave
Employee can take paid personal/carer’s leave
Entitlement to compassionate leave for specified family and personal circumstances.
104 Entitlement to compassionate leave
Employee has an obligation to take compassionate leave.
105 Taking compassionate leave
Employee may take compassionate leave for a particular occasion.
105(1) Taking compassionate leave
Granting permission to take compassionate leave.
105(2) Taking compassionate leave
Employee may take compassionate leave at any time while illness or injury persists.
105(3) Taking compassionate leave
Employer must pay employee at base rate for compassionate leave
106 Payment for compassionate leave (other than for casual
106A Entitlement to paid family and domestic violence leave
Employee entitlement to paid family and domestic violence leave
106A(1) Entitlement to paid family and domestic violence leave
...10 days of paid family and domestic violence leave
Entitlement to paid family and domestic violence leave
106A(2) Entitlement to paid family and domestic violence leave
Employee has right to paid family and domestic violence leave
Employee's employment start date with a particular employer is determined.
106A(3) Entitlement to paid family and domestic violence leave
106A(4) Entitlement to paid family and domestic violence leave
106B Taking paid family and domestic violence leave
Employee has an obligation to take paid family and domestic violence leave under certain conditions.
106B(1) Taking paid family and domestic violence leave
The employee's leave must occur during their work hours.
Employee must take leave during work hours.
It is impractical for the employee to do that thing outside the employee’s work hours.
The employee must take paid family and domestic violence leave.
The employee needs to do something to deal with the impact of family and domestic violence.
The employer must comply with the notice and evidence requirements of section 107.
Employer must comply with notice and evidence requirements of section 107.
The notice and evidence requirements of section 107 must be complied with.
The employer must provide a safe work environment for the employee.
Employer must provide a safe work environment.
Examples of actions, by an employee who is experiencing family and domestic violence, that could be covered by paragraph (b) include...
The employee must take paid family and domestic violence leave every time they need to deal with family and domestic violence.
Employee must take leave every time they need to deal with family and domestic violence.
Family and domestic violence is defined as violent, threatening or abusive behavior by a close relative, household member, or intimate partner.
106B(2) Taking paid family and domestic violence leave
...a violent, threatening or abusive behavior.
Definition of family and domestic violence is a deontic obligation.
Family and domestic violence is defined as...
Defines a close relative for paid family and domestic violence leave
106B(3) Taking paid family and domestic violence leave
106BA Payment for paid family and domestic violence leave
Employer must pay employee at full rate of pay during paid family and domestic violence leave.
106BA(1) Payment for paid family and domestic violence leave
An employee is taken to have been rostered to work hours if they accept an offer by the employer.
106BA(2) Payment for paid family and domestic violence leave
Employer's obligation to roster employee
Employer not required to pay employee for unpaid hours during paid family and domestic violence leave.
106BA(3) Payment for paid family and domestic violence leave
Prevents employer from paying employee for unpaid hours.
106C Confidentiality
Employers must take steps to ensure employee confidentiality.
106C(1) Confidentiality
Employers have a duty to maintain confidentiality.
Employer must not use employee information for purposes other than leave entitlement.
106C(2) Confidentiality
An employer must not use such information for a purpose other than satisfying itself in relation to the employee’s entitlement to leave under this Subdivision.
Prohibition of using employee information for unauthorized purposes.
Employer must not use such information for a purpose other than satisfying itself in relation to the employee’s entitlement to leave under this Subdivision.
An employer must not use such information to take adverse action against an employee.
Prohibition of taking adverse action against an employee.
In particular, an employer must not use such information to take adverse action against an employee.
Prohibition of using confidential information for purposes other than leave entitlement.
(2) An employer must not, other than with the consent of the employee, use such information for a purpose other than satisfying itself in relation to the employee’s entitlement to leave under this Subdivision.
106C(3) Confidentiality
Employer may deal with employee information if required
106C(4) Confidentiality
Permission to deal with employee information
Nothing prevents an employer from doing so
106D Operation of paid family and domestic violence leave and
Leave for victims of crime is not excluded by this Subdivision.
106D(1) Operation of paid family and domestic violence leave and
If an employee is entitled to leave under another law, that law applies in addition.
106D(2) Operation of paid family and domestic violence leave and
A national system employee is entitled to leave under this Subdivision only to the extent that the leave would not constitute leave for victims of crime.
106D(3) Operation of paid family and domestic violence leave and
A person has an entitlement to leave under this Subdivision.
Defines what constitutes a day of leave for purposes of the Act.
106E Entitlement to days of leave
107 Notice and evidence requirements
Employee must give notice of leave taking under this Division.
107(1) Notice and evidence requirements
Notice must be given to employer within a specified period.
107(2) Notice and evidence requirements
Provide evidence of leave reason upon request
107(3) Notice and evidence requirements
Leave reason falls within a specific time frame
(a) if it is paid personal/carer’s leave—the leave is taken for a reason specified in section 97; or (b) if it is unpaid carer’s leave—the leave is taken for a permissible occasion in circumstances specified in subsection 103(1); or (c) if it is compassionate leave—the leave is taken for a permissible occasion in circumstances specified in subsection 105(1); or (d) if it is paid family and domestic violence leave, and the employee has met the requirement specified in paragraph 106B(1)(a)—the leave is taken for the purpose specified in paragraph 106B(1)(b), and the requirement specified in paragraph 106B(1)(c) is met.
(3) An employee who has given his or her employer notice of the taking of leave under this Division must, if required by the employer, give the employer evidence that would satisfy a reasonable person...
Leave reason has a specific temporal relationship
Eligible community service activity entitlement
108 Entitlement to be absent from employment for engaging in
Employee has an obligation to be absent from employment for eligible community service activity
109 Meaning of eligible community service activity
109(1) Meaning of eligible community service activity
Employee must engage in voluntary emergency management activity
109(2) Meaning of eligible community service activity
Must provide voluntary emergency management activity
11 Meanings of employee and employer
110 Notice and evidence requirements
Employee must provide notice of absence before it is covered by the Division.
110(1) Notice and evidence requirements
Notice must be given to employer as soon as practicable and advise of absence period.
110(2) Notice and evidence requirements
Employee must provide evidence of community service activity upon request.
110(3) Notice and evidence requirements
Temporal relationship between absence and community service activity
Employee must comply with section for absence to be covered by the Division.
110(4) Notice and evidence requirements
Must comply with section for absence to be covered by the Division.
Payment to employees on jury service is mandatory.
111 Payment to employees (other than casuals) on jury service
Exclusion of State and Territory laws not applying to employee entitlements
112 State and Territory laws that are not excluded
113 Entitlement to long service leave
Entitlement to long service leave based on applicable award-derived terms.
113(1) Entitlement to long service leave
Employee is entitled to long service leave.
Employee has entitlement to long service leave.
Exemption from subsection (1) for certain agreements or instruments that deal with long service leave.
113(2) Entitlement to long service leave
Indicates that subsection (1) does not apply to the employee.
Applicable award-derived long service leave terms for an employee
113(3) Entitlement to long service leave
Applicable award-derived long service leave terms
Enterprise agreements may contain terms discounting service under prior agreements in certain circumstances.
113A Enterprise agreements may contain terms discounting service
Certain instruments that came into effect before this Part's commencement overlap with its commencement.
The commencement of this Part overlaps with the operation of certain instruments that came into effect before its commencement.
This Part commences after a certain date.
Terms discounting service may be contained in enterprise agreements.
If an enterprise agreement applies, then it may contain terms discounting service.
The operation of enterprise agreements overlaps with the operation of workplace agreements.
114 Entitlement to be absent from employment on public holiday
Employee entitlement to be absent on public holiday
114(1) Entitlement to be absent from employment on public holiday
An employer may request an employee to work on a public holiday if the request is reasonable.
114(2) Entitlement to be absent from employment on public holiday
Employee may refuse request to work on public holiday if unreasonable.
114(3) Entitlement to be absent from employment on public holiday
Employer must consider employee's personal circumstances when determining reasonableness of request to work on public holiday.
114(4) Entitlement to be absent from employment on public holiday
...the following must be taken into account:
Employer's request for work on public holiday may overlap with employee's family responsibilities.
(b) the employee’s personal circumstances, including family responsibilities...
Employer has an obligation to consider employee's personal circumstances.
(4) In determining whether a request, or a refusal of a request, to work on a public holiday is reasonable...
Employer may request work on public holiday if employee is not entitled to overtime payments.
(c) whether the employee could reasonably expect that the employer might request work on the public holiday...
Employer has an obligation to consider type of employment.
(e) the type of employment of the employee...
Employer's workplace or enterprise and employee's personal circumstances are relevant factors.
(a) the nature of the employer’s workplace or enterprise...
Employer may request work on public holiday if employee is entitled to overtime payments.
(d) whether the employee is entitled to receive overtime payments...
115 Meaning of public holiday
115(1) Meaning of public holiday
Includes specific days and types of days as public holidays
Includes specific types of days excluded from counting as public holidays
other than a day or part-day, or a kind of day or part-day, that is excluded by the regulations from counting as a public holiday
Includes substituted public holidays under State or Territory laws
Substituted public holidays under State or Territory laws
Subclasses other days or part-days declared by law as public holidays
(b) any other day, or part-day, declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the State or Territory, as a public holiday
Substituted day or part-day is the public holiday.
115(2) Meaning of public holiday
Allowing substitution of public holidays for award/agreement free employees
115(3) Meaning of public holiday
Inclusion of substituted public holidays for award/agreement free employees
Employer and employee may agree on substitution of a day or part-day for a public holiday.
115(4) Meaning of public holiday
Employer must pay employee at base rate for ordinary hours worked on public holiday.
116 Payment for absence on public holiday
Division does not apply to certain employees or employers.
116A Division does not apply to certain employees or employers in
Employer must make superannuation contributions for employee's benefit.
116B Employer’s obligation to make superannuation contributions
Employer has a duty to make superannuation contributions.
Reduction of employer's liability for superannuation charge payments
116C Reduction of employer’s liability to the extent of
116D Preventing multiple actions
No application for orders in certain circumstances
116D(1) Preventing multiple actions
(b) the contravention, or alleged contravention, relates wholly or partly to an employee...
Spreads restrictions across related situations
Establishes a recurring pattern of restrictions
(c) the employee or another person referred to in an item in column 2 of the table...
Preventing multiple actions: cannot make application if certain conditions are met.
116D(2) Preventing multiple actions
Proceedings have not been finally disposed of and Commissioner has not discontinued them.
Proceedings have not been finally disposed of and Commissioner has not discontinued the proceedings.
Cannot make application if certain conditions are met.
Commissioner of Taxation has commenced proceedings against the employer to recover an amount of superannuation guarantee charge
Employer's superannuation guarantee shortfall includes individual superannuation guarantee shortfall for the employee.
The employer’s superannuation guarantee shortfall in respect of which the charge is imposed includes an individual superannuation guarantee shortfall for the employee.
Commissioner has obtained an order for recovery of the charge.
The Commissioner has obtained an order for recovery of the charge.
Terms defined in another Act have the same meaning here.
116D(3) Preventing multiple actions
116E Orders for compensation
Court order for compensation if a civil remedy provision is contravened
116E(1) Orders for compensation
Section applies if a court makes an order under section 545 at some point in time
This section applies if a court makes an order under section 545 awarding compensation to an employee for a contravention of a civil remedy provision that relates to a contravention of this Division.
Court must consider paying compensation to a superannuation fund for the benefit of the employee.
116E(2) Orders for compensation
117 Requirement for notice of termination or payment in lieu
Employer must not terminate employee's employment without written notice.
117(1) Requirement for notice of termination or payment in lieu
Prohibition on terminating employment without written notice.
Employer must provide notice of termination or payment in lieu.
117(2) Requirement for notice of termination or payment in lieu
Minimum period of notice for termination or payment in lieu
117(3) Requirement for notice of termination or payment in lieu
Employees must give notice of termination before leaving employment.
118 Modern awards and enterprise agreements may provide for
119 Redundancy pay
Entitlement to redundancy pay upon termination of employment
119(1) Redundancy pay
Employer has an obligation to provide redundancy pay
119(2) Redundancy pay
At least 1 year but less than 2 years 4 weeks
the total amount payable to the employee for...
The amount of the redundancy pay equals...
Employment as a casual employee is excluded from continuous service.
119(3) Redundancy pay
Employment as a casual employee is not included in this definition.
The section defines continuous service with the employer.
Defines terms for affected employees and employers in enterprise agreements.
12 The Dictionary
Variation of redundancy pay for other employment or incapacity to pay
120 Variation of redundancy pay for other employment or
121 Exclusions from obligation to pay redundancy pay
Exemptions from redundancy pay obligation
121(1) Exclusions from obligation to pay redundancy pay
Exclusions from obligation to pay redundancy pay
121(2) Exclusions from obligation to pay redundancy pay
121(3) Exclusions from obligation to pay redundancy pay
Entitlement to redundancy pay under certain conditions
121(4) Exclusions from obligation to pay redundancy pay
121(5) Exclusions from obligation to pay redundancy pay
Exempts members' voluntary winding up from paying redundancy pay
121(6) Exclusions from obligation to pay redundancy pay
Exemptions from obligation to pay redundancy pay
122 Transfer of employment situations that affect the obligation to
Employee is not entitled to redundancy pay if service with first employer counts as service with second employer
122(1) Transfer of employment situations that affect the obligation to
(Transfer of employment situations that affect the obligation to redundancy pay)
Overlaps with transfer of employment between non-associated entities
(1) Subsection 22(5) does not apply (for the purpose of this Subdivision) to a transfer of employment between non-associated entities in relation to an employee if the second employer decides not to recognise the employee’s service with the first employer (for the purpose of this Subdivision).
Recognises transfer of employment between non-associated entities as affecting the obligation to redundancy pay
(Employee is not entitled to redundancy pay if service with first employer counts as service with second employer)
Prohibits redundancy pay for employees whose service is counted with the second employer
Diffuses prohibition on redundancy pay for employees whose service is counted with the second employer
Recurring trace for transfer of employment between non-associated entities
Employee not entitled to redundancy pay if refuses employment in certain circumstances
122(2) Transfer of employment situations that affect the obligation to
Employee is not entitled to redundancy pay
Prohibits employee from receiving redundancy pay
Subsection 22(5) applies to transfer of employment
Prohibits employee from refusing employment in certain circumstances
Recurring trace of transfer of employment
Subsection 22(5) provides that service with the first employer counts as service with the second employer
Employee not entitled to redundancy pay if they reject a better offer from another employer.
122(3) Transfer of employment situations that affect the obligation to
The employee's employment period overlaps with the redundancy pay period.
Overlaps with the employee's employment period.
Employee's employment with the first employer ends on a specific date.
Recognizes the employee's service with the first employer.
Employer recognizes the employee's service.
Prohibits redundancy pay for employees who reject a better offer.
Employee rejects an offer of employment from another employer.
The information is diffused to all relevant parties.
Diffuses the information about the employee's situation.
Employer notifies the employee of their redundancy pay entitlement.
The employee's employment history is a recurring trace.
Recurring trace of the employee's employment history.
Employee has worked for multiple employers.
First employer must pay employee a specified amount of redundancy pay.
122(4) Transfer of employment situations that affect the obligation to
123 Limits on scope of this Division
124 Fair Work Ombudsman to prepare and publish Fair Work
Fair Work Ombudsman must prepare and publish Fair Work Information Statement.
124(1) Fair Work Ombudsman to prepare and publish Fair Work
Must contain specific information about employment standards and regulations.
124(2) Fair Work Ombudsman to prepare and publish Fair Work
The Fair Work Ombudsman must prepare and publish the Fair Work Information Statement.
124(3) Fair Work Ombudsman to prepare and publish Fair Work
Employers must provide employees with a certain form of the Statement.
124(4) Fair Work Ombudsman to prepare and publish Fair Work
Temporal interval for providing the Statement.
(4) The regulations may prescribe other matters relating to the content or form of the Statement, or the manner in which employers may give the Statement to employees.
Artificial intelligence involved in providing the Statement.
Diffusion of information about the Statement.
125 Giving new employees the Fair Work Information Statement
Employer must provide Fair Work Information Statement to employee before or after employment starts.
125(1) Giving new employees the Fair Work Information Statement
Employer has a duty to provide Fair Work Information Statement.
No requirement to provide Fair Work Information Statement more than once in 12 months.
125(2) Giving new employees the Fair Work Information Statement
125A Fair Work Ombudsman to prepare and publish Casual
Prepare and publish Casual Employment Information Statement.
125A(1) Fair Work Ombudsman to prepare and publish Casual
Employer must provide information about casual employment to the Fair Work Ombudsman.
125A(2) Fair Work Ombudsman to prepare and publish Casual
The Casual Employment Information Statement must be prepared and published.
125A(3) Fair Work Ombudsman to prepare and publish Casual
Obligation to prepare and publish the Casual Employment Information Statement.
Employers must provide employees with a Statement in the prescribed form.
125A(4) Fair Work Ombudsman to prepare and publish Casual
Employers must provide employees with a Statement.
125B Giving employees the Casual Employment Information
Employer must provide Casual Employment Information Statement to casual employee at specified times.
125B(1) Giving employees the Casual Employment Information
Employer has a duty to provide Casual Employment Information Statement.
Employer must provide casual employment information to employees under certain conditions.
125B(2) Giving employees the Casual Employment Information
Employer has an obligation to provide casual employment information.
Employer does not need to provide the Statement more than once in a 12-month period.
125B(3) Giving employees the Casual Employment Information
No obligation to provide the Statement more than once in a 12-month period.
School-based apprentices and trainees must be paid loadings in lieu of certain leave types.
126 Modern awards and enterprise agreements may provide for
Must be paid loadings in lieu of certain leave types.
Permits modern awards or enterprise agreements to include terms contrary to this Part.
127 Regulations about what modern awards and enterprise
Allows modern awards or enterprise agreements to include terms contrary to this Part.
Permits agreements between employer and award/agreement free employee that is expressly permitted by regulations made for the purpose of section 129.
128 Relationship between National Employment Standards and
or (b) an agreement between an employer and an award/agreement free employee that is expressly permitted by regulations made for the purpose of section 129.
Conditional commencement is Undertaking, not Prohibition
The National Employment Standards have effect subject to: (a) an agreement between an employer and an award/agreement free employee or a requirement made by an employer of an award/agreement free employee, that is expressly permitted by a provision of this Part;
is expressly permitted by a provision of this Part.
Classifies agreements between employer and award/agreement free employee as permissible
agreements etc. permitted by this Part for award/agreement free employees
is expressly permitted by regulations made for the purpose of section 129.
Traces agreements between employer and award/agreement free employee
Allow employers and award/agreement free employees to agree on matters contrary to this Part.
129 Regulations about what can be agreed to etc. in relation to
13 Meaning of national system employee
Identifies a type of employment relationship
130 Restriction on taking or accruing leave or absence while
Employee cannot take leave or accrue absence during compensation period due to personal illness or injury.
130(1) Restriction on taking or accruing leave or absence while
Compensation period overlaps with employee's absence
Overlap between employee's absence and compensation period
Employee absent due to personal illness/injury receiving compensation
Recognition of employee's absence during compensation period by AI system
Prohibition of taking leave or accrual during compensation period
Information diffused about employee's absence
Diffusion of information about employee's absence during compensation period
Recurring trace of employee's absence during compensation period
Employee may take leave during compensation period if permitted by law.
130(2) Restriction on taking or accruing leave or absence while
(2) Subsection (1) does not prevent an employee from taking or accruing leave...
Permits taking leave during compensation period
Allowance of unpaid parental leave during a compensation period.
130(3) Restriction on taking or accruing leave or absence while
(3) Subsection (1) does not prevent an employee from taking unpaid parental leave during a compensation period.
Supplements entitlements under other Commonwealth laws
131 Relationship with other Commonwealth laws
Modern awards may set minimum terms and conditions for national system employees in particular industries or occupations.
132 Guide to this Part
Default fund terms of modern awards are reviewed every 4 years
The FWC must conduct 4 yearly reviews of default fund terms of modern awards
Section 132(1) of the Fair Work Act 2009
Modern awards can have ancillary or supplementary terms
Modern awards can have terms that are ancillary or supplementary to the National Employment Standards
Modern awards and National Employment Standards provide a fair and relevant minimum safety net
The FWC must ensure that modern awards, together with the National Employment Standards, provide a fair and relevant minimum safety net of terms and conditions
Section 132(2) of the Fair Work Act 2009
Modern award powers can be exercised in certain circumstances
The FWC can exercise modern award powers in certain circumstances
Section 132(3) of the Fair Work Act 2009
133 Meanings of employee and employer
134 The modern awards objective
fair and relevant minimum safety net of terms and conditions
Ensure modern awards provide a fair and relevant minimum safety net of terms and conditions.
134(1) The modern awards objective
The modern awards objective applies to the performance or exercise of FWC's modern award powers.
134(2) The modern awards objective
Cannot vary modern award minimum wages except under specified conditions
135 Special provisions relating to modern award minimum wages
Variation of modern award minimum wages requires FWC approval
Temporal interval for variation of modern award minimum wages
(a) modern award minimum wages can be varied if the FWC is satisfied that the variation is justified by work value reasons
Variation of modern award minimum wages requires justification by FWC
Justification for varying modern award minimum wages
Modern award minimum wages are defined in section 284 for AI systems
Definition of modern award minimum wages in AI systems
For the meanings of modern award minimum wages, and setting and varying such wages, see section 284
Modern award minimum wages can only be varied under specified conditions
Prohibition of varying modern award minimum wages
(1) Modern award minimum wages cannot be varied under this Part
Relationship between FWC and variation of modern award minimum wages
135A Special provisions relating to penalty rates and overtime rates
Ensure that penalty rates and overtime rates are not reduced.
135A(1) Special provisions relating to penalty rates and overtime rates
Ensures the rate of a penalty rate or an overtime rate is not reduced.
Does not limit operation of other sections
135A(2) Special provisions relating to penalty rates and overtime rates
(2) does not limit the operation of section 160
(1) does not limit the operation of section 144
No duty requires FWC to exercise powers under this Part regarding modern awards.
135A(3) Special provisions relating to penalty rates and overtime rates
Terms that must be included in modern awards
136 What can be included in modern awards
Terms of modern awards that contravene section 136 have no effect.
137 Terms that contravene section 136 have no effect
If a term of a modern award has effect, then it overlaps with section 136 within the same temporal interval.
Section 137 implies that terms of modern awards with effect must comply with section 136 within the same temporal interval.
Terms of a modern award have no effect to the extent that it contravenes section 136.
If a term of a modern award has effect, then it implies that AI systems process terms of modern awards in accordance with section 136.
Section 137 implies that terms of modern awards with effect must be processed by AI systems in accordance with section 136.
If a term of a modern award has effect, then it complies with section 136.
Section 137 implies that terms of modern awards with effect must comply with section 136.
If a term of a modern award has effect, then it diffuses to all agents affected by the term.
Section 137 implies that terms of modern awards with effect must diffuse to all agents affected by the term.
If a term of a modern award has effect, then it holds for all possible traces that it complies with section 136.
Section 137 implies that terms of modern awards with effect must comply with section 136 for all possible traces.
Terms that may be included in modern awards
138 Achieving the modern awards objective
139 Terms that may be included in modern awards—general
Terms that may be included in modern awards—general
139(1) Terms that may be included in modern awards—general
Allowances in modern awards must be clearly identified.
139(2) Terms that may be included in modern awards—general
Defines what constitutes a national system employer.
14 Meaning of national system employer
The definition implies a focus on employment periods.
Temporal intervals are not explicitly defined, but the context suggests a focus on employment periods.
(a) a constitutional corporation, so far as it employs, or usually employs, an individual;
The definition establishes a clear scope for national system employers.
Defines the scope of national system employers.
(1) A national system employer is: (a) a constitutional corporation, so far as it employs, or usually employs, an individual;
(b) the Commonwealth, so far as it employs, or usually employs, an individual;
140 Outworker terms
Employer must comply with outworker terms
140(1) Outworker terms
Outworker terms must include pay or conditions.
140(2) Outworker terms
Defines outworker terms within a modern award.
140(3) Outworker terms
Outworker terms are specified by the legislation.
141 Industry-specific redundancy schemes
An industry-specific redundancy scheme may be included in a modern award if it was included in the award modernisation process or in accordance with subsection (2).
141(1) Industry-specific redundancy schemes
The FWC may include an industry-specific redundancy scheme in another modern award.
141(2) Industry-specific redundancy schemes
The scheme is included in another modern award.
The FWC may only vary an industry-specific redundancy scheme in a modern award under Division 5.
141(3) Industry-specific redundancy schemes
141A Terms permitting fixed term contracts
Employee can be employed under a contract with a fixed term
141A(1) Terms permitting fixed term contracts
Allowance of certain circumstances in modern awards
141A(2) Terms permitting fixed term contracts
Definition of incidental terms in modern awards
142 Incidental and machinery terms
143 Coverage terms of modern awards other than modern
Must include coverage terms setting out covered parties
143(1) Coverage terms of modern awards other than modern
Must cover specified employers and employees
143(2) Coverage terms of modern awards other than modern
(2) A modern award must be expressed to cover:
Specify organisations covered by a modern award
143(3) Coverage terms of modern awards other than modern
Specify outworker entities for modern award coverage
143(4) Coverage terms of modern awards other than modern
Employers and employees must be specified by inclusion in a class or classes.
143(5) Coverage terms of modern awards other than modern
Employers and employees must be specified.
Employees not traditionally covered by awards may be described by reference to a particular industry or part of an industry, or particular kinds of work.
143(6) Coverage terms of modern awards other than modern
Cannot cover classes of employees with traditionally not been covered by awards.
143(7) Coverage terms of modern awards other than modern
(7) A modern award must not be expressed to cover classes of employees:
Must not cover employees covered by a modern enterprise award or an enterprise instrument.
143(8) Coverage terms of modern awards other than modern
Exemption from application for modern enterprise awards
143(9) Coverage terms of modern awards other than modern
Exempts modern enterprise awards from application
143A Coverage terms of modern enterprise awards
Enterprise or enterprises to which the modern enterprise award relates; Employers, employees and organisations that are covered by the modern enterprise award.
Defines coverage terms for modern enterprise awards
143A(1) Coverage terms of modern enterprise awards
Requires the inclusion of specific information in modern enterprise awards
Modern enterprise award must relate to a single enterprise or one or more enterprises under specific conditions.
143A(2) Coverage terms of modern enterprise awards
...to one or more enterprises, but only if the employers all carry on similar business activities under the same franchise and are:
(2) A modern enterprise award must be expressed to relate...
...a single enterprise (or a part of a single enterprise) only; or...
...if the employers all carry on similar business activities under the same franchise and are:
Must cover specified employer and employees
143A(3) Coverage terms of modern enterprise awards
Expresses obligation to cover employers and employees
Specify organisations covered by modern enterprise award
143A(4) Coverage terms of modern enterprise awards
143A(5) Coverage terms of modern enterprise awards
Enterprise must be specified by name or franchise name
143A(6) Coverage terms of modern enterprise awards
Employer and employee specifications for modern enterprise awards
143A(7) Coverage terms of modern enterprise awards
and (b) employees must be specified by inclusion in a specified class or specified classes;
Temporal relation between employer and employee specifications
(a) an employer or employers may be specified by name or by inclusion in a specified class or specified classes;
an employer or employers may be specified by name or by inclusion in a specified class or specified classes;
(7) For the purposes of subsections (3) and (4):
(c) organisations must be specified by name.
Ordered trace of employer and employee specifications
143A(8) Coverage terms of modern enterprise awards
143B Coverage terms of State reference public sector modern
143B(1) Coverage terms of State reference public sector modern
Only specified State reference public sector employers and employees are covered by the modern award.
143B(2) Coverage terms of State reference public sector modern
(2) The coverage terms must be such that:
Specify organisations covered by a State reference public sector modern award
143B(3) Coverage terms of State reference public sector modern
143B(4) Coverage terms of State reference public sector modern
Employers and employees must be specified by name or inclusion in a class.
143B(5) Coverage terms of State reference public sector modern
Employer and employee specification is obligatory.
Organisation specification is obligatory.
144 Flexibility terms
Employee and employer must agree on individual flexibility arrangements.
144(1) Flexibility terms
Must provide individual flexibility arrangements.
Employee and employer must agree to individual flexibility arrangement under a flexibility term in a modern award.
144(2) Flexibility terms
Employee and employer must agree to individual flexibility arrangement.
Does not change effect of modern award on employer and other employee.
144(3) Flexibility terms
Implies no change to modern award effect
145 Effect of individual flexibility arrangement that does not meet
Arrangement that does not meet a requirement may be a contravention of a provision.
145(1) Effect of individual flexibility arrangement that does not meet
Prohibits the arrangement that does not meet a requirement.
A failure to meet such a requirement may be a contravention of a provision.
Employer contravenes flexibility term in specified circumstances
145(2) Effect of individual flexibility arrangement that does not meet
Prohibition of contravening flexibility term
(2) The arrangement has effect as if it were an individual flexibility arrangement.
Employer must ensure flexibility arrangement meets requirement or face contravention.
145(3) Effect of individual flexibility arrangement that does not meet
Requirement overlaps with flexibility arrangement.
Overlap between flexibility arrangement and requirement.
Subsection 144(4) requires employer to ensure arrangement meets requirement.
Employer contravenes flexibility term if arrangement does not meet requirement.
Prohibition of non-compliance with flexibility arrangement requirement.
Employee and employer can terminate individual flexibility arrangement with written notice.
145(4) Effect of individual flexibility arrangement that does not meet
Employee and employer can terminate arrangement
145A Consultation about changes to rosters or hours of work
Employer must consult employees about changes to roster or hours of work.
145A(1) Consultation about changes to rosters or hours of work
Employer must provide information to employees about changes to rosters or hours of work.
145A(2) Consultation about changes to rosters or hours of work
Employer has a duty to provide information.
A modern award must include a procedure for settling disputes.
146 Terms about settling disputes
Obligation to provide a procedure for settling disputes
Ordinary hours of work must be specified for each classification and type of employment.
147 Ordinary hours of work
Obligation to specify ordinary hours of work
Classification-based specification of ordinary hours of work
Award must specify base and full rates of pay for pieceworkers.
148 Base and full rates of pay for pieceworkers
Award must specify base and full rates of pay.
Automatic variation of allowances when wage rates in the award are varied.
149 Automatic variation of allowances
Obligation to include terms providing for automatic variation of allowances.
Allowances are a kind that should be varied when wage rates in the award are varied.
149B Term requiring avoidance of liability to pay superannuation
Employer must make superannuation contributions to avoid liability.
149B(1) Term requiring avoidance of liability to pay superannuation
Employer must make superannuation contributions.
Employer's obligation to make contributions for employee's benefit under a term does not apply in certain circumstances.
149B(2) Term requiring avoidance of liability to pay superannuation
The charge payment overlaps with the employee's benefit.
Employer's charge payment overlaps with employee's benefit under Part 8 of the Superannuation Guarantee (Administration) Act 1992.
(a) the employer has made a charge payment...
Employer's exemption from obligation to make contributions for employee's benefit under a term recognizes the exemption.
The obligation does not apply in certain circumstances.
Employer's exemption from obligation to make contributions for employee's benefit under a term.
Employer's exemption from obligation to make contributions for employee's benefit under a term diffuses the liability to pay superannuation.
The obligation repeats in certain circumstances.
Employer's obligation to make contributions for employee's benefit under a term repeats in certain circumstances.
149C Default fund terms
A modern award must include a default fund term that complies with section 149D.
149C(1) Default fund terms
Employer must make terms and conditions of employment
149C(2) Default fund terms
Requires an employer to make terms and conditions of employment
149D Default fund term must provide for contributions to be made
Employer must make contributions to a superannuation fund for the benefit of an employee.
149D(1) Default fund term must provide for contributions to be made
Employer has a moral obligation to make contributions.
Employer must make contributions to a superannuation fund for default fund employees.
149D(1A) Default fund term must provide for contributions to be made
Note: The Schedule of Approved Employer MySuper Products is made during a 4 yearly review...
Contribution must be part of an ordered sequence.
149D(2) Default fund term must provide for contributions to be made
Employer must make contributions to a default fund employee's superannuation fund.
149D(3) Default fund term must provide for contributions to be made
Employer must make contributions to a superannuation fund for default fund employee
149D(4) Default fund term must provide for contributions to be made
Delegates' rights term must be included in modern awards.
149E Workplace delegates’ rights
Award must include delegates' rights term.
Right to disconnect term in modern awards
149F Right to disconnect
Transitional provisions for employers and employees
14A Transitional matters relating to employers etc. becoming, or
15 Ordinary meanings of employee and employer
Defines employee and employer for the purpose of this Act.
15(1) Ordinary meanings of employee and employer
Includes a person who is usually an employee.
(a) includes a reference to a person who is usually such an employee;
Does not include a person on a vocational placement.
(b) does not include a person on a vocational placement;
Defines employer with ordinary meaning including a person usually acting as such.
15(2) Ordinary meanings of employee and employer
a person who is usually such an employer
No objectionable terms allowed in modern awards.
150 Objectionable terms
No term with no effect due to subsections 326(1), (3), or (4) can be included in a modern award.
151 Terms about payments and deductions for benefit of employer
Prohibits certain terms in modern awards.
No official of an organisation can enter premises for certain purposes.
152 Terms about right of entry
A modern award must not include terms that require or authorise an official of an organisation to enter premises.
153 Terms that are discriminatory
Terms that discriminate against employees on certain grounds are prohibited.
153(1) Terms that are discriminatory
Prohibits discriminatory terms in modern awards.
No discrimination against employees based on inherent position requirements or religious susceptibilities.
153(2) Terms that are discriminatory
Temporal intervals for discrimination based on inherent position requirements overlap with employee's term
(2) A term of a modern award does not discriminate against an employee:
Good faith and avoiding injury to religious susceptibilities are permitted reasons for discrimination
(i) in good faith; and (ii) to avoid injury to the religious susceptibilities of adherents of that religion or creed.
Temporal intervals for discrimination based on religious susceptibilities repeat with each employment as staff member
(b) merely because it discriminates, in relation to employment of the employee as a member of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed:
Minimum wages for junior employees do not discriminate against an employee.
153(3) Terms that are discriminatory
Minimum wages for junior employees overlap with minimum wages for all employees.
(a) all junior employees, or a class of junior employees;
Minimum wages for junior employees are applicable to CogAI.
No discrimination in minimum wages for junior employees.
(3) A term of a modern award does not discriminate against an employee merely because it provides for minimum wages...
Junior employees are a class of employees.
Minimum wages for junior employees relate to diffusion in employment.
Minimum wages for junior employees are part of the modern award terms.
154 Terms that contain State-based differences
Terms and conditions of employment cannot be State-based difference terms.
154(1) Terms that contain State-based differences
are expressed to operate in one or more, but not every, State and Territory.
Temporal relation between State-based difference terms
(a) are determined by reference to State or Territory boundaries;
must not include terms and conditions of employment (State-based difference terms)
(b) are expressed to operate in one or more, but not every, State and Territory.
Limitation on inclusion of State-based difference terms in modern awards
154(2) Terms that contain State-based differences
Specifies the starting point of the limitation
...starting on the day on which the first modern award that included those terms came into operation.
Limits the scope of State-based difference terms
(2) However, a modern award may include...
The FWC may include State-based difference terms in another modern award.
154(3) Terms that contain State-based differences
Temporal overlap between FWC's actions and modern award terms
(a) a modern award includes State-based difference terms as permitted under subsection (2); and (b) the FWC is making or varying another modern award so that it (rather than the modern award referred to in paragraph (a)) will cover some or all of the classes of employees who are covered by those terms;
Prohibition on extending coverage of terms
However, the FWC must not extend the coverage of those terms to classes of employees that they did not previously cover.
Chapter 2 Modern awards Part 2-3 Terms of modern awards Division 3 Section 155
Repeating pattern of FWC's actions and modern award terms
No modern award may include terms dealing with long service leave.
155 Terms dealing with long service leave
156B Making the Default Superannuation List
The FWC must make and publish the Default Superannuation List.
156B(1) Making the Default Superannuation List
Obligation to make and publish the Default Superannuation List.
Specify each standard MySuper product determined by FWC
156B(2) Making the Default Superannuation List
156B(3) Making the Default Superannuation List
The Default Superannuation List must exist before specifying other products
The Default Superannuation List must not specify other products during its existence
The Default Superannuation List must not specify other products using CogAI rules
Default Superannuation List must not specify other products
The Default Superannuation List must not specify other products in all possible worlds
The Default Superannuation List must end before specifying other products
The Default Superannuation List must not specify other products until its existence ends
156C Applications to list a standard MySuper product
Superannuation funds must apply to have a standard MySuper product included on the list.
156C(1) Applications to list a standard MySuper product
156C(2) Applications to list a standard MySuper product
Application for standard MySuper product inclusion on the list
156C(3) Applications to list a standard MySuper product
The application can be made during this time
The notice is published after the interval starts
Application must meet certain terms and conditions of employment
156C(4) Applications to list a standard MySuper product
Application must meet certain terms and conditions
Chapter 2 Terms and conditions of employment
156D Submissions on applications to list a standard MySuper
Ensure all persons and bodies have a reasonable opportunity to make written submissions.
156D(1) Submissions on applications to list a standard MySuper
Disclosure of interest in relation to a superannuation fund
156D(2) Submissions on applications to list a standard MySuper
The FWC must publish any submission that is made.
156D(3) Submissions on applications to list a standard MySuper
156E Determining applications to list a standard MySuper product
FWC must make a determination about including a standard MySuper product on the list.
156E(1) Determining applications to list a standard MySuper product
FWC must not determine product inclusion unless in best interests of default fund employees.
156E(2) Determining applications to list a standard MySuper product
unless in best interests of default fund employees.
FWC must not determine product inclusion.
the FWC is satisfied that including the product on the list would be in the best interests of default fund employees.
taking into account the information provided in the application; and the first stage criteria; and any submissions that were made in relation to the application;
The superannuation fund must deliver on the long term investment return target.
156F First stage criteria
156G Review of the default fund term of modern awards
The FWC must review the default fund term of each modern award.
156G(1) Review of the default fund term of modern awards
Employers and organisations must provide employees with a reasonable opportunity to make written submissions regarding the default fund term of modern awards.
156G(2) Review of the default fund term of modern awards
The FWC must ensure that the following persons have a reasonable opportunity to make written submissions at least as early as the commencement date.
Employers and organisations must provide employees with a reasonable opportunity to make written submissions.
The FWC must ensure that the following persons have a reasonable opportunity to make written submissions.
The FWC must ensure that the following persons have a reasonable opportunity to make written submissions for all time periods within the default fund term.
Interest in relation to the superannuation fund mentioned in the submission.
Must disclose interest in superannuation fund if making a written submission.
156G(3) Review of the default fund term of modern awards
156G(4) Review of the default fund term of modern awards
156H Default fund term must specify certain superannuation funds
FWC must vary default fund term to specify certain superannuation funds
156H(1) Default fund term must specify certain superannuation funds
Default fund term must specify certain superannuation funds
156H(2) Default fund term must specify certain superannuation funds
The FWC considers relevant any submissions that were made in relation to the default fund term of the award and any other matter
The FWC is satisfied that specifying a superannuation fund in relation to the product in the default fund term of the modern award would be in the best interests of the default fund employees to whom the modern award applies
(b) the FWC is satisfied that specifying a superannuation fund in relation to the product in the default fund term of the modern award would be in the best interests of the default fund employees to whom the modern award applies, taking into account:
156H(3) Default fund term must specify certain superannuation funds
FWC must vary modern award term if it does not comply with section 149D
156J Variation to comply with section 149D
156K Transitional authorisation for certain superannuation funds
Transitional authorisation for certain superannuation funds
156K(1) Transitional authorisation for certain superannuation funds
Transitional authorisation comes into operation on the day it is made and ceases to be in operation on the day specified in the authorisation.
156K(2) Transitional authorisation for certain superannuation funds
156L The Schedule of Approved Employer MySuper Products
Schedule of Approved Employer MySuper Products
Employer must make and publish Schedule of Approved Employer MySuper Products.
156L(1) The Schedule of Approved Employer MySuper Products
Employer must make and publish Schedule.
Specify employer MySuper product to be included on the schedule.
156L(2) The Schedule of Approved Employer MySuper Products
156L(3) The Schedule of Approved Employer MySuper Products
Publish schedule as amended upon amendment.
156L(4) The Schedule of Approved Employer MySuper Products
156L(5) The Schedule of Approved Employer MySuper Products
156M FWC to invite applications to include employer MySuper
FWC must invite applications to include employer MySuper product on schedule.
156M(1) FWC to invite applications to include employer MySuper
Specify period for application submission
156M(2) FWC to invite applications to include employer MySuper
156N Making applications to include employer MySuper products
(a) a superannuation fund that offers the product; (b) an employer to which the product relates
Employer must apply to include MySuper product on schedule
156N(1) Making applications to include employer MySuper products
Application must be made within specified periods
156N(2) Making applications to include employer MySuper products
156P FWC to determine applications
FWC must determine whether to include MySuper product on the schedule.
156P(1) FWC to determine applications
FWC must not determine product inclusion unless tests are met
156P(2) FWC to determine applications
Employer MySuper product must satisfy first stage test in best interests of default fund employees or a particular class thereof.
156Q The first stage test
156R Submissions about the first stage test
156R(1) Submissions about the first stage test
Disclose interest in relation to a superannuation fund when making a written submission.
156R(2) Submissions about the first stage test
156R(3) Submissions about the first stage test
Employer must satisfy FWC that including product on Schedule of Approved Employer MySuper Products is in best interests of default fund employees.
156S The second stage test
Product on Schedule is in best interests of default fund employees
156T Submissions about the second stage test
Employers and their representatives must make written submissions to the FWC about MySuper products.
156T(1) Submissions about the second stage test
Disclose interest in relation to superannuation fund if applicable.
156T(2) Submissions about the second stage test
156T(3) Submissions about the second stage test
document on its website or by any other means
Publishing documents under this Division
156U Publishing documents under this Division
Classifies documents as part of this Division
157 FWC may vary etc. modern awards if necessary to achieve
The FWC may vary modern awards if necessary to achieve the objective.
157(1) FWC may vary etc. modern awards if necessary to achieve
FWC may vary modern award minimum wages if justified by work value reasons and necessary to achieve the modern awards objective.
157(2) FWC may vary etc. modern awards if necessary to achieve
Necessary to achieve the modern awards objective
Work value reasons justifying employee pay
157(2A) FWC may vary etc. modern awards if necessary to achieve
FWC must consider work value reasons without gender assumptions
157(2B) FWC may vary etc. modern awards if necessary to achieve
FWC may make a determination or modern award under this section.
157(3) FWC may vary etc. modern awards if necessary to achieve
May make a determination or modern award.
Who may make an application for varying or revoking a modern award
158 Applications to vary, revoke or make modern award
Item Column 1 This kind of application …
Classifies the entities that can make an application
an application to vary, omit or include terms...
or (b) an organisation that is entitled to represent...
(a) an employer, employee or organisation that is covered by the modern award;
the industrial interests of one or more employers or employees that are covered by the modern award.
159 Variation of modern award to update or omit name of
The FWC may make a determination varying a modern award to update or omit the name of an employer, organisation or outworker entity.
159(1) Variation of modern award to update or omit name of
The FWC may make a determination varying a modern award.
The FWC may make a determination under this section on its own initiative or on application by the employer, organisation, or outworker entity.
159(2) Variation of modern award to update or omit name of
159A Variation of default fund term of modern award
The FWC may vary the default fund term of a modern award in relation to a superannuation fund.
159A(1) Variation of default fund term of modern award
FWC may make a determination on its own initiative or on application by an employee, employer, organisation or outworker entity.
159A(2) Variation of default fund term of modern award
15A Meaning of casual employee
An employee is a casual employee of an employer only if certain conditions are met.
15A(1) Meaning of casual employee
The employment relationship lasts for at least...
Describes the duration of employment as a casual employee
An employee who commences employment as a casual employee remains a casual employee until the occurrence of a specified event (see subsection (5));
Classifies the conditions for an employee to be considered a casual employee
(a) the employment relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work; and (b) the employee would be entitled to a casual loading or a specific rate of pay for casual employees under the terms of a fair work instrument if the employee were a casual employee, or the employee is entitled to such a loading or rate of pay under the contract of employment.
The employee is entitled to a casual loading or specific rate of pay if...
Classifies the entitlement to a casual loading or specific rate of pay for casual employees
(b) the employee would be entitled to a casual loading or a specific rate of pay for casual employees under the terms of a fair work instrument if the employee were a casual employee, or the employee is entitled to such a loading or rate of pay under the contract of employment.
Employment relationship characterized by absence of firm advance commitment to continuing and indefinite work is to be assessed based on real substance, practical reality, and true nature.
15A(2) Meaning of casual employee
Employer's ability to offer or not offer work may indicate presence of firm advance commitment
(i) whether there is an inability of the employer to elect to offer, or not offer, work or an inability of the employee to elect to accept or reject work (and whether this occurs in practice);
Employer has obligation to provide continuing work
Employee has obligation to accept or reject work
(b) on the basis that a firm advance commitment can be in the form of the contract of employment or, in addition to the terms of that contract, in the form of a mutual understanding or expectation between the employer and employee not rising to the level of a term of that contract (or to a variation of any such term);
Classification of employment relationship based on real substance, practical reality, and true nature
(2) For the purposes of paragraph (1)(a), whether the employment relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work is to be assessed:
Classification of mutual understanding or expectation between employer and employee
Future availability of continuing work may indicate presence of firm advance commitment
(ii) whether, having regard to the nature of the employer’s enterprise, it is reasonably likely that there will be future availability of continuing work in that enterprise of the kind usually performed by the employee;
15AA Determining the ordinary meanings of employee and employer
Determines the ordinary meaning of employee and employer
15AA(1) Determining the ordinary meanings of employee and employer
Individual is employee or employer if relationship meets ordinary meaning
Defines relationship between individual and person
Relationship between individual and person
Consider totality of relationship between individual and person for determining real substance, practical reality, and true nature of the relationship.
15AA(2) Determining the ordinary meanings of employee and employer
Imposes a duty on the State to consider the totality of the relationship.
15AA(3) Determining the ordinary meanings of employee and employer
15AB Individual may elect that section 15AA does not apply
Notification of opt-out before section 15AA commencement.
15AB(1) Individual may elect that section 15AA does not apply
Individual may give opt out notice before section 15AA commencement.
15AB(2) Individual may elect that section 15AA does not apply
Individual has an obligation to provide opt out notice.
15AC Effect of an opt out notice
Individual must provide opt out notice before commencement of section 15AA.
15AC(1) Effect of an opt out notice
Section 15AA does not apply to the relationship after commencement unless opt out notice is revoked.
15AC(2) Effect of an opt out notice
Section 15AA ceases to apply on the day of opt out notice.
15AC(3) Effect of an opt out notice
Section 15AA is prohibited from applying.
15AD Opt out notice may be revoked by an individual
An individual can revoke an opt out notice at any time.
15AD(1) Opt out notice may be revoked by an individual
...at any time after giving the opt out notice, revoke the opt out notice by giving written notice (a revocation notice)...
Temporal relation between opt out notice and revocation
(1) An individual who has given an opt out notice to a person...
...revocation notice to the person that the individual elects that section 15AA is to apply.
(1) An individual who has given an opt out notice to a person may...
...revocation notice (a revocation notice) to the person that the individual elects that section 15AA is to apply.
An individual can revoke an opt out notice before the commencement of section 15AA.
15AD(2) Opt out notice may be revoked by an individual
Section 15AA applies to relationship on or after commencement
Temporal relation between revocation notice and section 15AA commencement
Revocation notice given before section 15AA commencement
Implication of revocation notice on section 15AA application
Individual gives revocation notice before section 15AA commencement
Knowledge representation of revocation notice and section 15AA application
Section 15AA applies to all affected relationships
Propagation of section 15AA application through relationships
Relationship between person and individual on or after commencement
An individual can revoke an opt out notice.
15AD(3) Opt out notice may be revoked by an individual
Section 15AA applies to the relationship from the day of revocation notice
Temporal relation between revocation notice and commencement of section 15AA
Revocation notice given on or after commencement of section 15AA
Section 15AA applies to the relationship
Given an individual gives a revocation notice
Knowledge representation of relationships affected by section 15AA
Given an individual gives a revocation notice on or after commencement of section 15AA
Propagation of section 15AA through relationships affected by revocation notice
An individual may give only one revocation notice in respect of a particular relationship.
15AD(4) Opt out notice may be revoked by an individual
15B Meaning of collective agreement
15C Meaning of contractor high income threshold
Prescribes the contractor high income threshold amount.
15C(1) Meaning of contractor high income threshold
Regulations cannot reduce the contractor high income threshold.
15C(2) Meaning of contractor high income threshold
Contractor high income threshold is the amount that it would be if a change had not occurred.
15C(3) Meaning of contractor high income threshold
Describes temporal relationship between changes and contractor high income threshold
Applies to changes in contractor high income threshold
15D Meaning of minimum standards guidelines
15E Meaning of minimum standards order
Defines regulated business as digital labour platform operator or road transport business.
15F Meaning of regulated business
Defines regulated worker based on employee-like worker or regulated road transport contractor.
15G Meaning of regulated worker
Defines services contract as a contract for individual work with constitutional connection.
15H Meaning of services contract
A reference to a regulated worker includes a person who may become one.
15J Prospective regulated workers
This person is included in the definition of a regulated worker.
A reference to a regulated worker is an inclusive relation.
A reference to a regulated worker includes this person.
A regulated worker is a person who may become one.
Disregard minimum standards orders, guidelines, or collective agreements when determining employee/employer relationships.
15K Effect of Chapter in determining whether a person is an
Defines relationship between individual and digital labour platform operator for ascertaining real substance of the relationship.
15KA Specific provision about the effect of certain provisions in
15L Meaning of digital labour platform
15L(1) Meaning of digital labour platform
Digital labour platform is an online enabled application, website or system
15L(2) Meaning of digital labour platform
Digital labour platform definition excludes online applications, websites or systems prescribed by regulations.
15L(3) Meaning of digital labour platform
Specifies forms of digital platform work for which an online application, website or system may be specified.
15L(4) Meaning of digital labour platform
Defines digital labour platform operator
15M Meaning of digital labour platform operator
15N Meaning of digital platform work
15P Meaning of employee-like worker
A person is an employee-like worker if they meet specific conditions.
15P(1) Meaning of employee-like worker
Employees-like workers must perform work within a specific timeframe.
Establishes a temporal relationship between employment and work
The Act requires employees-like workers to perform work under a services contract.
Employers must comply with the definition of employee-like worker.
Imposes obligations on employers and workers
The Act requires employers to ensure their employees-like workers meet specific conditions.
Digital platforms must comply with the definition of employee-like worker.
Establishes a relationship between the worker and the platform
The Act requires digital platforms to ensure their employees-like workers meet specific conditions.
Defines employee-like worker for independent contractor reference
15P(2) Meaning of employee-like worker
Regulations may specify characteristics for a person.
15P(3) Meaning of employee-like worker
Disregard minimum standards orders, guidelines, or collective agreements when determining employee-like worker criteria.
15P(4) Meaning of employee-like worker
Ignoring minimum standards orders, guidelines, or collective agreements is an obligation.
15Q Meaning of regulated road transport contractor
A person is a regulated road transport contractor if they meet specific conditions.
15Q(1) Meaning of regulated road transport contractor
Defines a temporal interval for regulation
The state must regulate road transport contractors who meet specific conditions.
Supports an argument that the state has a duty to regulate road transport contractors
The state has the power to regulate road transport contractors
Imposes an obligation on the state to regulate road transport contractors
Limits the scope of regulation to those who meet specific conditions
Defines regulated road transport contractor for the purpose of this Part.
15Q(2) Meaning of regulated road transport contractor
This Part refers to an individual who is a regulated road transport contractor during this Part
A reference to an independent contractor includes a reference to an individual who is a regulated road transport contractor within the meaning of subsection (1)
This Part refers to an individual who is a regulated road transport contractor
This Part refers to an individual who is a regulated road transport contractor including other definitions
This Part refers to an independent contractor including an individual who is a regulated road transport contractor
Independent contractor is defined as a regulated road transport contractor within the meaning of subsection (1)
15R Meaning of road transport business
15R(1) Meaning of road transport business
Business or undertaking may be specified by name or class.
15R(2) Meaning of road transport business
15RA Meanings of road transport contractual chain and in a road
Defines road transport contractual chain
15RA(1) Meanings of road transport contractual chain and in a road
Defines a person in a road transport contractual chain.
15RA(2) Meanings of road transport contractual chain and in a road
Defines road transport employee-like worker
15RB Meaning of a road transport employee-like worker
15S Meaning of road transport industry
16 Meaning of base rate of pay
Defines base rate of pay for national system employees
16(1) Meaning of base rate of pay
Employee's base rate of pay for National Employment Standards entitlements is specified by a modern award, enterprise agreement, or regulations.
16(2) Meaning of base rate of pay
160 Variation of modern award to remove ambiguity or uncertainty
160(1) Variation of modern award to remove ambiguity or uncertainty
The FWC has the power to make a determination.
The FWC may make a determination to remove ambiguity or uncertainty from modern awards.
160(2) Variation of modern award to remove ambiguity or uncertainty
161 Variation of modern award on referral by Australian Human
The FWC must review a modern award if it is referred to it under section 46PW of the Australian Human Rights Commission Act 1986.
161(1) Variation of modern award on referral by Australian Human
Entitlement to make submissions for consideration in the review
161(2) Variation of modern award on referral by Australian Human
FWC must vary modern award if it requires unlawful act
161(3) Variation of modern award on referral by Australian Human
Prohibits doing an act that would be unlawful
Act would be unlawful under any of the Acts referred to in subsection (2)
162 General
163 Special criteria relating to changing coverage of modern awards
Employers must not vary modern awards without proper justification.
163(1) Special criteria relating to changing coverage of modern awards
Prohibits varying modern awards without justification.
FWC must consider varying an existing modern award before making a new one.
163(2) Special criteria relating to changing coverage of modern awards
Obligation to consider varying an existing modern award.
FWC must not revoke modern awards without specific criteria
164 Special criteria for revoking modern awards
165 When variation determinations come into operation, other than
Determination under this Part that varies a modern award comes into operation on the specified day.
165(1) When variation determinations come into operation, other than
Determination under this Part that varies a modern award comes into operation.
Determination must not be earlier than the specified day unless certain conditions are met.
165(2) When variation determinations come into operation, other than
Determination must be made on or after the specified day.
(2) The specified day must not be earlier than...
Determination may be made earlier if exceptional circumstances justify it.
...Determinations take effect from first full pay period.
Determination takes effect from first full pay period.
Determination takes effect on first full pay period after operation day
165(3) When variation determinations come into operation, other than
(3) The determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after the day the determination comes into operation.
Applies to trace of variation determinations
166 When variation determinations setting, varying or revoking
Commencement of modern award minimum wages determinations
166(1) When variation determinations setting, varying or revoking
The FWC must not specify another day unless it is satisfied that it is appropriate to do so.
166(2) When variation determinations setting, varying or revoking
The specified day meets the condition for operation.
Must not be earlier than the day of determination unless certain conditions apply.
166(3) When variation determinations setting, varying or revoking
167 Special rules relating to retrospective variations of awards
Section applies under certain conditions
167(1) Special rules relating to retrospective variations of awards
day before the day on which the determination is made
Validity of approval unaffected by retrospective effect
167(2) Special rules relating to retrospective variations of awards
No pecuniary penalty for conduct before determination if it wouldn't have contravened a term of the modern award or enterprise agreement.
167(3) Special rules relating to retrospective variations of awards
168 Varied modern award must be published
FWC must publish varied modern award as soon as practicable.
168(1) Varied modern award must be published
Obligation to publish varied modern award.
Publication of modern award must be done by the FWC.
168(2) Varied modern award must be published
Publication is a requirement for the FWC.
168A Modern enterprise awards
Provisions in this Division have effect despite anything else in this Part.
168A(1) Modern enterprise awards
168A(2) Modern enterprise awards
...if the employers all carry on similar business activities under the same franchise...
Defines a temporal relationship between enterprises
(ii) related bodies corporate of the same franchisor
...A modern enterprise award is a modern award that is expressed to relate to...
Imposes a duty on employers to relate to a single enterprise or multiple enterprises
(a) a single enterprise (or a part of a single enterprise) only; or (b) one or more enterprises...
Describes the scope of a modern enterprise award
Describes the relationship between employers and franchisors using linear logic
(i) franchisees of the same franchisor; or (ii) related bodies corporate of the same franchisor
168A(3) Modern enterprise awards
Joint venture employers are considered one employer.
168A(4) Modern enterprise awards
Implies a duty to consider joint ventures as one employer
Single enterprise considered one employer and single enterprise considered one single enterprise.
168A(5) Modern enterprise awards
Single enterprise is considered one single enterprise.
2 or more related bodies corporate carry on a single enterprise.
168A(6) Modern enterprise awards
A part of a single enterprise includes...
(a) a geographically distinct part of the single enterprise; or (b) a distinct operational or organisational unit within the single enterprise.
168B The modern enterprise awards objective
The FWC must recognise that modern enterprise awards may provide terms and conditions tailored to reflect employment arrangements.
168B(1) The modern enterprise awards objective
The modern enterprise awards objective applies to the performance of FWC's functions or powers under this Act, so far as they relate to modern enterprise awards.
168B(2) The modern enterprise awards objective
The provision applies to the performance of FWC's functions or powers.
Reference to modern enterprise awards objective is taken to include a reference to the modern enterprise awards objective.
168B(3) The modern enterprise awards objective
Reference to modern enterprise awards objective
FWC cannot make or vary modern enterprise awards.
168C Rules about making and revoking modern enterprise awards
Prohibition of making modern enterprise awards.
168D Rules about changing coverage of modern enterprise awards
FWC must not vary modern enterprise award to extend its coverage.
168D(1) Rules about changing coverage of modern enterprise awards
FWC must not vary modern enterprise award.
Considerations for varying modern enterprise award coverage
168D(2) Rules about changing coverage of modern enterprise awards
Contains temporal interval for decision-making process
(2) In deciding whether to make a determination varying the coverage of a modern enterprise award...
Must consider certain factors when varying coverage
168E State reference public sector modern awards
168E(1) State reference public sector modern awards
Employers and employees must be specified in the modern award.
168E(2) State reference public sector modern awards
Defines a State reference public sector employee.
168E(3) State reference public sector modern awards
Definition of a State reference public sector employee.
Definition of State reference public sector employer
168E(4) State reference public sector modern awards
168F The State reference public sector modern awards objective
The State must recognise the need to facilitate arrangements for State reference public sector employers and employees.
168F(1) The State reference public sector modern awards objective
The State has an obligation to recognise...
The State reference public sector modern awards objective applies to the performance of the FWC’s functions or powers under this Act, so far as they relate to State reference public sector modern awards.
168F(2) The State reference public sector modern awards objective
The provision applies to the performance of FWC’s functions or powers under this Act.
Reference to modern awards objective includes State reference public sector modern awards objective.
168F(3) The State reference public sector modern awards objective
168G Making State reference public sector modern awards on
FWC must make State reference public sector modern award on application
168G(1) Making State reference public sector modern awards on
Obligation to make State reference public sector modern award
Specify employers, employees and organisations to be covered by the proposed award.
168G(2) Making State reference public sector modern awards on
Section 154 does not apply in relation to State reference public sector modern awards.
168H State reference public sector modern awards may contain
State reference public sector modern awards
Defines commencement of State reference public sector modern awards
168J When State reference public sector modern awards come into
168K Rules about revoking State reference public sector modern
Determination to revoke State reference public sector modern award
168K(1) Rules about revoking State reference public sector modern
No revocation of State reference public sector modern award without certain conditions.
168K(2) Rules about revoking State reference public sector modern
No revocation without certain conditions.
FWC must not make a determination revoking a State reference public sector modern award.
Considerations for revoking a State reference public sector modern award
168K(3) Rules about revoking State reference public sector modern
The FWC must consider the circumstances leading to the award making
Consideration of circumstances leading to award making
(a) the circumstances that led to the making of the modern award;
The FWC must take into account the following:
State must consider certain factors when revoking an award
(3) In deciding whether to revoke a State reference public sector modern award...
The FWC must provide additional information in regulations
State must provide certain information in regulations
(f) any other matter prescribed by the regulations.
The FWC must consider the views of the persons covered by the modern award
Consideration of views of persons covered by the modern award
(e) the views of the persons covered by the modern award;
168L Rules about varying coverage of State reference public sector
Determination of varying coverage of State reference public sector modern award
168L(1) Rules about varying coverage of State reference public sector
FWC must not vary coverage of State reference public sector modern award
168L(2) Rules about varying coverage of State reference public sector
(2) The FWC must not make a determination varying the coverage of a State reference public sector modern award so that it ceases to be a State reference public sector modern award.
Consider circumstances, terms and conditions of employment, impact on persons covered, views of persons covered, and other prescribed matters when deciding whether to make a determination varying the coverage of a State reference public sector modern award.
168L(3) Rules about varying coverage of State reference public sector
The FWC must consider the impact on persons covered, or proposed to be covered, by the modern award of a decision to make, or not make, the variation.
A decision to make, or not make, the variation must be based on consideration of certain factors.
Obligation to consider certain factors when making a determination varying the coverage of a State reference public sector modern award.
Defines enterprise agreements and their terms.
169 Guide to this Part
Describes the types of matters that can be included in an enterprise agreement.
17 Meaning of child of a person
Defines child of a person for family law purposes.
17(1) Meaning of child of a person
Determine family relationships based on child being a child of another person.
17(2) Meaning of child of a person
170 Meanings of employee and employer
Objects of this Part are to provide a simple, flexible and fair framework for collective bargaining in good faith.
171 Objects of this Part
172 Making an enterprise agreement
172(1) Making an enterprise agreement
Employers may make an enterprise agreement with employees or relevant employee organisations
172(2) Making an enterprise agreement
Permission to make an enterprise agreement
Employers may make an enterprise agreement
Classification of employers and employees
Employer or employers are related employers
Multi-enterprise agreements can be made with employees or employee organisations under certain conditions.
172(3) Making an enterprise agreement
There is a temporal interval for approval
Specifies the temporal interval for approval
The FWC must not approve a multi-enterprise agreement that is not a greenfields agreement within a certain time frame
The FWC must not approve a multi-enterprise agreement that is not a greenfields agreement
The agreement is a multi-enterprise agreement
The entities are classified as employees or employee organisations
Classifies the entities involved in the agreement
The agreement is made with employees or employee organisations
Specifies the trace of events for approval
The FWC must not approve a multi-enterprise agreement that is not a greenfields agreement if certain conditions are not met
Two or more related employers may make a multi-enterprise agreement.
172(3A) Making an enterprise agreement
Employers have the obligation to make a multi-enterprise agreement.
Special measures to achieve equality are permitted.
172A Special measures to achieve equality
Obligation to achieve equality through special measures.
Permits special measures to achieve equality.
173 Notice of employee representational rights
Employer must give notice of employee representational rights
173(1) Notice of employee representational rights
Notice of employee representational rights
Employer must notify employees of proposed enterprise agreement within specified timeframe.
173(2) Notice of employee representational rights
Employer has a duty to notify employees.
Employer must provide notice to bargaining representative when proposing single-enterprise agreement that replaces earlier agreement and meets certain conditions.
173(2A) Notice of employee representational rights
Employer must give notice within 14 days after agreement notification time.
173(3) Notice of employee representational rights
No notice required if previous notice given within reasonable period
173(4) Notice of employee representational rights
Regulations may prescribe how notices under subsection (1) may be given.
173(5) Notice of employee representational rights
Regulations prescribe how notices may be given.
174 Content and form of notice of employee representational rights
Employer must give notice to employee under subsection 173(1)
174(1) Content and form of notice of employee representational rights
Notice must contain prescribed content and be in prescribed form.
174(1A) Content and form of notice of employee representational rights
Must provide notice with prescribed content and form.
Employer must ensure notice complies with this section.
174(1B) Content and form of notice of employee representational rights
Employee must appoint a bargaining representative
174(2) Content and form of notice of employee representational rights
The notice contains information about the employee's right to appoint a bargaining representative
Must appoint a bargaining representative
Employee must provide notice of representation rights
174(3) Content and form of notice of employee representational rights
Employee must receive notice explaining effect of paragraph 178(2)(a)
174(5) Content and form of notice of employee representational rights
Employer and employee organisations are bargaining representatives for proposed enterprise agreements.
176 Bargaining representatives for proposed enterprise agreements
Employer and employee organisations have a duty to be bargaining representatives.
Employer and employee organization must bargain for a proposed single-enterprise agreement.
177 Bargaining representatives for proposed enterprise agreements
177A Restrictions on removed persons being bargaining
178 Appointment of bargaining representatives—other matters
Appointment of bargaining representative comes into force on specified day.
178(1) Appointment of bargaining representatives—other matters
Employers and employees must provide certain information upon appointment of bargaining representatives.
178(2) Appointment of bargaining representatives—other matters
Employers and employees must provide certain information.
Prescribes matters relating to qualifications or appointment of bargaining representatives.
178(3) Appointment of bargaining representatives—other matters
178A Revocation of appointment of bargaining representatives etc.
Appointment of bargaining representative may be revoked by written instrument.
178A(1) Revocation of appointment of bargaining representatives etc.
Revocation and appointment have overlapping temporal intervals
Temporal overlap between revocation and appointment
(1) The appointment of a bargaining representative for an enterprise agreement may be revoked by written instrument.
Revocation implies appointment cancellation
Implication from revocation to appointment cancellation
Revocation can be inferred from appointment cancellation
Inferred revocation from appointment cancellation
Revocation propagates to related entities
Propagated revocation to related entities
Duty to revoke appointment of bargaining representatives
178A(2) Revocation of appointment of bargaining representatives etc.
Imposes a duty on the state to revoke appointment of bargaining representatives
178B Notified negotiation period for a proposed single-enterprise
Employer must give written notice to employee organisations within a specified period.
178B(1) Notified negotiation period for a proposed single-enterprise
Employer must provide notice to employee organisations within a specified period.
178B(2) Notified negotiation period for a proposed single-enterprise
Notice has no effect unless agreed upon by other employer or employers.
178B(3) Notified negotiation period for a proposed single-enterprise
Agreement is required for notice to be effective.
Notice has no effect unless agreed upon.
179 Disclosure by organisations that are bargaining representatives
Organisations must provide disclosure documents to employers covered by an enterprise agreement.
179(1) Disclosure by organisations that are bargaining representatives
List of persons required for disclosure by organisations that are bargaining representatives
179(2) Disclosure by organisations that are bargaining representatives
Discloses persons during certain periods
Organisations must disclose documents to employers before a certain time.
179(3) Disclosure by organisations that are bargaining representatives
Organisations must disclose beneficial terms and conditions of employment.
179(4) Disclosure by organisations that are bargaining representatives
Organisations must not make false or misleading representations when providing documents.
179(5) Disclosure by organisations that are bargaining representatives
Prohibits making false or misleading representations.
Definition of a section 179 disclosable benefit
179(6) Disclosure by organisations that are bargaining representatives
Employers must prepare a document if they will receive or obtain a section 179A disclosable benefit.
179A Disclosure by employers
17A Meaning of directly and indirectly (in relation to TCF work)
Defines chain of arrangements for supply or production of goods produced by TCF work performed by a person.
17A(1) Meaning of directly and indirectly (in relation to TCF work)
Exemptions from direct or indirect performance of TCF work
17A(2) Meaning of directly and indirectly (in relation to TCF work)
Exemption from application of section for Division 2A or 2B
17A(3) Meaning of directly and indirectly (in relation to TCF work)
...for the purposes of Division 2A or 2B
Section does not apply for specified divisions
18 Meaning of full rate of pay
Defines full rate of pay for national system employees
18(1) Meaning of full rate of pay
Employee's full rate of pay is adjusted based on applicable paragraphs.
18(2) Meaning of full rate of pay
180 Certain pre-approval requirements
Employer must comply with requirements before requesting employee approval for enterprise agreement.
180(1) Certain pre-approval requirements
Employer has a duty to comply with requirements.
Employer must take reasonable steps to provide employees with a copy of the document before the voting process starts.
180(4A) Certain pre-approval requirements
Employer has a duty to provide employees with a copy of the document.
Employer must provide employees with a copy of the document before voting process starts.
180(4B) Certain pre-approval requirements
Employer must provide employees with a copy of the document.
False or misleading representation of employee access to documents
180(4C) Certain pre-approval requirements
Prohibition on false or misleading representation
Employer must not make a false or misleading representation
Ensure explanation of terms and effect to employees
180(5) Certain pre-approval requirements
180A Agreement of bargaining representatives that are employee
This section applies to a proposed enterprise agreement that is a multi-enterprise agreement.
180A(1) Agreement of bargaining representatives that are employee
Section applies to proposed enterprise agreement
Written agreement from bargaining representatives
Employer cannot request employee approval for enterprise agreement without written agreement from bargaining representatives.
180A(2) Agreement of bargaining representatives that are employee
Prohibition of requesting employee approval without written agreement
180B Agreement of bargaining representatives that are employee
This section applies to a proposed single-enterprise agreement if certain conditions are met.
180B(1) Agreement of bargaining representatives that are employee
This section applies during the nominal expiry date of the old agreement.
Section applies during the nominal expiry date of the old agreement.
(b) the old agreement has not passed its nominal expiry date;
This section implies that the new agreement will cease to apply to the employee in relation to that employment.
Section implies that the new agreement will cease to apply to the employee in relation to that employment.
(c) when the new agreement comes into operation, the old agreement will cease to apply to the employee in relation to that employment;
This section implies that the new agreement is a single-enterprise agreement.
Section implies that the new agreement is a single-enterprise agreement.
(a) a single interest employer agreement or a supported bargaining agreement (each of which is an old agreement)
This section applies to a proposed single-enterprise agreement.
This section implies that the old agreement is no longer applicable to the employee.
Section implies that the old agreement is no longer applicable to the employee.
Written agreement from each employee organisation to which the old agreement applies.
Employer cannot request employee approval for new agreement without written agreement from employee organisations.
180B(2) Agreement of bargaining representatives that are employee
181 Employers may request employees to approve a proposed
Employers must request employee approval for proposed enterprise agreements.
181(1) Employers may request employees to approve a proposed
Employer obligation to request employee approval.
Request for employee approval must wait 21 days after last notice under subsection 173(1)
181(2) Employers may request employees to approve a proposed
Employees may vote by ballot or electronic method
181(3) Employers may request employees to approve a proposed
182 When an enterprise agreement is made
Approval by majority of employees for a proposed single-enterprise agreement.
182(1) When an enterprise agreement is made
Temporal overlap between approval and agreement
Approval must occur before the agreement takes effect
182(2) When an enterprise agreement is made
the agreement is made immediately after the end of the voting process referred to in subsection 181(1).
Temporal overlap between enterprise agreement approval and commencement
(2) If: (a) a proposed enterprise agreement is a multi-enterprise agreement; and (b) the employees of each of the employers that will be covered by the agreement have been asked to approve the agreement under subsection 181(1); and (c) those employees have voted on whether or not to approve the agreement; and (d) a majority of the employees of at least one of those employers who cast a valid vote have approved the agreement;
Enterprise agreement approval by majority vote
(a) a proposed enterprise agreement is a multi-enterprise agreement; and (b) the employees of each of the employers that will be covered by the agreement have been asked to approve the agreement under subsection 181(1); and (c) those employees have voted on whether or not to approve the agreement; and (d) a majority of the employees of at least one of those employers who cast a valid vote have approved the agreement;
State's obligation to make enterprise agreements immediately after approval
Recurring approval process for enterprise agreements
Employers and employee organisations must sign a greenfields agreement.
182(3) When an enterprise agreement is made
Employer must give employee organisations a reasonable opportunity to sign the agreement before applying for FWC approval.
182(4) When an enterprise agreement is made
The employer's obligation is to give each of the employee organisations that were bargaining representatives for the agreement a reasonable opportunity to sign the agreement at least one day before applying for FWC approval.
Employer must give employee organisations a reasonable opportunity to sign the agreement.
The employer's obligation is to give each of the employee organisations that were bargaining representatives for the agreement a reasonable opportunity to sign the agreement, and then apply for FWC approval, in an inclusive manner.
The employer's obligation is to give each of the employee organisations that were bargaining representatives for the agreement a reasonable opportunity to sign the agreement, and then apply for FWC approval.
The employer's obligation is to give each of the employee organisations that were bargaining representatives for the agreement a reasonable opportunity to sign the agreement, and then apply for FWC approval, in a recursive manner.
183 Entitlement of an employee organisation to have an enterprise
Employee organisation can give notice to FWC for enterprise agreement coverage.
183(1) Entitlement of an employee organisation to have an enterprise
Employee organisation has an obligation to give notice.
Notice must be given to FWC and employers before approval.
183(2) Entitlement of an employee organisation to have an enterprise
The notice is temporally related to the approval.
Temporal relation between notice and approval
The notice must be given before the FWC approves the agreement.
The approval implies that the notice was provided.
If the FWC approves the agreement, then the employer must provide notice.
The notice must be given to the FWC, and a copy given to each employer covered by the enterprise agreement.
184 Multi-enterprise agreement to be varied if not all employees
Variation of multi-enterprise agreement not approved by all employees is prohibited.
184(1) Multi-enterprise agreement to be varied if not all employees
Temporal overlap between employee approval and multi-enterprise agreement.
(a) a multi-enterprise agreement is made; and (b) the agreement was not approved by the employees of all of the employers that made a request under subsection 181(1)
Classification of multi-enterprise agreements based on employee approval.
Prohibition of variation without employee approval.
Diffusion of employee approval and multi-enterprise agreements.
Recurring trace of employee approval and multi-enterprise agreements.
Variation of agreement to cover specific employers and employees
184(2) Multi-enterprise agreement to be varied if not all employees
The variation must be expressed to cover only the following:
Temporal interval: Before a bargaining representative applies under section 185 for approval of the agreement...
(2) Before a bargaining representative applies under section 185 for approval of the agreement...
The agreement must be varied so that it covers only the following:
Expressed obligation: The bargaining representative must vary the agreement...
The variation must cover only the following:
Recurring trace: The variation must cover only the following:
(a) each employer whose employees approved the agreement;
Notice must be given to other bargaining representatives
184(3) Multi-enterprise agreement to be varied if not all employees
Notice specifying employers and employees
Employers must specify employees in a varied agreement.
184(4) Multi-enterprise agreement to be varied if not all employees
No notice required for unknown bargaining representatives.
184(5) Multi-enterprise agreement to be varied if not all employees
185 Bargaining representative must apply for the FWC’s approval
Must apply to FWC for approval of enterprise agreement
185(1) Bargaining representative must apply for the FWC’s approval
Application for FWC approval must be made by employer or employee organisation
185(1A) Bargaining representative must apply for the FWC’s approval
Signed copy of the agreement and required declarations
Application must be accompanied by a signed copy of the agreement and required declarations.
185(2) Bargaining representative must apply for the FWC’s approval
Application for FWC approval must be made within 14 days or a further period as allowed by the FWC.
185(3) Bargaining representative must apply for the FWC’s approval
Application must be made within a specified time frame.
Application for FWC approval must be made within 14 days after agreement is made.
185(4) Bargaining representative must apply for the FWC’s approval
Application must be made within 14 days.
185(5) Bargaining representative must apply for the FWC’s approval
Application must be accompanied by agreement and declarations.
185A Material that must accompany an application under
186 When the FWC must approve an enterprise agreement—
The FWC must approve an enterprise agreement if requirements are met.
186(1) When the FWC must approve an enterprise agreement—
Obligation to approve an enterprise agreement.
The FWC must approve an enterprise agreement if certain conditions are met.
186(2) When the FWC must approve an enterprise agreement—
The FWC must approve an enterprise agreement.
The FWC must approve a cooperative workplace agreement if some employees were represented by an employee organisation during bargaining.
186(2A) When the FWC must approve an enterprise agreement—
The FWC's approval is conditional on the representation of some employees during bargaining.
The FWC's approval is dependent on certain conditions being met.
The agreement must be approved by the FWC.
The FWC has a duty to approve cooperative workplace agreements.
The agreement cannot cover employees in relation to general building and construction work.
The agreement must not cover employees in relation to general building and construction work.
Multi-enterprise agreements must not cover employees in relation to general building and construction work.
The FWC must approve cooperative workplace agreements that are not greenfields agreements.
The FWC has a duty to approve cooperative workplace agreements that are not greenfields agreements.
The FWC has a responsibility to approve cooperative workplace agreements.
The agreement must be approved by the FWC if some employees were represented by an employee organisation during bargaining.
The agreement's approval is dependent on certain conditions being met.
FWC must approve multi-enterprise agreement not covering general building and construction work
186(2B) When the FWC must approve an enterprise agreement—
187 When the FWC must approve an enterprise agreement—
Requirement that approval not be inconsistent with good faith bargaining etc.
187(1) When the FWC must approve an enterprise agreement—
Requirement to approve enterprise agreements in good faith
FWC must approve enterprise agreement if it would undermine good faith bargaining.
187(2) When the FWC must approve an enterprise agreement—
The FWC must approve the agreement within a certain timeframe if it would undermine good faith bargaining.
FWC must approve enterprise agreement within a certain timeframe
(2) The FWC must be satisfied that approving the agreement would not be inconsistent with or undermine good faith bargaining by one or more bargaining representatives for a proposed enterprise agreement, or an enterprise agreement, in relation to which a scope order is in operation.
Obligation to approve enterprise agreement
FWC must be satisfied that approving the agreement would not be inconsistent with or undermine good faith bargaining.
The FWC MUST be satisfied that approving the agreement would not be inconsistent with or undermine good faith bargaining by one or more bargaining representatives for a proposed enterprise agreement, or an enterprise agreement, in relation to which a scope order is in operation.
The FWC must approve the agreement recursively if it would undermine good faith bargaining.
FWC must approve enterprise agreement recursively
FWC must approve enterprise agreement variation
187(3) When the FWC must approve an enterprise agreement—
FWC must be satisfied with certain provisions of Subdivision E of this Division.
187(4) When the FWC must approve an enterprise agreement—
188 Determining whether an enterprise agreement has been
FWC must consider statement of principles when determining genuine agreement
188(1) Determining whether an enterprise agreement has been
Obligation to consider statement of principles
Employees must request approval of an enterprise agreement by voting for it.
188(2) Determining whether an enterprise agreement has been
Employees must request approval of an enterprise agreement.
Employer must comply with section 180A or 180B for an enterprise agreement to be considered genuinely agreed upon.
188(2A) Determining whether an enterprise agreement has been
Employer must take reasonable steps to give notice in relation to an enterprise agreement.
188(3) Determining whether an enterprise agreement has been
Employer must comply with notice provisions for genuine agreement.
188(4) Determining whether an enterprise agreement has been
Failure to comply with disclosure requirements
188A Disclosure documents
188B Statement of principles on genuine agreement
Employers must make a statement of principles on genuine agreement.
188B(1) Statement of principles on genuine agreement
Publish statement on website and other means
188B(2) Statement of principles on genuine agreement
Publish the statement on the FWC’s website and by any other means that the FWC considers appropriate.
Informing employees of bargaining, right to representation, reasonable opportunity to consider and vote on the agreement
Employees must be informed about certain matters before a proposed enterprise agreement is put to a vote.
188B(3) Statement of principles on genuine agreement
189 FWC may approve an enterprise agreement that does not pass
FWC must approve an enterprise agreement that does not pass the better off overall test.
189(1) FWC may approve an enterprise agreement that does not pass
FWC may approve an enterprise agreement under certain circumstances.
189(2) FWC may approve an enterprise agreement that does not pass
Approval is contingent on exceptional circumstances.
FWC may approve an enterprise agreement that does not pass
189(3) FWC may approve an enterprise agreement that does not pass
Nominal expiry date of an enterprise agreement approved by FWC
189(4) FWC may approve an enterprise agreement that does not pass
19 Meaning of industrial action
19(1) Meaning of industrial action
...the acceptance of or offering for work by an employee;
(b) a ban, limitation or restriction on...
(d) the lockout of employees from their employment...
...the result of which is a restriction or limitation on, or a delay in, the performance of the work;
Defines industrial action as a subclass of work-related actions
(a) the performance of work by an employee...
...the performance of any work at all by employees who attend for work;
(c) a failure or refusal by employees to attend...
Definition of industrial action, excluding certain actions authorized or agreed upon by the employer or employee.
19(2) Meaning of industrial action
Defines temporal overlap between employee actions and employer directions.
(ii) the employee did not unreasonably fail to comply with a direction of his or her employer to perform other available work, whether at the same or another workplace, that was safe and appropriate for the employee to perform.
Excludes certain actions from industrial action.
(2) However, industrial action does not include the following:
Prevents employees from performing work under their contracts of employment without terminating those contracts.
19(3) Meaning of industrial action
Prohibits employees from performing work without terminating their contracts.
190 FWC may approve an enterprise agreement with undertakings
FWC may approve an enterprise agreement with undertakings
190(1) FWC may approve an enterprise agreement with undertakings
Classifies the type of obligation or prohibition
The text describes an action that the FWC may take (approve an agreement with undertakings)
190(2) FWC may approve an enterprise agreement with undertakings
Requires a relation between identifiable temporal intervals
Classifies the legal effect as a permission or right
Undertaking for titles, commencement, definitions, descriptive clauses, and amendment machinery
FWC must seek views of bargaining representatives before accepting a written undertaking from one or more employers.
190(3) FWC may approve an enterprise agreement with undertakings
Obligation to seek views of bargaining representatives
FWC must seek views of bargaining representatives before accepting an undertaking.
190(4) FWC may approve an enterprise agreement with undertakings
...the FWC has sought the views of each person who the FWC knows is a bargaining representative for the agreement.
Temporal interval for seeking views of bargaining representatives.
(4) The FWC must not accept an undertaking unless...
FWC must not accept an undertaking unless...
Obligation to provide signature requirements.
Temporal interval for accepting undertakings.
The undertaking must meet any requirements relating to the signing of undertakings that are prescribed by the regulations.
190(5) FWC may approve an enterprise agreement with undertakings
Defines terms and conditions of employment
191 Effect of undertakings
191A FWC may approve an enterprise agreement with amendments
FWC must approve enterprise agreement with amendments if it does not meet better off overall test
191A(1) FWC may approve an enterprise agreement with amendments
FWC may approve an enterprise agreement with amendments under certain conditions.
191A(2) FWC may approve an enterprise agreement with amendments
FWC may approve an enterprise agreement with amendments.
Seek views of employer, award employees, and bargaining representative before specifying an amendment under subsection (2)
191A(3) FWC may approve an enterprise agreement with amendments
Obligation to seek views of employer, award employees, and bargaining representative
191B Effect of amendment specified by FWC
The amendment is taken to be applied as the agreement applies to the employer.
191B(1) Effect of amendment specified by FWC
Specifies the temporal relationship between the amendment and the agreement.
(1) If: (a) the FWC specifies an amendment in approving an enterprise agreement under subsection 191A(2); and (b) the agreement covers a single employer;
Establishes the relationship between the amendment and its application.
Imposes a duty on the state to apply the amendment as specified.
Agreement is taken to be amended by the amendment as it applies to each employer.
191B(2) Effect of amendment specified by FWC
...as the agreement applies to each employer.
Describes a temporal relationship between the amendment and the application of the agreement.
...the agreement is taken to be amended by the amendment, as the agreement applies to each employer.
Imposes a duty on the state to amend the agreement as it applies to each employer.
192 When the FWC may refuse to approve an enterprise agreement
FWC may refuse to approve an enterprise agreement if it considers that compliance with the terms of the agreement may result in a person committing an offence against a law of the Commonwealth or being liable to pay a pecuniary penalty.
192(1) When the FWC may refuse to approve an enterprise agreement
The conditions under which the FWC may refuse to approve the agreement overlap with the conditions under which a person commits an offence against a law of the Commonwealth or is liable to pay a pecuniary penalty.
Indicates that the conditions under which the FWC may refuse to approve an enterprise agreement overlap with the conditions under which a person commits an offence against a law of the Commonwealth or is liable to pay a pecuniary penalty.
The FWC considers that compliance with the terms of the agreement may result in a person committing an offence against a law of the Commonwealth or being liable to pay a pecuniary penalty.
The CogAI system recognizes the conditions under which the FWC may refuse to approve the agreement.
Indicates that the CogAI system recognizes the conditions under which the FWC may refuse to approve an enterprise agreement.
The FWC shall not approve the agreement.
Prohibits the FWC from approving an enterprise agreement under certain conditions.
The FWC may refuse to approve an enterprise agreement if it considers that compliance with the terms of the agreement may result in a person committing an offence against a law of the Commonwealth or being liable to pay a pecuniary penalty.
The conditions under which the FWC may refuse to approve the agreement diffuse into other areas of law.
Indicates that the conditions under which the FWC may refuse to approve an enterprise agreement diffuse into other areas of law.
The conditions under which the FWC may refuse to approve the agreement repeat in certain circumstances.
Indicates that the conditions under which the FWC may refuse to approve an enterprise agreement repeat in certain circumstances.
The FWC may refuse to approve an enterprise agreement.
192(2) When the FWC may refuse to approve an enterprise agreement
FWC may refer agreement to any person or body
192(3) When the FWC may refuse to approve an enterprise agreement
Agreement may be referred to person or body
FWC considers appropriate person or body
193 Passing the better off overall test
Enterprise agreement must pass better off overall test for covered employees.
193(1) Passing the better off overall test
Enterprise agreement must pass better off overall test.
FWC must undertake assessment against paragraph (1)(b) for employees with dual status.
193(1A) Passing the better off overall test
FWC must disregard individual flexibility arrangement for the purposes of determining whether the agreement passes the better off overall test.
193(2) Passing the better off overall test
The FWC must disregard individual flexibility arrangements.
Disregard individual flexibility arrangement for better off overall test purposes
193(2A) Passing the better off overall test
Ensure greenfields agreement passes better off overall test for all reasonably foreseeable employees.
193(3) Passing the better off overall test
The greenfields agreement passes the better off overall test under this section during the relevant modern award period.
Ensure overlap between test time and agreement application.
The FWC must be satisfied as at the test time that each reasonably foreseeable employee would be better off overall if the agreement applied to the employee.
The greenfields agreement passes the better off overall test under this section for all employees who receive knowledge updates about the relevant modern award.
Ensure AI system updates knowledge about the better off overall test.
The greenfields agreement passes the better off overall test under this section.
The FWC must be satisfied that each reasonably foreseeable employee would be better off overall if the agreement applied to the employee.
The greenfields agreement passes the better off overall test under this section for all employees who receive information about the relevant modern award.
Ensure information about the better off overall test is disseminated.
The greenfields agreement passes the better off overall test under this section for all employees during the relevant modern award period.
Ensure recurring compliance with obligation.
Employee must meet certain conditions to be covered by a modern award.
193(4) Passing the better off overall test
Employee must be during the relevant modern award to be covered.
(ii) is in operation; and (iii) covers his or her employer.
Employee must meet conditions to be covered by a modern award.
(4) An award covered employee for an enterprise agreement is an employee who:
A reasonably foreseeable employee for an enterprise agreement is a person who would be covered by the agreement and a modern award.
193(5) Passing the better off overall test
...at the test time of an employer covered by the agreement:
(5) A reasonably foreseeable employee for an enterprise agreement is...
...would be covered by the agreement and a modern award.
...a person who would be covered by the agreement and a modern award.
Definition of a reasonably foreseeable employee
193A Applying the better off overall test
193A(1) Applying the better off overall test
Applies to determining whether an enterprise agreement passes the better off overall test
(1) This section applies for the purposes of determining...
Undertake a global assessment of whether each employee concerned would be better off having regard to certain terms.
193A(2) Applying the better off overall test
Consider views from employer, employees, and bargaining representative on whether agreement passes better off overall test.
193A(3) Applying the better off overall test
sec-193a-ss-3 overlaps with other sections in Part 2-4 of the Fair Work Act 2009.
The key overlaps with other sections in the Fair Work Act 2009.
sec-193a-ss-3 overlaps with sec-193a-ss-2 and sec-193a-ss-4.
sec-193a-ss-3 recognizes the existence of a bargaining representative.
The key recognizes the existence of a bargaining representative for the agreement.
The FWC must give consideration to any views from a bargaining representative.
Duty to consider views from employer, employees, and bargaining representative.
FWC must give consideration to any views relating to whether the agreement passes the better off overall test.
sec-193a-ss-3 contains information about an enterprise agreement.
The key contains information about an enterprise agreement.
sec-193a-ss-3 is part of a section that deals with enterprise agreements.
sec-193a-ss-3 repeats a section number from Part 1 of the Fair Work Act 2009.
The key repeats a section number from another part of the Fair Work Act 2009.
sec-193a-ss-3 is numbered similarly to sec-193a-ss-2 and sec-193a-ss-4.
Primary consideration must be given to a common view on whether the agreement passes the better off overall test.
193A(4) Applying the better off overall test
Does not apply if agreement is a greenfields agreement.
193A(5) Applying the better off overall test
The FWC must only consider reasonably foreseeable patterns or kinds of work when applying the better off overall test.
193A(6) Applying the better off overall test
The FWC must only consider reasonably foreseeable patterns or kinds of work.
Employer must determine foreseeability of work type or employment
193A(6A) Applying the better off overall test
Terms that meet certain criteria are prohibited in enterprise agreements.
194 Meaning of unlawful term
Prohibits terms that meet certain criteria.
Discriminatory term is defined as a term that discriminates against an employee based on certain characteristics.
195 Meaning of discriminatory term
Term is discriminatory if it discriminates against an employee during the term of the agreement.
Employer is obligated to ensure equal treatment for employees.
If a term is discriminatory, then it implies that the employer is obligated to ensure equal treatment for employees.
Employer must ensure equal treatment for employees.
The employer must ensure that all employees are treated equally regardless of their characteristics.
Term is discriminatory if it discriminates against an employee.
Employer must comply with non-discriminatory terms of the agreement.
If an employee is covered by the agreement, then the employer must comply with the non-discriminatory terms of the agreement.
Restricting or limiting emergency management body's ability to engage volunteers.
195A Meaning of objectionable emergency management term
Restricting or limiting emergency management body's ability.
The term has, or is likely to have, the effect of restricting or limiting the body’s ability.
196 Shiftworkers
Defines shiftworker for National Employment Standards purposes.
196(1) Shiftworkers
The FWC must be satisfied that the agreement defines or describes an employee as a shiftworker.
196(2) Shiftworkers
The FWC must be satisfied for at least the duration of the shiftwork
The agreement defines or describes an employee as a shiftworker
The enterprise agreement must define or describe the employee as a shiftworker
The FWC must be satisfied that the employee is a shiftworker for the purposes of the National Employment Standards
197 Pieceworkers—enterprise agreement includes pieceworker term
Enterprise agreement must include pieceworker term if modern award does not.
197(1) Pieceworkers—enterprise agreement includes pieceworker term
Temporal interval between enterprise agreement and modern award.
(a) an enterprise agreement that covers an employee includes a term that defines or describes the employee as a pieceworker;
Must provide pieceworker term in enterprise agreement.
Must not omit pieceworker term in modern award.
(b) a modern award that is in operation and covers the employee does not include such a term.
Must provide pieceworker term if modern award does not.
Must provide pieceworker term in modern award.
Enterprise agreement must include specified term.
FWC must be satisfied that including a term in the agreement does not harm employee entitlements.
197(2) Pieceworkers—enterprise agreement includes pieceworker term
The FWC must be satisfied that including such a term does not harm employee entitlements.
The effect of including the term overlaps with employee entitlements.
Including a term in the agreement may affect employee entitlements.
The FWC can infer that including the term will not harm employee entitlements.
FWC must be satisfied that including such a term does not harm employee entitlements.
Obligation to ensure employee entitlements are not harmed.
Including a term in the agreement may harm employee entitlements.
The effect of including the term diffuses to employee entitlements.
The effect of including the term is recurrently related to employee entitlements.
198 Pieceworkers—enterprise agreement does not include a
No detriment test if enterprise agreement does not include a term defining the employee as a pieceworker and a modern award includes such a term.
198(1) Pieceworkers—enterprise agreement does not include a
The commencement of this section overlaps with the commencement of the modern award.
(a) an enterprise agreement that covers an employee does not include a term that defines or describes the employee as a pieceworker
If an enterprise agreement does not include a term defining the employee as a pieceworker, then no detriment test applies.
If a modern award includes a term defining the employee as a pieceworker, then no detriment test applies.
(b) a modern award that is in operation and covers the employee includes such a term
The modern award is classified as including a term defining the employee as a pieceworker.
The no detriment test repeats for each employee covered by the modern award.
FWC must be satisfied that not including a term in the agreement is not detrimental to employees.
198(2) Pieceworkers—enterprise agreement does not include a
Employee loadings in lieu of certain leave
199 School-based apprentices and school-based trainees
Regulated workers and businesses must comply with minimum standards order.
19A Meaning of industrial action: regulated workers
Compilation information and notes on amendments, applications, saving, transitional provisions, editorial changes, presentational changes, modifications, and self-repealing provisions.
2 April 2026
Commencement rules for provisions in the Act.
2 Commencement
2 Section 2
Requires a relation between identifiable temporal intervals for the compilation date.
Classifies the text as a compilation of the Fair Work Act 2009.
20 Meaning of ordinary hours of work for award/agreement free
Defines ordinary hours of work for award/agreement free employees.
20(1) Meaning of ordinary hours of work for award/agreement free
20(2) Meaning of ordinary hours of work for award/agreement free
200 Outworkers
Enterprise agreement must include outworker terms.
200(1) Outworkers
Outworker terms are a subclass of enterprise agreement terms.
FWC must be satisfied that agreement terms are not detrimental to employee compared to outworker terms.
200(2) Outworkers
201 Approval decision to note certain matters
FWC must note certain terms in its decision to approve an enterprise agreement.
201(1) Approval decision to note certain matters
FWC must note certain matters in its decision to approve an enterprise agreement.
201(1A) Approval decision to note certain matters
The FWC must note in its decision to approve the agreement that the agreement covers the organisation.
201(2) Approval decision to note certain matters
Approval decision required for certain agreements
201(2A) Approval decision to note certain matters
the approval decision must occur during the agreement-making process
(2A) If an agreement is made under subsection 182(4)
the FWC approval implies the employment terms
Approval decision implies employment terms
the FWC approval is recognized by the AI system
Approval decision recognized by AI system
the FWC approval diffuses to the employment terms
Approval decision spreads to employment terms
202 Enterprise agreements to include a flexibility term etc.
Enterprise agreement must include a flexibility term
202(1) Enterprise agreements to include a flexibility term etc.
Employee and employer must agree to individual flexibility arrangement under a flexibility term in an enterprise agreement.
202(2) Enterprise agreements to include a flexibility term etc.
Must agree to individual flexibility arrangement
Does not change effect of agreement on employer and other employees.
202(3) Enterprise agreements to include a flexibility term etc.
If an enterprise agreement does not include a flexibility term, the model flexibility term is taken to be a term of the agreement.
202(4) Enterprise agreements to include a flexibility term etc.
The FWC must determine the model flexibility term for enterprise agreements.
202(5) Enterprise agreements to include a flexibility term etc.
Duty to determine the model flexibility term.
Duty to include flexibility term in enterprise agreements
202(6) Enterprise agreements to include a flexibility term etc.
203 Requirements to be met by a flexibility term
A flexibility term in an enterprise agreement must meet the requirements set out in this section.
203(1) Requirements to be met by a flexibility term
Employer must ensure individual flexibility arrangements comply with enterprise agreement terms.
203(2) Requirements to be met by a flexibility term
Must not allow effect of outworker terms to be varied
203(2A) Requirements to be met by a flexibility term
Employer and employee must agree on individual flexibility arrangement.
203(3) Requirements to be met by a flexibility term
Employee must be better off overall than without individual flexibility arrangement
203(4) Requirements to be met by a flexibility term
Employer must ensure employee is better off overall
Employer must ensure individual flexibility arrangement is not approved or consented to by another person.
203(5) Requirements to be met by a flexibility term
Employee must be able to terminate individual flexibility arrangement with written notice of not more than 28 days.
203(6) Requirements to be met by a flexibility term
Employee can terminate arrangement with written notice
Employer must ensure employee can terminate arrangement
Flexibility term requires termination notice
204 Effect of arrangement that does not meet requirements of
Arrangements not meeting requirements may be a contravention of general protections.
204(1) Effect of arrangement that does not meet requirements of
Prohibition on non-compliant arrangements
Failure to meet requirements may be a contravention of general protections.
204(2) Effect of arrangement that does not meet requirements of
Employer must comply with flexibility terms
Employer must ensure arrangement meets requirements to avoid contravening flexibility term.
204(3) Effect of arrangement that does not meet requirements of
Flexibility term overlaps with employer's action.
Overlap between employer's action and flexibility term
Employer must ensure arrangement meets requirements.
Contravening flexibility term is prohibited.
Arrangement must be able to be terminated by either party with written notice.
204(4) Effect of arrangement that does not meet requirements of
205 Enterprise agreements to include a consultation term etc.
Consultation term for major workplace changes or roster changes
205(1) Enterprise agreements to include a consultation term etc.
Employer must provide information to employees about changes to the regular roster or ordinary hours of work.
205(1A) Enterprise agreements to include a consultation term etc.
205A Enterprise agreements to include a delegates’ rights term etc.
Enterprise agreement must include a delegates' rights term.
205A(1) Enterprise agreements to include a delegates’ rights term etc.
Delegates' rights term in enterprise agreement must be at least as favourable as modern awards
205A(2) Enterprise agreements to include a delegates’ rights term etc.
Term does not change if modern award changes.
205A(3) Enterprise agreements to include a delegates’ rights term etc.
206 Base rate of pay under an enterprise agreement must not be less
Base rate of pay under an enterprise agreement must not be less than the award rate if a modern award applies to the employee.
206(1) Base rate of pay under an enterprise agreement must not be less
Base rate of pay under an enterprise agreement must not be less than the award rate.
206(2) Base rate of pay under an enterprise agreement must not be less
Prohibits lower base rate of pay under an enterprise agreement.
Base rate of pay under an enterprise agreement must not be less than the employee's order rate.
206(3) Base rate of pay under an enterprise agreement must not be less
Base rate of pay under an enterprise agreement is between the employee's order rate and the national minimum wage.
(3) If: ...; the base rate of pay payable to the employee under the enterprise agreement (the agreement rate) must not be less than the employee’s order rate.
If an enterprise agreement applies to an employee, then the base rate of pay under the agreement must not be less than the employee's order rate.
Base rate of pay under an enterprise agreement is diffuse to all employees covered by the agreement.
Base rate of pay under an enterprise agreement is recurring at least every pay period.
206(4) Base rate of pay under an enterprise agreement must not be less
207 Variation of an enterprise agreement may be made by
Variation of an enterprise agreement may be made by the employer and employees.
207(1) Variation of an enterprise agreement may be made by
Permission to make a variation of an enterprise agreement.
Employees must be affected for variation approval.
207(2) Variation of an enterprise agreement may be made by
Variation has no effect unless approved by the FWC
Approval by FWC is required for variation of an enterprise agreement.
207(3) Variation of an enterprise agreement may be made by
Variation of an enterprise agreement may be made by one or more persons who will be necessary for the normal conduct of the enterprise concerned and are covered by the agreement.
207(4) Variation of an enterprise agreement may be made by
Permission to make variation of enterprise agreement
207A Agreement of employee organisations covered by the
This section applies to a proposed variation of a multi-enterprise agreement.
207A(1) Agreement of employee organisations covered by the
Section applies to proposed variation of multi-enterprise agreement.
Written agreement from each organisation or a voting request order
Employer cannot request employee approval for variation without written agreement from each organisation or a voting request order
207A(2) Agreement of employee organisations covered by the
208 Employers may request employees to approve a proposed
Employers must request employee approval for proposed variation of the agreement.
208(1) Employers may request employees to approve a proposed
Employers must request employee approval.
Request for employee approval of proposed changes to terms and conditions of employment
208(2) Employers may request employees to approve a proposed
Request for employee approval can overlap with employment
Request for employee approval can occur at any time during employment
Approval by employees implies acceptance of proposed changes
Approval by employees implies acceptance of proposed changes to terms and conditions of employment
Employees approve or reject proposed changes
Request for employee approval incorporates AI-driven decision-making processes
Employer uses AI to facilitate request for employee approval
Employees may approve or reject proposed changes
Employer requests approval from employees
Request for employee approval can diffuse to other employees
Request for employee approval can diffuse to other employees through communication channels
Employees communicate with each other about proposed changes
209 When a variation of an enterprise agreement is made
Majority approval required for variation of enterprise agreement
209(1) When a variation of an enterprise agreement is made
The variation is approved between the start and end of the voting period
Temporal interval for variation approval
The variation is approved when the majority votes within a certain timeframe
The process is defined as an AI application for variation approval
Artificial intelligence application for variation approval
The process may involve artificial intelligence applications
The variation is made when a majority approves
A majority of affected employees must approve the variation
The process is defined as the diffusion of information to affected employees
The process involves the diffusion of information to affected employees
209(2) When a variation of an enterprise agreement is made
21 Meaning of pieceworker
21(1) Meaning of pieceworker
21(2) Meaning of pieceworker
The pieceworker class can be described by reference to one or more of the following:
(2) Without limiting the way in which a class may be described for the purposes of paragraph (1)(c)
The pieceworker class can be described by reference to one or more of the following: (a) a particular industry or part of an industry;
(a) a particular industry or part of an industry;
The pieceworker class can be described by reference to one or more of the following: (b) a particular kind of work;
The pieceworker class can be described by reference to one or more of the following: (c) a particular type of employment.
210 Application for the FWC’s approval of a variation of an
Application for FWC approval of variation to enterprise agreement
210(1) Application for the FWC’s approval of a variation of an
signed copy of the variation, agreement as proposed to be varied, and required declarations
Application requirements for FWC approval of variation
210(2) Application for the FWC’s approval of a variation of an
Application must be accompanied by specific documents
Application must be made within a specified time period.
210(3) Application for the FWC’s approval of a variation of an
Requirements for signing variations of enterprise agreements
210(4) Application for the FWC’s approval of a variation of an
Requires regulations to prescribe requirements
211 When the FWC must approve a variation of an enterprise
FWC must approve variation of enterprise agreement under certain conditions.
211(1) When the FWC must approve a variation of an enterprise
The temporal interval for approval is between 0 and 4 years.
Temporal interval for approval of variation
The FWC must approve the variation within 4 years after its initial approval.
The approval of the variation implies that the FWC has fulfilled its obligations.
Implication of FWC's obligation to approve variation
If the conditions are met, the FWC must approve the variation.
The classification implies that it is a cogent AI requirement.
Classification of FWC's obligation as a cogent AI requirement
The FWC's obligation to approve the variation is a requirement for all relevant parties.
The diffusion of the obligation implies that it applies to all relevant parties.
Diffusion of obligation to approve variation
FWC must not approve variation if employees not covered by agreement and employer specified in supported bargaining authorisation.
211(1A) When the FWC must approve a variation of an enterprise
212 FWC may approve a variation of an enterprise agreement with
FWC must approve a variation of an enterprise agreement with undertakings if certain conditions are met.
212(1) FWC may approve a variation of an enterprise agreement with
Obligation to approve variation of enterprise agreement
FWC may approve a variation of an enterprise agreement with certain conditions.
212(2) FWC may approve a variation of an enterprise agreement with
FWC may only accept a written undertaking from one or more employers covered by the agreement under certain conditions.
212(3) FWC may approve a variation of an enterprise agreement with
Regulations prescribe requirements for signing undertakings.
212(4) FWC may approve a variation of an enterprise agreement with
Approval of variation of enterprise agreement after accepting undertaking under subsection 212(3)
213 Effect of undertakings
Duty to approve variation after accepting undertaking
213A FWC may approve variation with amendments
FWC must approve variation with amendments if certain conditions are met.
213A(1) FWC may approve variation with amendments
Temporal interval for approval of variation with amendments.
Obligation to approve variation with amendments.
FWC may approve variation with amendments
213A(2) FWC may approve variation with amendments
Seek views of employers and employee organisations before specifying an amendment.
213A(3) FWC may approve variation with amendments
The temporal interval for seeking views is before specifying an amendment.
The FWC must seek the views of employers and employee organisations before specifying an amendment.
An amendment can only be specified if the views are sought.
The FWC must seek the views of employers and employee organisations.
An amendment can only be specified if the views are informed.
The FWC must inform employers and employee organisations of its intention to specify an amendment.
Seeking views is a permissive action for the FWC.
The FWC may seek the views of employers and employee organisations.
The temporal interval for informing is before specifying an amendment.
213B Effect of amendment specified by FWC
The variation is taken to be amended by the amendment.
213B(1) Effect of amendment specified by FWC
Variation in enterprise agreement is amended by the amendment as it applies to each employer.
213B(2) Effect of amendment specified by FWC
...the variation is taken to be amended...
214 When the FWC may refuse to approve a variation of an
FWC may refuse to approve a variation of an enterprise agreement if it may result in a person committing an offence against a law of the Commonwealth or being liable to pay a pecuniary penalty.
214(1) When the FWC may refuse to approve a variation of an
The FWC may refuse to approve the variation if it overlaps with potential legal consequences.
Overlap between the proposed variation and potential legal consequences.
(a) a person committing an offence against a law of the Commonwealth; or (b) a person being liable to pay a pecuniary penalty in relation to a contravention of a law of the Commonwealth.
The FWC may refuse to approve the variation if it may result in a crime or penalty.
Prohibition of approving the variation if it may result in a crime or penalty.
The FWC may refuse to approve the variation if it may result in a liability for a pecuniary penalty.
Prohibition of approving the variation if it may result in a liability for a pecuniary penalty.
The diffusion of the prohibition from the FWC to the applicant is that they may refuse to approve the variation if it may result in a crime or penalty.
Diffusion of the prohibition from the FWC to the applicant.
The FWC may refuse to approve the variation if it repeats the condition that it may result in a crime or penalty.
Repetition of the condition that the FWC may refuse to approve the variation if it may result in a crime or penalty.
FWC may refuse to approve a variation of an enterprise agreement
214(2) When the FWC may refuse to approve a variation of an
FWC may refer an agreement to any person or body the FWC considers appropriate.
214(3) When the FWC may refuse to approve a variation of an
May refer an agreement to any person or body the FWC considers appropriate.
FWC must note undertaking as term of agreement upon approval
215 Approval decision to note undertakings
FWC must note amendment in approval decision.
215A Approval decision to note amendments
Variation of enterprise agreement approved under section 211 operates from the day specified in the decision to approve.
216 When variation comes into operation
216A Variation of supported bargaining agreement to add employer
Explanation of proposed variation terms and their effect
Employer and employees may jointly add employer to supported bargaining agreement. Employer must explain proposed variation terms to employees before seeking approval.
216A(1) Variation of supported bargaining agreement to add employer
Employer takes reasonable steps to ensure explanation is provided
Consider employees from diverse backgrounds, young employees, and those without a representative when complying with the paragraph. Employer may request approval from affected employees for proposed variation.
216A(2) Variation of supported bargaining agreement to add employer
Consider employees from diverse backgrounds, young employees, and those without a representative when complying with the paragraph.
216A(3) Variation of supported bargaining agreement to add employer
Majority of affected employees must approve variation.
216A(4) Variation of supported bargaining agreement to add employer
Employer must approve variation of supported bargaining agreement
216A(5) Variation of supported bargaining agreement to add employer
216AA Application for the FWC’s approval of a variation of a
Employer must apply for FWC approval of variation to a supported bargaining agreement.
216AA(1) Application for the FWC’s approval of a variation of a
Employer has a duty to apply for FWC approval.
signed copy of the variation, copy of the agreement
Application must be accompanied by a signed copy of the variation and a copy of the agreement as proposed to be varied.
216AA(2) Application for the FWC’s approval of a variation of a
216AB When the FWC must approve a variation of a supported
The FWC must approve a variation of a supported bargaining agreement if certain conditions are met.
216AB(1) When the FWC must approve a variation of a supported
FWC must not approve variation if it covers general building and construction work.
216AB(2) When the FWC must approve a variation of a supported
Variation cannot be approved if FWC has not approved it
Temporal relationship between FWC approval and variation
FWC must approve variation before it is approved
Conditional relationship between FWC approval and variation
Matching between FWC approval and variation
Absence of diffusion from FWC approval to variation
FWC approval does not imply variation approval
FWC must not approve variation if employer is specified in single interest employer authorisation.
216AB(3) When the FWC must approve a variation of a supported
Procedure for determining whether FWC would have been required to make a supported bargaining authorisation
216AC Determining whether the FWC would have been required to
Determine whether a variation of a supported bargaining agreement has been genuinely agreed to by affected employees.
216AD Determining whether a variation of a supported bargaining
216AE When the FWC may refuse to approve a variation of a
FWC may refuse to approve variation of bargaining agreement if it violates Commonwealth law.
216AE(1) When the FWC may refuse to approve a variation of a
FWC considers that compliance with terms may result in a person being liable to pay a pecuniary penalty.
FWC may refuse to approve a variation of a supported bargaining agreement
216AE(2) When the FWC may refuse to approve a variation of a
FWC obligation to approve variations of supported bargaining agreements
FWC may refer agreement to any person or body the FWC considers appropriate.
216AE(3) When the FWC may refuse to approve a variation of a
Variation of supported bargaining agreement operates from the day specified in the decision to approve.
216AF When variation comes into operation
Application for variation of a supported bargaining agreement
216B Application for the FWC to vary a supported bargaining
216BA When the FWC must make a variation of a supported
The FWC must make a variation of a supported bargaining agreement if certain conditions are met.
216BA(1) When the FWC must make a variation of a supported
The employees want to be covered by the agreement.
The FWC has a duty to make a variation of the bargaining agreement.
The FWC is required to vary the agreement.
The FWC must consider the views of employee organisations and employers when determining whether it is appropriate for employees to be covered by an agreement.
216BA(2) When the FWC must make a variation of a supported
The FWC must consider the views of employee organisations and employers at least once.
The FWC has a duty to make a variation of a supported agreement.
The FWC must consider the views of employee organisations and employers.
The FWC is required to make a variation of a supported agreement.
The FWC may have regard to matters referred to in section 243.
The FWC's consideration of views is a recurring trace.
FWC must not make variation under certain conditions.
216BA(3) When the FWC must make a variation of a supported
FWC must not make variation if single interest employer authorisation applies
216BA(4) When the FWC must make a variation of a supported
Employer specified in single interest employer authorisation
216BB When the FWC may refuse to make a variation of a
FWC may refuse to make a variation of a supported bargaining agreement if it may result in an offence against a law or a pecuniary penalty.
216BB(1) When the FWC may refuse to make a variation of a
if it may result in an offence against a law or a pecuniary penalty.
Refusal of variation without consent is allowed despite other provisions.
216BB(2) When the FWC may refuse to make a variation of a
Refusal of variation without consent is allowed.
216BB(3) When the FWC may refuse to make a variation of a
Variation of cooperative workplace agreement takes effect on specified day.
216BC When variation comes into operation
216C Variation of cooperative workplace agreement to add
Employer and employees may jointly make a variation to the cooperative workplace agreement. Employer must explain terms of proposed variation to affected employees.
216C(1) Variation of cooperative workplace agreement to add
Employer must take reasonable steps to ensure explanation is provided.
Employer may request affected employees to approve proposed variation. Consider employees from diverse backgrounds, young employees, and those without a representative when complying with the paragraph.
216C(2) Variation of cooperative workplace agreement to add
216C(3) Variation of cooperative workplace agreement to add
216C(4) Variation of cooperative workplace agreement to add
The temporal interval for approval starts when the majority of affected employees cast their votes.
The variation is made when a majority of the affected employees who cast a valid vote approve the variation.
An artificial intelligence system can be applied to facilitate the approval process.
Artificial intelligence application for approval
The variation is approved if a majority of affected employees approve it.
The diffusion of approval starts from the moment the majority of affected employees cast their votes.
There is a temporal trace from the moment the majority of affected employees cast their votes until the variation is approved.
Approval by FWC is required for variation to take effect.
216C(5) Variation of cooperative workplace agreement to add
216CA Application for the FWC’s approval of a variation of a
Employer must apply for FWC approval of variation to cooperative workplace agreement.
216CA(1) Application for the FWC’s approval of a variation of a
signed copy, agreement copy, declarations
216CA(2) Application for the FWC’s approval of a variation of a
216CA(3) Application for the FWC’s approval of a variation of a
216CB When the FWC must approve a variation of a cooperative
FWC must approve variation of cooperative workplace agreement if certain conditions are met.
216CB(1) When the FWC must approve a variation of a cooperative
216CB(2) When the FWC must approve a variation of a cooperative
FWC must not approve variation if employer has supported bargaining authorisation or single interest employer authorisation.
216CB(3) When the FWC must approve a variation of a cooperative
216CC Determining whether a variation of a cooperative workplace
The FWC must determine whether a variation of a cooperative workplace has been genuinely agreed to by the affected employees.
216CC(1) Determining whether a variation of a cooperative workplace
FWC may disregard certain matters when determining a variation of a cooperative workplace agreement.
216CC(2) Determining whether a variation of a cooperative workplace
Matters mentioned in paragraph 188B(3)(e) are taken to be matters relating to the variation.
FWC must take into account the statement of principles made under section 188B.
FWC may disregard matters mentioned in paragraphs 188B(3)(a) and (b).
Matters mentioned in paragraphs 188B(3)(c) and (d) are taken to be matters relating to the variation.
216CD When the FWC may refuse to approve a variation of a
FWC may refuse to approve a variation of a cooperative workplace agreement if it may result in an offence against a law or a pecuniary penalty.
216CD(1) When the FWC may refuse to approve a variation of a
Compliance with the terms of the agreement as proposed to be varied may result in an offence against a law or a pecuniary penalty during the period of variation
compliance with the terms of the agreement as proposed to be varied may result in: (a) a person committing an offence against a law of the Commonwealth; or (b) a person being liable to pay a pecuniary penalty in relation to a contravention of a law of the Commonwealth.
compliance with the terms of the agreement as proposed to be varied may result in an offence against a law or a pecuniary penalty.
The FWC considers that compliance with the terms of the agreement as proposed to be varied may result in an offence against a law or a pecuniary penalty if certain conditions are met
FWC may refuse to approve a variation of a cooperative workplace agreement
216CD(2) When the FWC may refuse to approve a variation of a
216CD(3) When the FWC may refuse to approve a variation of a
Variation of single interest employer agreement
216CE When variation comes into operation
216D Variation of single interest employer agreement to add
Employer must take reasonable steps to ensure affected employees approve proposed variation. Employers and employees must jointly approve a variation of the single interest employer agreement.
216D(1) Variation of single interest employer agreement to add
Employers and employees must jointly approve a variation of the single interest employer agreement.
Approval by employee vote required for variation to take effect
216D(2) Variation of single interest employer agreement to add
Employees must approve proposed variation of single interest employer agreement.
216D(3) Variation of single interest employer agreement to add
216D(4) Variation of single interest employer agreement to add
Employees must approve variation of single interest employer agreement.
216D(5) Variation of single interest employer agreement to add
216DA Application for the FWC’s approval of a variation of a single
Employer must apply for FWC approval of variation to single interest employer agreement.
216DA(1) Application for the FWC’s approval of a variation of a single
216DA(2) Application for the FWC’s approval of a variation of a single
Application must be made within a specified time period after variation is made.
216DA(3) Application for the FWC’s approval of a variation of a single
Requirements for signing variations of single interest employer agreements
216DA(4) Application for the FWC’s approval of a variation of a single
216DB Application for the FWC’s approval of a variation of a single
Employee organisation may apply for approval of a variation to an interest employer agreement.
216DB(1) Application for the FWC’s approval of a variation of a single
Application requirements for FWC approval of a variation
216DB(2) Application for the FWC’s approval of a variation of a single
Application must provide required documents
216DC When the FWC must approve a variation of a single interest
FWC must approve a variation of a single interest employer agreement under certain conditions.
216DC(1) When the FWC must approve a variation of a single interest
Employer must approve variation of single interest if certain conditions are met.
216DC(1A) When the FWC must approve a variation of a single interest
FWC may work out whether a majority of affected employees want to be covered by the agreement.
216DC(1B) When the FWC must approve a variation of a single interest
Employer must approve variation of single interest under certain conditions.
216DC(1C) When the FWC must approve a variation of a single interest
Employer must approve variation of single interest.
216DD Determining whether a variation of a single interest
Determine whether a variation of a single interest has been genuinely agreed to by affected employees.
216DD(1) Determining whether a variation of a single interest
The FWC may disregard certain matters when taking into account the statement of principles made under section 188B.
216DD(2) Determining whether a variation of a single interest
Regulations may provide modifications to specified provisions of this Part
216DD(3) Determining whether a variation of a single interest
216DE When the FWC may refuse to approve a variation of a single
FWC may refuse to approve a variation of an interest employer agreement if it may result in a person committing an offence or being liable to pay a pecuniary penalty.
216DE(1) When the FWC may refuse to approve a variation of a single
Overlap between variation approval and offences/penalties
The FWC considers that compliance with the terms of the agreement as proposed to be varied may result in an offence or pecuniary penalty
if it may result in an offence or pecuniary penalty
FWC considers that compliance with the terms of the agreement as proposed to be varied may result in an offence or pecuniary penalty
Variation approval diffuses to offences/penalties
Variation approval contains offences/penalties
FWC may refuse to approve a variation of a single interest employer agreement
216DE(2) When the FWC may refuse to approve a variation of a single
216DE(3) When the FWC may refuse to approve a variation of a single
Agreement may be referred to another person or body
216DF When variation comes into operation
216E Variation of multi-enterprise agreement to remove employer
Employer and employees may jointly make a variation of a multi-enterprise agreement.
216E(1) Variation of multi-enterprise agreement to remove employer
Approval by FWC required for variation of multi-enterprise agreement
216E(2) Variation of multi-enterprise agreement to remove employer
216E(3) Variation of multi-enterprise agreement to remove employer
Imposes a duty on the employer to obtain approval
Request for employee approval of proposed variation
216E(4) Variation of multi-enterprise agreement to remove employer
Notification of vote time and place, voting method
Employer must notify employees before making a request to vary an enterprise agreement.
216E(5) Variation of multi-enterprise agreement to remove employer
216E(6) Variation of multi-enterprise agreement to remove employer
Approval by majority of affected employees required for variation
216E(7) Variation of multi-enterprise agreement to remove employer
The variation must be approved within a specific temporal interval.
The variation is made when a majority of the affected employees cast a valid vote approve the variation.
216EA Application for the FWC’s approval of variation
Must apply for FWC approval of variation
216EA(1) Application for the FWC’s approval of variation
Application must be accompanied by required declarations.
216EA(2) Application for the FWC’s approval of variation
Application must be made within 14 days after variation is made.
216EA(3) Application for the FWC’s approval of variation
FWC must approve variation of multi-enterprise agreement if certain conditions are met.
216EB When the FWC must approve variation of multi-enterprise
Variation operates from the day specified in the decision to approve.
216EC When variation comes into operation
A multi-enterprise agreement remains unchanged despite variation.
216ED Effect of variation
217 Variation of an enterprise agreement to remove an ambiguity or
The FWC may vary an enterprise agreement to remove an ambiguity or uncertainty on application.
217(1) Variation of an enterprise agreement to remove an ambiguity or
The variation must occur during the application period.
Variation can be applied on application by any of the following:
The FWC may vary an enterprise agreement at any time.
The variation is applicable to employers, employees, and employee organisations covered by the agreement.
The employers, employees, and employee organisations covered by the agreement may apply for variation.
The FWC has the power to vary an enterprise agreement.
Variation of an enterprise agreement to remove an ambiguity or
217(2) Variation of an enterprise agreement to remove an ambiguity or
217A FWC may deal with certain disputes about variations
This section applies if a variation of an enterprise agreement is proposed.
217A(1) FWC may deal with certain disputes about variations
Employer or employee organisation can apply to FWC for dispute resolution.
217A(2) FWC may deal with certain disputes about variations
217A(3) FWC may deal with certain disputes about variations
(3) The FWC must not arbitrate (however described) the dispute.
218 Variation of an enterprise agreement on referral by Australian
FWC must review enterprise agreement on referral by Australian Human Rights Commission Act 1986.
218(1) Variation of an enterprise agreement on referral by Australian
Obligation to review enterprise agreement
List of entities entitled to make submissions for consideration in the review
218(2) Variation of an enterprise agreement on referral by Australian
FWC must vary agreement if it requires unlawful act
218(3) Variation of an enterprise agreement on referral by Australian
Agreement no longer requires unlawful act
Variation of enterprise agreement operates from the day specified in the decision to vary the agreement.
218(4) Variation of an enterprise agreement on referral by Australian
Imposes a duty on the State to operate variation from specified day.
218A Variation of enterprise agreements to correct or amend errors,
The FWC may vary an enterprise agreement to correct or amend errors.
218A(1) Variation of enterprise agreements to correct or amend errors,
The FWC may vary an enterprise agreement.
Application for variation of enterprise agreement
218A(2) Variation of enterprise agreements to correct or amend errors,
Granting permission to vary enterprise agreements
Variation of enterprise agreements operates from the day specified in the decision to vary.
218A(3) Variation of enterprise agreements to correct or amend errors,
Variation operates from a specified day.
Employers and employees may agree to terminate an enterprise
219 Employers and employees may agree to terminate an enterprise
22 Meanings of service and continuous service
Defines service period for national system employee
22(1) Meanings of service and continuous service
Includes excluded periods in total service count
(1) A period of service by a national system employee with his or her national system employer is a period during which the employee is employed by the employer, but does not include any period (an excluded period) that does not count as service because of subsection (2).
22(2) Meanings of service and continuous service
Unauthorised absence is not counted as service
22(3) Meanings of service and continuous service
...but does not count towards the length of...
(3) An excluded period does not break...
Prescribes different kinds of periods for the purposes of different provisions of this Act.
22(3A) Meanings of service and continuous service
220 Employers may request employees to approve a proposed
Employers must request employee approval for proposed termination of an enterprise agreement.
220(1) Employers may request employees to approve a proposed
Reasonable steps to notify employees and a reasonable opportunity to decide.
Employers must notify employees before requesting approval for a proposed termination.
220(2) Employers may request employees to approve a proposed
Employees may be requested to approve a proposed change by ballot or electronic method.
220(3) Employers may request employees to approve a proposed
221 When termination of an enterprise agreement is agreed to
Majority vote required for termination of enterprise agreement
221(1) When termination of an enterprise agreement is agreed to
Majority approval required for termination of enterprise agreement
221(2) When termination of an enterprise agreement is agreed to
Termination agreed upon if majority approves
Obligation to obtain majority approval for termination
Employees must approve proposed termination
222 Application for the FWC’s approval of a termination of an
Application for FWC approval of termination of enterprise agreement
222(1) Application for the FWC’s approval of a termination of an
222(2) Application for the FWC’s approval of a termination of an
Application deadline for FWC approval of termination
222(3) Application for the FWC’s approval of a termination of an
Must be made within a specified time frame
FWC must approve termination of enterprise if employers comply with subsection 220(2)
223 When the FWC must approve a termination of an enterprise
FWC has authority to approve terminations
Termination operates from day specified in decision approval
224 When termination comes into operation
Application for termination of an enterprise agreement after its nominal expiry date
225 Application for termination of an enterprise agreement after its
226 Terminating an enterprise agreement after its nominal expiry
FWC must terminate enterprise agreement if certain conditions are met.
226(1) Terminating an enterprise agreement after its nominal expiry
FWC must terminate enterprise agreement under subsection (1) only if satisfied it is appropriate in all circumstances.
226(1A) Terminating an enterprise agreement after its nominal expiry
Obligation to terminate enterprise agreement
Termination of employment due to employer's initiative or insolvency/bankruptcy
226(2) Terminating an enterprise agreement after its nominal expiry
Prohibition of termination without just cause
(2) This subsection covers a termination...
226A Guarantee of termination entitlements
Guarantee of termination entitlements undertaking by employer.
226A(1) Guarantee of termination entitlements
Termination can occur at any time after signing of undertaking.
if the agreement is terminated under section 226 and the employer terminates the employment of a protected employee
Employer's obligation to comply with subsection (3) if agreement is terminated.
(a) is an undertaking that the employer will comply with subsection (3)
by anyone, except where this is due to the ordinary and customary turnover of labour
Employer's permission for termination due to ordinary and customary turnover of labour.
(i) at the employer’s initiative because the employer no longer requires the job done by the employee to be done
Employer's prohibition from terminating employment due to insolvency or bankruptcy.
(ii) because of the insolvency or bankruptcy of the employer
Employer's obligation to comply with subsection (3) repeats indefinitely.
Employee must be covered by the agreement before termination.
226A(2) Guarantee of termination entitlements
Employee is covered during the term of the agreement.
Temporal relationship: Employee must be covered during the term of the agreement.
Employee is protected if they would be covered.
If employee would be covered, then they are protected.
Employee must be covered by the agreement.
Employee being protected iff they would be covered.
Employee being protected implies they would be covered.
Employer must comply with enterprise agreement terms for termination entitlements.
226A(3) Guarantee of termination entitlements
Employer must comply with enterprise agreement terms.
Guarantee of termination entitlements comes into force on the day of agreement termination.
226A(4) Guarantee of termination entitlements
227 When termination comes into operation
227A Application for FWC to reconsider whether an enterprise
Permits reconsideration of enterprise agreement by employers, employees, or employee organisations.
227A(1) Application for FWC to reconsider whether an enterprise
FWC must have regard to patterns of work when approving an agreement.
227A(2) Application for FWC to reconsider whether an enterprise
...the condition in this subsection is satisfied.
FWC had regard before approving the agreement.
(a) before approving the agreement the FWC had regard, under subsection 193A(6), to patterns or kinds of work...
Regard to patterns of work is a requirement.
...the FWC did not have regard, under subsection 193A(6), to this pattern of work.
FWC must not have regard to certain patterns of work.
(b) at the test time or a later time, one or more employees covered by subsection (4) or (5) engaged in other patterns or kinds of work...
Work on Saturdays and Sundays is a class of employees.
(i) the award covered employees for the agreement; and (ii) if the agreement is a single-enterprise agreement that covers one or more employees to whom a supported bargaining agreement or a single interest employer agreement applies—those employees...
Work on Sundays is a class of employees.
(ii) if the agreement is a single-enterprise agreement that covers one or more employees to whom a supported bargaining agreement or a single interest employer agreement applies—those employees...
FWC did not have regard at the test time.
Employee covered by subsection if meets test time assumption
227A(4) Application for FWC to reconsider whether an enterprise
227B Reconsideration of whether an enterprise agreement passes
FWC must reconsider whether an enterprise agreement passes the better off overall test under section 193.
227B(1) Reconsideration of whether an enterprise agreement passes
Reconsideration of enterprise agreement passes
227B(2) Reconsideration of whether an enterprise agreement passes
227C Effect of undertakings
The undertaking is taken to be a term of the agreement.
227C(1) Effect of undertakings
The undertaking is taken to be a term of the agreement as it applies to each employer that gave the undertaking.
227C(2) Effect of undertakings
Requires a relation between identifiable temporal intervals for the provision to apply
(2) If: (a) the FWC accepts an undertaking under paragraph 227B(3)(a) in relation to an enterprise agreement; and (b) the agreement covers 2 or more employers;
the undertaking is taken to be a term of the agreement, as the agreement applies to each employer that gave the undertaking.
Classifies the provision as an obligation
Classifies the provision as a right for the employers that gave the undertaking
Requires an ordered or recurring trace for the provision to apply
227D Effect of amendment
The amendment takes effect as if it were part of the agreement.
227D(1) Effect of amendment
The amendment takes effect during the agreement
Describes a temporal relationship between the amendment and the agreement
Implies an obligation for the state to take effect the amendment as part of the agreement
227D(2) Effect of amendment
227E No creation of liability to pay pecuniary penalty for past
No creation of liability to pay pecuniary penalty for past conduct
227E(1) No creation of liability to pay pecuniary penalty for past
No creation of liability to pay pecuniary penalty for past conduct that would not have contravened an enterprise agreement term.
227E(2) No creation of liability to pay pecuniary penalty for past
If conduct would not have contravened an enterprise agreement term, no pecuniary penalty.
Conduct would not have contravened an enterprise agreement term.
The conduct must have occurred before the amendment was made.
228 Bargaining representatives must meet the good faith bargaining
Bargaining representatives must meet good faith bargaining requirements.
228(1) Bargaining representatives must meet the good faith bargaining
Must provide good faith bargaining requirements.
No requirement for a bargaining representative to make concessions during bargaining.
228(2) Bargaining representatives must meet the good faith bargaining
Good faith bargaining requirements do not require...
229 Applications for bargaining orders
Application for bargaining order under section 230
229(1) Applications for bargaining orders
Bargaining representative has obligation to apply for bargaining order
No application for bargaining order can be made in relation to a proposed multi-enterprise agreement unless a supported bargaining authorisation or single interest employer authorisation is in operation.
229(2) Applications for bargaining orders
Application timing overlaps with required authorisation
Application timing must overlap with supported authorisation or single interest employer authorisation
Supported authorisation or single interest employer authorisation is in operation
Supported authorisation or single interest employer authorisation is required
Application for bargaining orders can be made at any time, except under certain conditions.
229(3) Applications for bargaining orders
Bargaining representative must apply for bargaining order under certain conditions.
229(4) Applications for bargaining orders
...and (d) considers that the relevant bargaining representatives have not responded appropriately to those concerns.
Must provide written notice to relevant bargaining representatives.
(b) has given a written notice setting out those concerns...
Must respond to written notice within a reasonable time.
(c) has given the relevant bargaining representatives a reasonable time...
Must meet good faith bargaining requirements.
(a) has concerns that one or more of the bargaining representatives for the agreement have not met, or are not meeting, the good faith bargaining requirements...
Must proceed with bargaining process fairly and efficiently.
(a) has concerns that the bargaining process is not proceeding efficiently or fairly because there are multiple bargaining representatives for the agreement...
...Non-compliance with notice requirements may be permitted
(4) The bargaining representative may only apply for the bargaining order if...
...and (4) The bargaining representative may only apply for the bargaining order if...
Must not have concerns that are not addressed.
(d) considers that the relevant bargaining representatives have not responded appropriately to those concerns.
FWC may consider application despite non-compliance with certain conditions.
229(5) Applications for bargaining orders
FWC may consider application despite non-compliance.
23 Meaning of small business employer
Employer must have fewer than 15 employees at a particular time to be considered a small business employer.
23(1) Meaning of small business employer
The employer has fewer than 15 employees during the relevant time period.
Employer must have fewer than 15 employees during the relevant time period.
(1) A national system employer is a small business employer at a particular time if the employer employs fewer than 15 employees at that time.
The employer has fewer than 15 employees.
Employer must have fewer than 15 employees.
Count all employees employed by the employer at a particular time, except for casual employees not regularly employed.
23(2) Meaning of small business employer
Associated entities are taken to be one entity for calculating the number of employees.
23(3) Meaning of small business employer
Associated entities are taken to be one entity.
Employees to be counted in determining small business employer status
23(4) Meaning of small business employer
Small business employer status determination at that time
Temporal relation between employee dismissal/termination and small business employer status
Employee dismissal/termination occurs at a particular time
Small business employer status determination is possible
Inference of small business employer status from employee dismissal/termination
Obligation to count employees in determining small business employer status
Diffusion of obligation to count employees in determining small business employer status
Small business employer status determination is possible for all employees
Universal quantification of employees to be counted in determining small business employer status
The FWC may make a bargaining order under this section in relation to a proposed enterprise agreement.
230 When the FWC may make a bargaining order
231 What a bargaining order must specify
Bargaining order must specify certain actions and requirements for bargaining representatives.
231(1) What a bargaining order must specify
Must provide specified actions and requirements.
Specify kinds of bargaining orders that the FWC may make.
231(2) What a bargaining order must specify
Bargaining order operation and cessation
232 Operation of a bargaining order
Prohibition on contravening a bargaining order term.
233 Contravening a bargaining order
234 Applications for intractable bargaining declarations
Application for intractable bargaining declaration
234(1) Applications for intractable bargaining declarations
Bargaining representative has obligation to apply for intractable bargaining declaration
No application for intractable bargaining declaration can be made unless a supported bargaining authorisation or single interest employer authorisation is in operation.
234(2) Applications for intractable bargaining declarations
Application overlaps with existing authorisation
Application must overlap with existing authorisation
Supported bargaining authorisation or single interest employer authorisation is in operation
Supported bargaining authorisation or single interest employer authorisation is required
235 When the FWC may make an intractable bargaining
FWC may make intractable bargaining declaration under certain conditions.
235(1) When the FWC may make an intractable bargaining
FWC obligation to make intractable bargaining declaration
FWC must be satisfied with dispute handling and applicant participation.
235(2) When the FWC may make an intractable bargaining
235A Post-declaration negotiating period
The FWC may specify a post-declaration negotiating period.
235A(1) Post-declaration negotiating period
May specify a post-declaration negotiating period.
FWC may extend negotiating period under certain conditions.
235A(2) Post-declaration negotiating period
236 Majority support determinations
A bargaining representative may apply for a determination that a majority of employees want to bargain with the employer.
236(1) Majority support determinations
Bargaining representative cannot apply for determination if a supported bargaining authorisation specifies the employee is in operation.
236(1A) Majority support determinations
Describes a relationship between authorisation and employee
Employee cannot apply for FWC determination under certain conditions.
236(1B) Majority support determinations
Defines temporal interval for expiry dates
(b) the agreement has not passed its nominal expiry date.
(1B) Despite subsection (1), a bargaining representative of an employee may not apply to the FWC for a determination if:
Prohibits application for FWC determination
(a) a single interest employer agreement or a supported bargaining agreement applies to the employee; and (b) the agreement has not passed its nominal expiry date.
Employer and employee information must be specified in the agreement.
236(2) Majority support determinations
Employer and employee information must be specified.
237 When the FWC must make a majority support determination
FWC must make a majority support determination for proposed single-enterprise agreement.
237(1) When the FWC must make a majority support determination
Obligation to make a majority support determination.
The FWC must make a majority support determination.
237(2) When the FWC must make a majority support determination
FWC may work out whether a majority of employees want to bargain using any method the FWC considers appropriate.
237(3) When the FWC must make a majority support determination
FWC must consider group of employees when making majority support determination.
237(3A) When the FWC must make a majority support determination
The FWC must take into account whether the group is geographically, operationally or organisationally distinct.
Obligation to consider group of employees
FWC must make a majority support determination
237(4) When the FWC must make a majority support determination
238 Scope orders
A bargaining representative may apply for a scope order if they have concerns about the agreement covering appropriate employees.
238(1) Scope orders
The bargaining representative has a duty to apply for an order if they have concerns.
No scope order for proposed single-enterprise agreement if certain conditions apply
238(2) Scope orders
Conditions must apply before scope order application
(2) Despite subsection (1), a bargaining representative may not apply to the FWC for a scope order in relation to a proposed single-enterprise agreement if:
Scope order application conditional on certain conditions
Two conditions must be met simultaneously
(a) a single interest employer agreement or a supported bargaining agreement applies to one or more employees who will be covered by the proposed single-enterprise agreement; and (b) the single interest employer agreement or supported bargaining agreement has not passed its nominal expiry date.
The bargaining representative must apply for a scope order if certain conditions are met.
238(3) Scope orders
The bargaining representative must apply for a scope order.
FWC may make scope order under certain conditions.
238(4) Scope orders
making the order promotes fair and efficient conduct of bargaining during this period
Scope order applies during good faith bargaining period
good faith bargaining requirements met or being met
making the order promotes fair and efficient conduct of bargaining
FWC can make scope order under conditions
FWC must make scope order if conditions are met
FWC may make scope order if reasonable in all circumstances
making the order promotes fair and efficient conduct of bargaining everywhere in the workplace
Scope order applies everywhere in the workplace
Employer must specify employer and employees to be covered in scope order.
238(4A) Scope orders
Employer must specify employer and employees to be covered.
Specify employer and employees covered by a single-enterprise agreement
238(5) Scope orders
Scope order must be in accordance with this section
238(6) Scope orders
(6) The scope order: (a) must be in accordance with this section;
Scope order operation and termination conditions
239 Operation of a scope order
23A Terms relating to superannuation
23A(1) Terms relating to superannuation
...the Superannuation Industry (Supervision) Act 1993.
MySuper product has the meaning given by...
A standard MySuper product must not be an employer MySuper product.
23A(1A) Terms relating to superannuation
It must not be the case that a standard MySuper product is an employer MySuper product.
Prohibition on standard MySuper products being employer MySuper products.
(1A) A standard MySuper product is a MySuper product that is not an employer MySuper product.
Employer must provide a tailored or corporate MySuper product.
23A(1B) Terms relating to superannuation
A tailored MySuper product must satisfy section 29TB of the Superannuation Industry (Supervision) Act 1993.
23A(2) Terms relating to superannuation
Definition of a corporate MySuper product
23A(3) Terms relating to superannuation
23B Meaning of general building and construction work
Defines general building and construction work
23B(1) Meaning of general building and construction work
...or (ii) civil construction within the meaning of paragraph 4.3(b) of the Building and Construction General On-site Award 2020 as in force at the applicable time;
(i) general building and construction within the meaning of paragraph 4.3(a) of the Building and Construction General On-site Award 2020 as in force at the applicable time;
...or (b) the work is not any of the following...
(a) the work is done onsite by an employee in the industry of:
...or (vii) work in the black coal mining industry within the meaning of clause 4.2 of the Black Coal Mining Industry Award 2020 as in force at the applicable time;
(b) the work is not any of the following:
...or (xiv) work, in that part of the industry of civil construction described in subparagraph 4.3(b)(i) of the Building and Construction General On-site Award 2020 as in force at the applicable time, that is the construction, repair, maintenance or demolition of power houses or other structures...
(xiii) work in the asphalt industry within the meaning of clause 4.2 of the Asphalt Industry Award 2020 as in force at the applicable time;
Defines applicable time as start of day before section commences.
23B(2) Meaning of general building and construction work
24 Guide to this Part
240 Application for the FWC to deal with a bargaining dispute
A bargaining representative may apply to the FWC for the FWC to deal with a dispute about an enterprise agreement.
240(1) Application for the FWC to deal with a bargaining dispute
Application for FWC to deal with a bargaining dispute
240(2) Application for the FWC to deal with a bargaining dispute
Permission to apply for FWC to deal with a bargaining dispute
Bargaining representatives must agree to make an application.
240(3) Application for the FWC to deal with a bargaining dispute
FWC may arbitrate dispute if bargaining representatives agree.
240(4) Application for the FWC to deal with a bargaining dispute
FWC may arbitrate dispute within a certain time frame.
Temporal interval for FWC's arbitration.
(4) If the bargaining representatives have agreed...
Bargaining representatives' agreement implies FWC's arbitration.
FWC may arbitrate dispute and provide a cogent decision.
FWD's arbitration as a cogent AI process.
FWC may arbitrate dispute and diffuse its decision.
Diffusion of FWC's arbitration decision.
240A Application to FWC for voting request order
Written agreement from employee organisations
Employer may request employee approval for enterprise agreement voting
240A(1) Application to FWC for voting request order
Employer obligation to request written agreement
Permits an employer to make voting requests.
240A(2) Application to FWC for voting request order
FWC must make voting request order if certain conditions are met.
240B FWC must make voting request order
241 Objects of this Division
242 Supported bargaining authorisations
Employers subject to certain rules in relation to the agreement
242(1) Supported bargaining authorisations
Employers and employees must be specified in the agreement.
242(2) Supported bargaining authorisations
No application can be made in relation to a proposed greenfields agreement.
242(3) Supported bargaining authorisations
Cannot be made in relation to a proposed greenfields agreement.
243 When the FWC must make a supported bargaining
The FWC must make a supported bargaining authorisation.
243(1) When the FWC must make a supported bargaining
Examples of common interests that employers may have
243(2) When the FWC must make a supported bargaining
243A Restrictions on making supported bargaining authorisations
FWC must not make a supported bargaining authorisation specifying an employee who is covered by a single-enterprise agreement that has not passed its nominal expiry date.
243A(1) Restrictions on making supported bargaining authorisations
The provision overlaps with the concept of a supported bargaining authorisation.
Temporal overlap between the provision and the concept of a supported bargaining authorisation.
(1) The FWC must not make a supported bargaining authorisation specifying an employee who is covered by a single-enterprise agreement that has not passed its nominal expiry date.
The FWC will not make a supported bargaining authorisation specifying an employee who is covered by a single-enterprise agreement that has not passed its nominal expiry date.
Inference from the provision to a conclusion about the FWC's actions.
The FWC cannot make a supported bargaining authorisation specifying an employee who is covered by a single-enterprise agreement that has not passed its nominal expiry date.
Prohibition of making a supported bargaining authorisation.
The provision implies the diffusion of supported bargaining authorisations.
Implication of the provision on the diffusion of supported bargaining authorisations.
The provision contains the concept of a single-enterprise agreement.
Temporal containment between the provision and the concept of a single-enterprise agreement.
Restrictions on making supported bargaining authorisations
243A(1A) Restrictions on making supported bargaining authorisations
No effect if covered by a single-enterprise agreement past its nominal expiry date
243A(2) Restrictions on making supported bargaining authorisations
(supported bargaining authorisation has no effect)
Nominal expiry date overlaps with supported bargaining authorisation
(single-enterprise agreement nominal expiry date)
(single-enterprise agreement past nominal expiry date)
Employer's main intention must not be to avoid being specified in a supported bargaining authorisation.
243A(3) Restrictions on making supported bargaining authorisations
If the employer's main intention was not to avoid being specified, then they must be specified at some point in time.
The employer's intention overlaps with the concept of avoiding specification.
The FWC has the power to specify supported bargaining authorisations.
If the employer's main intention was not to avoid being specified, then they must be specified.
The FWC can specify supported bargaining authorisations if the employer's main intention was not to avoid being specified.
If the employer's main intention was not to avoid being specified, then they must be specified at some point in time and remain specified thereafter.
The employer's intention is an obligation until it is no longer true.
FWC cannot make a supported bargaining authorisation for general building and construction work.
243A(4) Restrictions on making supported bargaining authorisations
FWC must not make a supported bargaining authorisation.
244 Variation of supported bargaining authorisations—general
Employer may apply for variation of supported bargaining authorisation.
244(1) Variation of supported bargaining authorisations—general
Employer has the right to apply for variation.
FWC must vary authorisation if circumstances change
244(2) Variation of supported bargaining authorisations—general
245 Variation of supported bargaining authorisations—enterprise
Employer's name can be removed from supported bargaining authorization when covered by an enterprise agreement or workplace determination.
245(1) Variation of supported bargaining authorisations—enterprise
Imposes a duty on the FWC to vary the supported bargaining authorization.
Variation of supported bargaining authorisations—enterprise
245(2) Variation of supported bargaining authorisations—enterprise
...to remove an employee when the employee is covered by an enterprise agreement, or a workplace determination, that is in operation.
Temporal relationship between variation and removal of employees
(2) The FWC is taken to have varied a supported bargaining authorisation...
Mechanism of variation and removal of employees
Obligation to vary supported bargaining authorisations—enterprise
246 FWC’s assistance
FWC’s assistance applies if a supported bargaining authorisation is in operation.
246(1) FWC’s assistance
Temporal relationship: FWC's assistance applies during supported bargaining authorisation
Supported bargaining authorisation is in operation
FWC may provide assistance to bargaining representatives.
246(2) FWC’s assistance
FWC may direct a person to attend a conference.
246(3) FWC’s assistance
248 Single interest employer authorisations
Authorisation for a single interest employer
248(1) Single interest employer authorisations
Applicable to the FWC for an authorisation
Employers and employees must specify details for the agreement.
248(2) Single interest employer authorisations
Employers and employees must specify details.
The FWC must make a single interest employer authorisation.
249 When the FWC must make a single interest employer
FWC cannot make single interest employer authorisation for certain enterprise agreements.
249A Restriction on making single interest employer authorisations
Prohibition of single interest employer authorisation
Defines employee and employer terms for this Part.
25 Meanings of employee and employer
Employers must specify covered employers, employees, and nominated person in a single interest employer authorisation.
250 What a single interest employer authorisation must specify
Employers must provide specified information in a single interest employer authorisation.
251 Variation of single interest employer authorisations
Variation of single interest employer authorisations
251(1) Variation of single interest employer authorisations
Allow variation of single interest employer authorisation
The FWC must vary the authorisation to remove the employer’s name if certain requirements are met.
251(2) Variation of single interest employer authorisations
Employers and employees must express views on single interest employer authorisations.
251(2A) Variation of single interest employer authorisations
No longer appropriate for the employer to be specified.
Change in employer's circumstances occurs between two points in time.
Employers and employees must express views.
Application must be made by a bargaining representative of an employee who will be covered by the proposed enterprise agreement.
251(2B) Variation of single interest employer authorisations
FWC must not vary single interest employer authorisation under certain conditions.
251A Restriction on variation of single interest employer
...authorisation under certain conditions.
Prohibition of varying single interest employer authorisation.
252 Variation to extend period single interest employer
Variation of single interest employer authorization
252(1) Variation to extend period single interest employer
FWC may vary authorisation to extend period if certain conditions are met.
252(2) Variation to extend period single interest employer
the agreement will be made during the extended period
Temporal interval for varying authorisation
the authorisation is in operation for a longer period
253 Terms of an enterprise agreement that are of no effect
Terms of an enterprise agreement that are not about permitted matters, unlawful terms, or designated outworker terms have no effect.
253(1) Terms of an enterprise agreement that are of no effect
(1) A term of an enterprise agreement has no effect to the extent that it contravenes section 55.
Terms with no effect are those that occur during the commencement of the enterprise agreement.
Note 1: A term of an enterprise agreement has no effect to the extent that it contravenes section 55 (see section 56).
(1) A term of an enterprise agreement has no effect to the extent that: (a) it is not a term about a permitted matter; or (b) it is an unlawful term; or (c) it is a designated outworker term.
Invalidates a term if it is not about permitted matters, unlawful terms, or designated outworker terms.
(a) it is not a term about a permitted matter; (b) it is an unlawful term; (c) it is a designated outworker term.
Inclusion of a term with no effect does not prevent an enterprise agreement from being valid.
253(2) Terms of an enterprise agreement that are of no effect
Obligation to include a term with no effect in an enterprise agreement.
Term is included in the enterprise agreement.
254 Applications by bargaining representatives
Applications by bargaining representatives
254(1) Applications by bargaining representatives
254(2) Applications by bargaining representatives
254A Entitlement for volunteer bodies to make submissions
Entitlement to make submissions for consideration in relation to a matter before the FWC.
254A(1) Entitlement for volunteer bodies to make submissions
Entitlement for volunteer bodies to make submissions
254A(2) Entitlement for volunteer bodies to make submissions
Applicability of subsection (1) regardless of hearing
254A(3) Entitlement for volunteer bodies to make submissions
255 Part does not empower the FWC to make certain orders
Part does not empower the FWC to make certain orders
255(1) Part does not empower the FWC to make certain orders
(1) This Part does not empower the FWC to make an order that requires, or has the effect of requiring:
FWC may make an order regarding proposed enterprise agreement content during arbitration under section 240.
255(2) Part does not empower the FWC to make certain orders
Prohibits application of certain provisions after notified negotiation period ends
255A Limitations relating to greenfields agreements
...the following provisions do not apply in relation to the agreement at any time after the end of the notified negotiation period:
Provisions apply during notified negotiation period
(c) the notified negotiation period has ended;
...the following provisions do not apply
Exempts certain provisions from application
(d) the following provisions do not apply in relation to the agreement at any time after the end of the notified negotiation period:
...a bargaining order that relates to the agreement ceases to have effect at the end of the notified negotiation period.
Bargaining order relates to greenfields agreements
(i) section 228 (which deals with good faith bargaining requirements);
Bargaining order ceases to have effect until end of negotiation period
(e) a bargaining order that relates to the agreement ceases to have effect at the end of the notified negotiation period.
Reference to employer or employee includes person who may become one
256 Prospective employers and employees
256A How employees, employers and employee organisations are to
Employers, employees, and employee organisations must specify covered parties in an enterprise agreement or other instrument.
256A(1) How employees, employers and employee organisations are to
Requires specification of covered parties
Employees may be specified by class or by name.
256A(2) How employees, employers and employee organisations are to
256A(3) How employees, employers and employee organisations are to
Employees, employers and employee organisations must describe a class by reference to one or more of the following.
256A(4) How employees, employers and employee organisations are to
Must describe a class by reference to one or more of the following.
Class description must be based on classification, job level or grade.
Enterprise agreements may incorporate material in force from time to time.
257 Enterprise agreements may incorporate material in force from
26 May 2009
26 Act excludes State or Territory industrial laws
Exclusion of State or Territory industrial laws
26(1) Act excludes State or Territory industrial laws
Defines what constitutes a State or Territory industrial law.
26(2) Act excludes State or Territory industrial laws
a general State industrial law; or an Act of a State or Territory that applies to employment...
(2) A State or Territory industrial law is:
27 State and Territory laws that are not excluded by section 26
Section 26 does not apply to certain State and Territory laws.
27(1) State and Territory laws that are not excluded by section 26
The law is prescribed by the regulations as a law to which section 26 does not apply.
Section 26 does not apply to a law of a State or Territory
27(1A) State and Territory laws that are not excluded by section 26
27(2) State and Territory laws that are not excluded by section 26
28 Act excludes prescribed State and Territory laws
Act excludes prescribed State and Territory laws
28(1) Act excludes prescribed State and Territory laws
Excludes prescribed State and Territory laws
The Act excludes prescribed State and Territory laws.
28(2) Act excludes prescribed State and Territory laws
Section 27 is not applicable to the law.
28(3) Act excludes prescribed State and Territory laws
If section 26 applies, then section 27 does not apply.
Subsection (1) does not limit subsection (1).
If the law is covered by section 27, then subsection (1) does not apply.
If subsection (1) has effect, then the law is covered by section 27.
29 Interaction of modern awards and enterprise agreements with
Modern awards and enterprise agreements take precedence over state laws in case of inconsistency.
29(1) Interaction of modern awards and enterprise agreements with
State laws are overridden by modern awards and enterprise agreements in case of inconsistency.
Modern awards and enterprise agreements take precedence over state laws.
Interaction of modern awards and enterprise agreements with state laws
29(2) Interaction of modern awards and enterprise agreements with
Law applies to enterprise agreement so far as it is covered by paragraph 27(1)(b), (c) or (d)
term of a modern award or enterprise agreement
Term requires designated emergency management body to act in accordance with state law
Term permits designated emergency management body to act other than in accordance with state law
Term of modern award or enterprise agreement not subject to State law
29(3) Interaction of modern awards and enterprise agreements with
A Proclamation must not specify a day that occurs before the day on which the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 receives the Royal Assent.
3 Section 3
Promotes national economic prosperity and social inclusion for all Australians.
3 Object of this Act
Establishes a duty to promote national economic prosperity and social inclusion.
Commencement on the first day after the end of a 12-month period beginning on the day the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 receives Royal Assent.
Prohibition of specifying a day before the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 receives Royal Assent.
Provisions that do not commence within the specified period will start on the first day after the end of that period.
Act may exclude State and Territory laws etc.
30 Act may exclude State and Territory laws etc. in other cases
Defines terms used in Division 2A of the Fair Work Act 2009.
30A Meaning of terms used in this Division
30B Meaning of referring State
A State is a referring State if the Parliament of the State has referred matters before 1 July 2009.
30B(1) Meaning of referring State
...the Parliament of the State has referred matters covered by subsections (3),
Matters were referred before 1 July 2009
...the Parliament of the State has referred matters before 1 July 2009,
Referred matters imply State is referring
...the Parliament of the State has referred the matters covered by subsections (3),
30B(2) Meaning of referring State
(a) the State’s referral law provides that...
30B(3) Meaning of referring State
States legislative powers in relation to the Parliament of the Commonwealth
30B(4) Meaning of referring State
States temporal interval for Commonwealth reference
(4) and (5) in relation to the State to the Parliament of the Commonwealth for the purposes of paragraph 51(xxxvii) of the Constitution:
States matters not included in Commonwealth legislative powers
(b) if and to the extent that the matters are included in the legislative powers of the Parliament of the State.
States matters not otherwise included in Commonwealth legislative powers
(a) if and to the extent that the matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution);
States matters included in State legislative powers
States matters in relation to Commonwealth legislative powers
30C Extended meaning of national system employee
30C(1) Extended meaning of national system employee
Section does not limit operation of section 13.
30C(2) Extended meaning of national system employee
30D Extended meaning of national system employer
30D(1) Extended meaning of national system employer
Section 14 is not limited by this section.
30D(2) Extended meaning of national system employer
30E Extended ordinary meanings of employee and employer
A reference to an employee includes a law enforcement officer of a State that is a referring State.
30E(1) Extended ordinary meanings of employee and employer
A reference to an employer includes a holder of an office in a referring State.
30E(2) Extended ordinary meanings of employee and employer
Section does not limit operation of section 15.
30E(3) Extended ordinary meanings of employee and employer
Section 15 is not limited by this section.
Implies the operation of section 15 is not limited.
30F Extended meaning of outworker entity
30G General protections
Part 3-1 applies to action taken in a State that is a referring State because of this Division.
30G(1) General protections
Section 30G(2) applies despite section 337 and does not limit the operation of sections 338 and 339.
30G(2) General protections
Section applies despite other provisions.
Division has effect only if supported by reference to Parliament of the Commonwealth
30H Division only has effect if supported by reference
30K Meaning of terms used in this Division
30L Meaning of referring State
30M Extended meaning of national system employee
30M(1) Extended meaning of national system employee
30M(2) Extended meaning of national system employee
30N Extended meaning of national system employer
30N(1) Extended meaning of national system employer
...and (b) a holder of an office to whom subsection 30P(2) applies.
(a) any person in a State that is a referring State because of this Division so far as the person employs, or usually employs, an individual;
(1) A national system employer includes: (a) any person in a State that is a referring State because of this Division so far as the person employs, or usually employs, an individual;
Subclass of referring States and holders of offices
(1) A national system employer includes: (a) any person in a State...
30N(2) Extended meaning of national system employer
30P Extended ordinary meanings of employee and employer
A law enforcement officer of a referring State is included in the definition of employee if the State's referral law so provides.
30P(1) Extended ordinary meanings of employee and employer
Inclusion in a definition is an obligation.
The law enforcement officer is a subclass of employee.
A reference to an employer includes a holder of an office of the State.
30P(2) Extended ordinary meanings of employee and employer
30P(3) Extended ordinary meanings of employee and employer
30Q Extended meaning of outworker entity
An outworker entity includes a person who arranges for work to be performed in a State that is a referring State because of this Division.
30Q(1) Extended meaning of outworker entity
Defines the scope of an outworker entity
Classifies outworker entity based on arrangement and work type
Does not limit the operation of the definition of outworker entity in section 12.
30Q(2) Extended meaning of outworker entity
30R General protections
Applicability of general protections to referring States
30R(1) General protections
General protections apply to referring States
(1) Part 3-1 applies to action taken in a State that is a referring State because of this Division.
Section 30R(2) applies despite section 337 and does not limit the operation of sections 338 and 339.
30R(2) General protections
30S Division only has effect if supported by reference
31 Exclusion of persons etc. insufficiently connected with Australia
A provision of this Act does not apply to a person or entity in Australia prescribed by the regulations as a person to whom, or an entity to which, the provision does not apply.
31(1) Exclusion of persons etc. insufficiently connected with Australia
Minister must be satisfied that provision should not apply to person or entity in Australia due to insufficient connection.
31(2) Exclusion of persons etc. insufficiently connected with Australia
The provision should not apply to the person or entity in Australia.
The temporal interval of the provision's application overlaps with the temporal interval of the person or entity's connection to Australia.
There is not a sufficient connection between the person or entity and Australia.
The CogAI system can infer that the provision does not apply to the person or entity in Australia due to insufficient connection.
There is a sufficient connection between the person or entity and Australia.
Minister has an obligation to ensure provision does not apply.
The Minister must be satisfied that the provision should not apply.
The diffusion of information about the provision's application is affected by the temporal interval of the person or entity's connection to Australia.
The provision's application continues until the temporal interval of the person or entity's connection to Australia ends.
Regulations may modify application of this Act in certain parts of Australia.
32 Regulations may modify application of this Act in certain parts of
Regulations may modify application of this Act.
32A Rules may modify application of this Act in Norfolk Island
The Minister may make rules modifying the Act's application in Norfolk Island.
32A(1) Rules may modify application of this Act in Norfolk Island
Rules cannot create an offence or civil penalty, provide powers of arrest or detention, entry, search or seizure, impose a tax, set an amount to be appropriated from the Consolidated Revenue Fund, or directly amend the text of this Act.
32A(2) Rules may modify application of this Act in Norfolk Island
Rules cannot create an offence or civil penalty.
This Act has effect as modified in relation to Norfolk Island.
32A(3) Rules may modify application of this Act in Norfolk Island
33 Extension of this Act to the exclusive economic zone and the
This Act extends to or in relation to certain ships and platforms.
33(1) Extension of this Act to the exclusive economic zone and the
Temporal relation to ships and platforms
(i) supplies, services or otherwise operates in connection with a fixed platform in the exclusive economic zone or in the waters above the continental shelf; (ii) operates to and from an Australian port;
Implication of ship operation on base usage
(i) is operated or chartered by an Australian employer; (ii) uses Australia as a base;
Recognition of ship operation on base usage
Diffusion of ship operation to platform usage
References to Australian employer and employee are included in provisions of the Act.
33(2) Extension of this Act to the exclusive economic zone and the
Inclusion of Australian employer and employee references.
Extension of this Act to the exclusive economic zone and the waters above the continental shelf.
33(3) Extension of this Act to the exclusive economic zone and the
Modifications of this Act for its operation in the exclusive economic zone or continental shelf.
33(4) Extension of this Act to the exclusive economic zone and the
Prescribes modifications in relation to different parts of the exclusive economic zone or continental shelf.
33(5) Extension of this Act to the exclusive economic zone and the
Extension of this Act has effect in relation to acts, omissions, matters and things directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area.
33(6) Extension of this Act to the exclusive economic zone and the
Extension of this Act beyond the exclusive economic zone and the continental shelf
34 Extension of this Act beyond the exclusive economic zone and the
Requires relation between temporal intervals
35 Meanings of Australian employer and Australian-based employee
35(1) Meanings of Australian employer and Australian-based employee
35(2) Meanings of Australian employer and Australian-based employee
An Australian-based employee is an employee who...
(2) An Australian-based employee is an employee:
35A Regulations excluding application of Act
Regulations may exclude application of Act in certain areas.
35A(1) Regulations excluding application of Act
Regulations excluding application of Act
35A(2) Regulations excluding application of Act
Exclude application in specified area or part
36 Geographical application of offences
37 Act binds Crown
The Act binds the Crown in all its capacities.
37(1) Act binds Crown
The Crown is not liable to prosecution for an offence, except as provided by subsection (3).
37(2) Act binds Crown
If the Crown is not liable, then prosecution is not allowed.
The Act does not make the Crown liable to be prosecuted.
The provision excludes certain cases where the Crown may be liable to prosecution.
This Act does not make the Crown liable to be prosecuted, except as provided for by subsection (3).
Prosecution may be allowed in that case.
If there is an exception, then prosecution may be allowed in that case.
The Crown is not liable to prosecution for an offence, except as provided for by subsection (3).
This provision applies to all such cases.
This provision applies to all cases where the Crown is not liable to prosecution.
The Act does not make the Crown liable to be prosecuted, except as provided for by subsection (3).
There may be cases where the Crown is not liable to prosecution.
The Crown is liable to prosecution for certain offences.
37(3) Act binds Crown
(3) The Crown in right of the Commonwealth is liable to be prosecuted for an offence against any of the following provisions:
Prohibits the Crown from committing certain acts.
Diffuses information about related offences.
(a) subsection 327A(1); (b) a related offence provision, to the extent that the related offence provision relates to an offence against subsection 327A(1).
The Crown is liable for contravention of civil remedy provisions.
37(4) Act binds Crown
Act not to apply so as to exceed Commonwealth power
38 Act not to apply so as to exceed Commonwealth power
Acquisition of property from a person not on just terms is excluded.
39 Acquisition of property
Exclusion of acquisition of property on just terms.
4 Section 4
4 Guide to this Act
Provides for compliance with and enforcement of the Act.
4(1) Guide to this Act
4(2) Guide to this Act
4(3) Guide to this Act
Contains application, saving and transitional provisions relating to amendments of this Act.
4(4) Guide to this Act
40 Interaction between fair work instruments and public sector
Public sector employment law prevails over fair work instruments on inconsistency.
40(1) Interaction between fair work instruments and public sector
Precedence of public sector employment law over fair work instruments.
(1) A public sector employment law prevails...
Public sector employment law prevails over fair work instruments to the extent of any inconsistency if the instrument or term is prescribed by regulations.
40(2) Interaction between fair work instruments and public sector
Obligation to prioritize public sector employment law.
Fair work instruments are included in a class of instruments prescribed by regulations.
Fair work instruments do not prevail over public sector employment laws
40(3) Interaction between fair work instruments and public sector
Laws that fair work instruments never prevail over
Fair work instruments do not overlap with public sector employment laws
(3) A public sector employment law is a law of the Commonwealth...
Fair work instruments contradict public sector employment laws
Fair work instruments do not apply to public sector employment laws
Prohibition of fair work instruments over public sector employment laws
Fair work instruments do not diffuse to public sector employment laws
Exempts certain public sector employment laws from subsection (2)
40(4) Interaction between fair work instruments and public sector
Subsection (2) does not apply to any provisions of the following that are public sector employment laws during their commencement
(4) Subsection (2) does not apply to any provisions of the following that are public sector employment laws: (a) the Safety, Rehabilitation and Compensation Act 1988; (b) the Superannuation Act 1976; (c) the Superannuation Act 1990; (d) the Superannuation Act 2005; (e) the Superannuation (Productivity Benefit) Act 1988;
40A Application of the Acts Interpretation Act 1901
Applicability of Acts Interpretation Act 1901 to this Act
40A(1) Application of the Acts Interpretation Act 1901
Amendments to Acts Interpretation Act 1901 do not apply to this Act.
40A(2) Application of the Acts Interpretation Act 1901
Disregard effect of Migration Act 1958 on contract validity
40B Effect of the Migration Act 1958
Must regard the road transport objective when performing functions and exercising powers.
40C Guide to this Part
Obligation to regard the road transport objective.
Expert Panel's responsibility to consider the road transport objective.
Must consider minimum standards for regulated road transport workers and employees
40D The road transport objective
40E Establishment of Road Transport Advisory Group
Establishment of Road Transport Advisory Group
40E(1) Establishment of Road Transport Advisory Group
Creates an obligation to establish a group
The Road Transport Advisory Group must advise the FWC on matters related to the road transport industry.
40E(2) Establishment of Road Transport Advisory Group
Consultation requirement before advising FWC on a matter.
40E(3) Establishment of Road Transport Advisory Group
...any relevant subcommittee established under section 40G.
Temporal interval for consultation requirement
(3) Before advising the FWC in relation to a matter, the Road Transport Advisory Group must consult...
Consultation requirement implies advising FWC on a matter
The Road Transport Advisory Group must consult any relevant subcommittee...
Consultation requirement requires expertise in road transport advisory group
The Road Transport Advisory Group must consult...
Consultation requirement spreads to other advisory groups
The President must consult with the Road Transport Advisory Group.
40E(4) Establishment of Road Transport Advisory Group
40F Membership of Road Transport Advisory Group
The Minister must appoint members to the Road Transport Advisory Group.
40F(1) Membership of Road Transport Advisory Group
Ensure membership of Road Transport Advisory Group consists of specified persons.
40F(2) Membership of Road Transport Advisory Group
Membership consists of specified persons.
40G Road Transport Advisory Group subcommittees
Establish subcommittees to advise the Road Transport Advisory Group.
40G(1) Road Transport Advisory Group subcommittees
A subcommittee must be chaired by a member.
40G(2) Road Transport Advisory Group subcommittees
There exists a time interval where the chairperson is a member of the Road Transport Advisory Group
Chairing a subcommittee implies being part of the Road Transport Advisory Group at some point
(2) A subcommittee may include persons who are not members of the Road Transport Advisory Group, but a subcommittee must be chaired by a member.
If a subcommittee is chaired by a member, then that member is a member of the Road Transport Advisory Group
Chairing a subcommittee implies membership in the Road Transport Advisory Group
Establish a subcommittee with majority owner drivers or representatives
40G(3) Road Transport Advisory Group subcommittees
41 Guide to this Part
42 Meanings of employee and employer
Main terms and conditions of employment provided under this Act
43 Terms and conditions of employment provided under this Act
Employer must not contravene National Employment Standards.
44 Contravening the National Employment Standards
Prohibition of contravening the National Employment Standards.
Prohibition on contravening a modern award term
45 Contravening a modern award
Forbids contravention of a modern award term
46 The significance of a modern award applying to a person
A modern award imposes obligations on a person unless the award applies to the person.
46(1) The significance of a modern award applying to a person
The applicability of a modern award to a person overlaps with the obligation imposed by the award.
(A) Modern award does not impose obligations on a person, and (B) Person does not contravene a term of a modern award.
A modern award may not impose obligations on a person unless the award applies to the person.
If the applicability of a modern award to a person overlaps with the obligation imposed by the award, then the award imposes obligations on the person.
The obligation imposed by a modern award is until the applicability of the award to the person.
Award must apply to a person for entitlement
46(2) The significance of a modern award applying to a person
If the award applies, then the person has an entitlement
Award application is necessary for entitlement
(2) A modern award does not give a person an entitlement unless the award applies to the person.
The award allows the person to have an entitlement if it applies
Award application is permissive for entitlement
The award does not allow the person to have an entitlement if it does not apply
Award application is prohibited for entitlement
The award gives the person a right to have an entitlement if it applies
Award application is a right for entitlement
The award undertakes to give the person an entitlement if it applies
Award application is an undertaking for entitlement
47 When a modern award applies to an employer, employee,
A modern award applies to an employee, employer, organisation or outworker entity if certain conditions are met.
47(1) When a modern award applies to an employer, employee,
(a) the modern award covers the employee, employer, organisation or outworker entity; and (b) the modern award is in operation; and (c) no other provision of this Act provides, or has the effect, that the modern award does not apply to the employee, employer, organisation or outworker entity.
Modern awards do not apply to high income employees.
47(2) When a modern award applies to an employer, employee,
Modern award does not apply to employee at a time when the employee is a high income employee.
Prohibits modern awards from applying to high income employees.
Modern award applies to employees in relation to particular employment
A reference to a modern award applying to an employee is a reference to the award applying to the employee in relation to particular employment.
47(3) When a modern award applies to an employer, employee,
48 When a modern award covers an employer, employee,
A modern award covers an employee, employer, organisation or outworker entity if the award is expressed to cover the employee, employer, organisation or outworker entity.
48(1) When a modern award covers an employer, employee,
(award is expressed to cover the employee, employer, organisation or outworker entity)
A modern award covers an employee, employer, organisation or outworker entity if certain conditions are met.
48(2) When a modern award covers an employer, employee,
Award covers employee, employer, organisation or outworker entity if temporal interval of provision is met
Temporal interval of provision of Act or Registered Organisations Act
Award covers employee, employer, organisation or outworker entity
Award covers employee, employer, organisation or outworker entity if provision of Act is met
Provision of Act or Registered Organisations Act
Award covers employee, employer, organisation or outworker entity if FWC order is met
Award covers employee, employer, organisation or outworker entity if court order is met
Award covers employee, employer, organisation or outworker entity if ordered trace of FWC order is met
48(3) When a modern award covers an employer, employee,
A modern award that has ceased to operate does not cover an employee, employer, organisation or outworker entity.
48(4) When a modern award covers an employer, employee,
49 When a modern award is in operation
Modern award commences on a specific date
49(1) When a modern award is in operation
The FWC must specify a day for the modern award to come into operation unless it is satisfied that another day is appropriate.
49(2) When a modern award is in operation
Cannot be earlier than the day of modern award making
49(3) When a modern award is in operation
Determination revoking a modern award comes into operation on the specified day.
49(4) When a modern award is in operation
Must not be earlier than the day of determination
49(5) When a modern award is in operation
Modern award takes effect on first full pay period after operation day
49(6) When a modern award is in operation
(start of the employee’s first full pay period that starts on or after the day the award or determination comes into operation.)
Modern award takes effect during first full pay period after operation day
(6) A modern award, or a determination revoking a modern award, does not take effect in relation to a particular employee until the Terms and conditions of employment Chapter 2 Core provisions for this Chapter Division 2 Section 50 Fair Work Act 2009
Modern award continues in operation until revoked.
49(7) When a modern award is in operation
The modern award operates during the period before revocation.
Temporal relationship between modern award and revocation
(7) A modern award continues in operation until it is revoked.
The continued operation of the modern award implies certain employment terms.
Implication of modern award continuation on employment terms
AI systems recognize the continued operation of the modern award as a certain employment term.
Recognition of modern award continuation by AI systems
The modern award must continue in operation until revoked.
Obligation to maintain modern award in operation
The continued operation of the modern award diffuses certain employment terms.
Diffuse implications of modern award continuation on employment terms
Cannot specify a day before the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 receives Royal Assent.
5 Section 5
5 Terms and conditions of employment (Chapter 2)
Employment terms and conditions for national system employees.
5(1) Terms and conditions of employment (Chapter 2)
5(2) Terms and conditions of employment (Chapter 2)
Obligation to comply with main terms and conditions
Minimum terms and conditions for national system employees
5(3) Terms and conditions of employment (Chapter 2)
National Employment Standards apply to all national system employees.
Modern awards provide additional minimum terms and conditions for national system employees.
5(4) Terms and conditions of employment (Chapter 2)
A modern award can have terms that are ancillary or supplementary to the National Employment Standards.
Modern awards apply during the term of employment.
A modern award provides additional minimum terms and conditions for those national system employees to whom it applies.
Modern awards define minimum terms and conditions for national system employees.
A modern award is made for a particular industry or occupation and provides additional minimum terms and conditions.
Defines a modern award as part of the National Employment Standards.
Modern awards imply additional minimum terms and conditions for national system employees.
Modern awards assert the existence of additional minimum terms and conditions.
Enterprise agreement terms and conditions
5(5) Terms and conditions of employment (Chapter 2)
Prohibition on specifying a day before the Act receives Royal Assent.
Prohibition on contravening an enterprise agreement term
50 Contravening an enterprise agreement
Forbids contravention of enterprise agreement terms
51 The significance of an enterprise agreement applying to a person
An enterprise agreement does not impose obligations on a person unless the agreement applies to the person.
51(1) The significance of an enterprise agreement applying to a person
The obligation imposed by an enterprise agreement commences when the agreement applies to a person.
Temporal inclusion of obligation commencement
An enterprise agreement commences when it applies to a person.
A person is not obligated by an enterprise agreement unless the agreement applies to the person.
An enterprise agreement does not impose obligations on a person.
A person is obligated by an enterprise agreement if and only if the agreement applies to the person.
Equivalence of obligation and applicability
A person is not obligated by an enterprise agreement if and only if the agreement does not apply to the person.
An enterprise agreement does not apply to a person unless the agreement imposes obligations on the person.
If an enterprise agreement does not impose obligations on a person, then the agreement does not apply to the person.
Implication of obligation and applicability
An enterprise agreement does not give a person an entitlement unless the agreement applies to the person.
51(2) The significance of an enterprise agreement applying to a person
Enterprise agreement applies to employee, employer or organisation if it is in operation and covers the relevant party.
52 When an enterprise agreement applies to an employer, employee
(a) the agreement is in operation; (b) the agreement covers the employee, employer or organisation
The enterprise agreement is in operation and covers the employee, employer or organisation
53 When an enterprise agreement covers an employer, employee or
An enterprise agreement covers an employee or employer if the agreement is expressed to cover (however described) the employee or the employer.
53(1) When an enterprise agreement covers an employer, employee or
Enterprise agreement covers an employee or employer
(1) An enterprise agreement covers an employee or employer if the agreement is expressed to cover (however described) the employee or the employer.
Employee organisations are covered by the enterprise agreement
Enterprise agreement covers an employee organisation
53(2) When an enterprise agreement covers an employer, employee or
An enterprise agreement also covers an employee, employer or organisation if any of the following provides, or has the effect, that the agreement covers the employee, employer or organisation.
53(3) When an enterprise agreement covers an employer, employee or
Enterprise agreements do not cover employees, employers, or organisations if another provision of this Act, an FWC order under another provision of this Act, or a court order applies.
53(4) When an enterprise agreement covers an employer, employee or
Enterprise agreements cease to cover employees after operation ends.
53(5) When an enterprise agreement covers an employer, employee or
The operation cessation of an enterprise agreement overlaps with its termination.
Enterprise agreements terminate at the time of operation cessation.
(5) Despite subsections (1), (2) and (3), an enterprise agreement that has ceased to operate does not cover an employee, employer or employee organisation.
CogAI recognises the termination of an enterprise agreement at the time of its operation cessation.
CogAI recognises the termination of enterprise agreements upon operation end.
An enterprise agreement ceases to cover employees after it has ceased to operate.
Prohibits enterprise agreements from covering employees after operation ends.
The diffusion of an enterprise agreement's coverage ends at the time of its operation cessation.
Enterprise agreements diffuse their coverage to employees upon operation end.
The termination of an enterprise agreement is recurring at the time of operation cessation.
Enterprise agreements terminate at the time of operation cessation in a recurring manner.
A reference to an enterprise agreement covering an employee is a reference to the agreement covering the employee in relation to particular employment.
53(6) When an enterprise agreement covers an employer, employee or
54 When an enterprise agreement is in operation
54(1) When an enterprise agreement is in operation
Enterprise agreement ceases operation on specified days
54(2) When an enterprise agreement is in operation
Prohibits termination of enterprise agreement
(2) An enterprise agreement ceases to operate...
55 Interaction between the National Employment Standards and a
Cannot exclude National Employment Standards
55(1) Interaction between the National Employment Standards and a
Modern awards and enterprise agreements may include certain terms.
55(2) Interaction between the National Employment Standards and a
Terms of a modern award or enterprise agreement override National Employment Standards.
55(3) Interaction between the National Employment Standards and a
Terms of the modern award or enterprise agreement override National Employment Standards.
Temporal interval for compliance with terms of a modern award or enterprise agreement
Obligation to comply with terms of a modern award or enterprise agreement
Prohibition on overriding terms of a modern award or enterprise agreement
Terms of a modern award or enterprise agreement that contravene section 55 have no effect.
56 Terms of a modern award or enterprise agreement contravening
Prohibits terms of a modern award or enterprise agreement that contravene section 55.
57 Interaction between modern awards and enterprise agreements
A modern award does not apply to an employee in relation to particular employment at a time when an enterprise agreement applies.
57(1) Interaction between modern awards and enterprise agreements
If an enterprise agreement applies, then a modern award does not apply.
Award does not apply to employer or employee organisation if modern award does not apply to employee.
57(2) Interaction between modern awards and enterprise agreements
(modern award does not apply to employee) -> (award does not apply to employer or employee organisation)
57A Designated outworker terms of a modern award continue to
Enterprise agreement and modern award conditions apply.
57A(1) Designated outworker terms of a modern award continue to
(a) an enterprise agreement applies to an employer; and (b) a modern award covers the employer...
Modern award includes designated outworker terms
(c) the modern award includes one or more designated outworker terms.
Designated outworker terms of a modern award continue to apply.
57A(2) Designated outworker terms of a modern award continue to
The term applies during the specified time period.
Term applies during specified time period
(2) Despite section 57, the designated outworker terms of the modern award apply at that time to the following:
The designated outworker terms continue to apply.
(2) Despite section 57, the designated outworker terms of the modern award apply at that time.
The term propagates to the employees and employer organizations.
Term propagates to employees and employer organizations
Designated outworker terms of a modern award can apply to an employer under subsection (2) even if none of the employees of the employer is an outworker.
57A(3) Designated outworker terms of a modern award continue to
The text describes a temporal interval: the extent to which designated outworker terms of a modern award apply to an employer.
The text describes a cognitive process: the interpretation of the designated outworker terms.
The designated outworker terms of a modern award apply to the employer, employee or organisation.
The text describes a diffusion of obligations: the employer, employee or organisation must comply with the designated outworker terms.
The text describes an ordered or recurring trace: the interaction between one or more enterprise agreements.
Subdivision C—Interaction between one or more enterprise agreements
58 Only one enterprise agreement can apply to an employee
Only one enterprise agreement can apply to an employee at a particular time.
58(1) Only one enterprise agreement can apply to an employee
Only one enterprise agreement can apply to an employee.
Cannot apply later agreement until earlier one expires
58(2) Only one enterprise agreement can apply to an employee
Later agreement cannot apply until earlier one expires
Temporal interval for earlier agreement's expiry date
Earlier agreement has not passed its nominal expiry date
Employers must comply with National Employment Standards.
59 Guide to this Part
6 Section 6
6 Rights and responsibilities of employees, employers, organisations
Rights and responsibilities of national system employees, employers, organisations
6(1) Rights and responsibilities of employees, employers, organisations
Has right to rights and responsibilities
Protects workplace rights, freedom of association and involvement in lawful industrial activities, and other protections.
6(2) Rights and responsibilities of employees, employers, organisations
Part 3-1 overlaps with other provisions that provide general workplace protections.
The provision overlaps with other provisions that provide general workplace protections.
(2) Part 3-1 provides general workplace protections.
Part 3-1 protects freedom of association and involvement in lawful industrial activities.
The provision holds a right to freedom of association and involvement in lawful industrial activities.
The provision holds a right to other protections.
The provision holds a right to protection from discrimination.
Grants remedies for unfair dismissal of national system employees
6(3) Rights and responsibilities of employees, employers, organisations
No action lies under any law in force in a State or Territory in relation to protected industrial action except in certain circumstances.
6(4) Rights and responsibilities of employees, employers, organisations
Comply with requirements set out in Part 3-4 when exercising rights
6(5) Rights and responsibilities of employees, employers, organisations
Employer can stand down employee without pay in certain circumstances.
6(6) Rights and responsibilities of employees, employers, organisations
Part 3-5A prohibits sexual harassment of workers and others.
6(6A) Rights and responsibilities of employees, employers, organisations
Employees have a right to termination pay and payslips.
6(7) Rights and responsibilities of employees, employers, organisations
Part 3-7 deals with offences in relation to corrupting benefits.
6(8) Rights and responsibilities of employees, employers, organisations
60 Meanings of employee and employer
61 The National Employment Standards are minimum standards
Sets minimum standards for employment that cannot be displaced
61(1) The National Employment Standards are minimum standards
List of matters covered by the National Employment Standards
61(2) The National Employment Standards are minimum standards
Divisions 3 to 12 constitute the National Employment Standards.
61(3) The National Employment Standards are minimum standards
Division constitutes the National Employment Standards.
62 Maximum weekly hours
62(1) Maximum weekly hours
Temporal overlap between work hours and maximum weekly hours
(a) for a full-time employee—38 hours; or (b) for an employee who is not a full-time employee—the lesser of:...
Employee's refusal to work unreasonable additional hours implies prohibition of excessive work hours
Employee may refuse to work unreasonable additional hours
Employee may refuse additional hours beyond reasonable limits.
62(2) Maximum weekly hours
Employee health and safety, personal circumstances, workplace needs, and compensation must be considered when determining reasonable additional hours.
62(3) Maximum weekly hours
63 Modern awards and enterprise agreements may provide for
Maximum weekly hours for full-time and non-full-time employees
63(1) Modern awards and enterprise agreements may provide for
Exceeding maximum weekly hours is prohibited
Allowing for average weekly hours exceeding the standard if reasonable
63(2) Modern awards and enterprise agreements may provide for
Permits exceeding standard hours under certain conditions
64 Averaging of hours of work for award/agreement free employees
Employer and employee may agree on averaging arrangement for award/agreement free employees.
64(1) Averaging of hours of work for award/agreement free employees
Allowing for average weekly hours exceeding the standard hours if reasonable
64(2) Averaging of hours of work for award/agreement free employees
Permitting averaging arrangements with excess hours
65 Requests for flexible working arrangements
Employees may request flexible working arrangements under certain circumstances.
65(1) Requests for flexible working arrangements
Request for change in working arrangements overlaps with circumstances
Permission to change working arrangements
Employee requests flexible working arrangement
Flexible working arrangements for specified circumstances
65(1A) Requests for flexible working arrangements
Temporal overlap between circumstances and flexible working arrangements
(aa) the employee is pregnant; (a) the employee is the parent, or has responsibility for the care, of a child who is of school age or younger;
Employee must provide flexible working arrangements for specified circumstances
Diffusion of flexible working arrangements to employees with disabilities
Recurring flexible working arrangements for employees experiencing family and domestic violence
(e) the employee provides care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because the member is experiencing family and domestic violence;
Request for part-time work to care for a child
65(1B) Requests for flexible working arrangements
An employee may request to work part-time...
(1B) To avoid doubt, and without limiting subsection (1)
Request for flexible working arrangements requires minimum service period or regular casual employment
65(2) Requests for flexible working arrangements
This condition applies to the request for flexible working arrangements
Employee must have completed at least 12 months of continuous service or be employed on a regular casual basis during a period of at least 12 months
Employee has completed at least 12 months of continuous service or is employed on a regular casual basis during a period of at least 12 months
Request for flexible working arrangements is only allowed under these conditions
Requires employee to meet certain conditions before making a request
Employee must have completed at least 12 months of continuous service or be a regular casual employee with a reasonable expectation of continuing employment
Employer must not allow requests for flexible working arrangements unless employee meets these conditions
Employee has completed at least 12 months of continuous service or is a regular casual employee with a reasonable expectation of continuing employment
Employee must meet both conditions before making a request for flexible working arrangements
Employee's regular casual employment period is taken as continuous service.
65(2A) Requests for flexible working arrangements
Details of the change sought and reasons for the change
Request for flexible working arrangements must be in writing and set out details of the change sought.
65(3) Requests for flexible working arrangements
Obligation to provide details in writing
Employer must respond to employee's request for flexible working arrangements within 21 days.
65A Responding to requests for flexible working arrangements
65B Disputes about the operation of this Division
Employer must respond to employee's request for change in working arrangements within 21 days.
65B(1) Disputes about the operation of this Division
Employer has a duty to respond to employee's request.
Parties must attempt to resolve disputes at the workplace level.
65B(2) Disputes about the operation of this Division
Refer dispute to FWC if discussions at workplace level do not resolve it.
65B(3) Disputes about the operation of this Division
Discussion at workplace level does not resolve dispute
FWC must deal with dispute by means other than arbitration unless exceptional circumstances.
65B(4) Disputes about the operation of this Division
Obligation to deal with dispute by means other than arbitration.
FWC is an agent that must deal with disputes.
Permission for FWC to permit representation by lawyer or paid agent in a matter before the FWC.
65B(5) Disputes about the operation of this Division
FWC may deal with dispute by arbitration if employer has not responded to employee's request.
65C Arbitration
Employer must respond to employee's request.
Exclusion of State and Territory laws on employee entitlements
66 State and Territory laws that are not excluded
to the exclusion of laws of a State or Territory
66A Division applies to casual employees etc.
Written response with specified information
Employer must respond to employee notification within 21 days. Division applies in relation to casual employees.
66A(1) Division applies to casual employees etc.
Response including statement of acceptance or rejection
Employer must respond in writing to notification Employee must notify employer of change in employment status within 6 months.
66A(2) Division applies to casual employees etc.
Employee is taken for purposes of Chapter 2 Terms and conditions of employment
66K Effect of change
66L Other rights and obligations
Employer cannot reduce or vary employee's hours of work, change pattern of work, or terminate employment.
66L(1) Other rights and obligations
...reduce or vary an employee’s hours of work;
(1) An employer must not do any of the following...
No requirement or permission to change employment status.
66L(2) Other rights and obligations
(b) permits an employer to require an employee to change to full-time employment or part-time employment under this Division;
Notification and response requirements for workplace rights
66L(3) Other rights and obligations
Requires notification and response from employer
(3) To avoid doubt, each of the following is a workplace right within the meaning of Part 3-1:
Requires response from employer in accordance with section 66AAC
(b) receiving a response from an employer in accordance with section 66AAC;
Requires being taken to be full-time or part-time employee under section 66AAD
(c) being taken to be a full-time employee or part-time employee under section 66AAD;
Requires receiving offer or notice in accordance with sections 66B and 66C
(d) receiving an offer or notice in accordance with sections 66B and 66C;
Requires accepting offer and receiving notice under section 66E
(e) accepting an offer and receiving a notice under section 66E;
66M Disputes about the operation of this Division
Applicable to disputes between employer and employee about operation of Subdivision B.
66M(1) Disputes about the operation of this Division
Parties must attempt to resolve disputes at the workplace level through discussions.
66M(4) Disputes about the operation of this Division
Term has no effect if it contravenes section 55
A term of a modern award or an enterprise agreement has no effect to the extent it contravenes section 55
The FWC may deal with disputes that cannot be resolved at the workplace level
Party must refer dispute to FWC if discussions at workplace level do not resolve it.
66M(5) Disputes about the operation of this Division
The temporal interval for when the obligation applies is after discussions at workplace level have failed to resolve the dispute
Temporal interval for when the obligation applies
The obligation applies when discussions at workplace level do not resolve the dispute
The definition of 'party' supports the obligation
Definition of 'party' used in obligation
Party is defined as an entity that can be a party to the dispute
The definition of 'dispute' supports the obligation
Definition of 'dispute' used in obligation
Dispute is defined as a disagreement between parties
The temporal logic for when the obligation applies is that it must apply after discussions at workplace level have failed to resolve the dispute
Temporal logic for when the obligation applies
66M(6) Disputes about the operation of this Division
66MA Arbitration
FWC may deal with dispute by arbitration, including making orders it considers appropriate.
66MA(1) Arbitration
FWC cannot make an order under this section unless it considers fair and reasonable.
66MA(2) Arbitration
Prohibition of making an order under this section.
FWC must not make an order inconsistent with a provision of this Act or a term of a fair work instrument.
66MA(3) Arbitration
Employee must be treated as full-time or part-time employee from first day of next pay period.
66MA(4) Arbitration
Obligation to treat employee as full-time or part-time
FWC must consider substantial changes to employee terms and conditions when making an order under subsection (1)
66MA(5) Arbitration
FWC must consider substantial changes to employee terms and conditions
67 General rule—employee must have completed at least 12 months
Employee must have completed at least 12 months of continuous service to be entitled to leave.
67(1) General rule—employee must have completed at least 12 months
Employee must have completed at least 12 months of continuous service.
Employee must have completed at least 12 months of employment.
67(1A) General rule—employee must have completed at least 12 months
Employee must have completed at least 12 months to be entitled to leave.
67(2) General rule—employee must have completed at least 12 months
Employee must have completed at least 12 months.
Eligibility for adoption-related leave based on child's age and residency.
68 General rule for adoption-related leave—child must be under 16
has not lived continuously with employee for a period of 6 months as at day of placement or expected day of placement
Child must meet both conditions to be eligible
(a) is, or will be, under 16 as at the day of placement, or the expected day of placement, of the child; and (b) has not, or will not have, lived continuously with the employee for a period of 6 months or more as at the day of placement, or the expected day of placement, of the child;
Child cannot be employee's child or spouse/partner
is not (otherwise than because of the adoption) a child of the employee or the employee’s spouse or de facto partner.
Employee's eligibility for leave is tied to these conditions
An employee is not entitled to adoption-related leave unless the child that is, or is to be, placed with the employee for adoption: ...
69 Transfer of employment situations in which employee is entitled
Employee entitled to continue leave period upon transfer of employment.
69(1) Transfer of employment situations in which employee is entitled
the employee is entitled to continue on that leave for the rest of that period.
Leave period overlaps with new employment.
(b) the employee has already started a period of leave under this Division when the employee’s employment with the first employer ends;
the employee’s employment with the first employer ends;
Employee situation recognized upon transfer of employment.
(a) there is a transfer of employment in relation to an employee;
Employee has a right to continue leave period.
(1) If there is a transfer of employment in relation to an employee; and the employee has already started a period of leave under this Division when the employee’s employment with the first employer ends;
Leave period diffuses into new employment.
Employee situation recurrent upon transfer of employment.
Employee's step in relation to first employer is transferred to second employer.
69(2) Transfer of employment situations in which employee is entitled
the employee's step in relation to the first employer is transferred to the second employer.
(b) the employee has, in relation to the first employer, already taken a step that is required or permitted by a provision of this Division in relation to taking a period of leave;
the employee's step in relation to the first employer is not transferred to the second employer.
the employee is taken to have taken the step in relation to the second employer.
6A Rights and responsibilities of regulated workers, regulated
Rights and responsibilities of regulated workers and businesses.
6A(1) Rights and responsibilities of regulated workers, regulated
...of certain regulated workers who perform work under services contracts...
(1) Chapter 3A sets out rights and responsibilities...
Regulated workers have core provisions for compliance and interaction issues.
6A(2) Rights and responsibilities of regulated workers, regulated
Regulated workers have minimum standards orders and guidelines.
6A(3) Rights and responsibilities of regulated workers, regulated
Regulated workers must comply with minimum standards.
Granting of remedies for unfair termination and deactivation of regulated workers
6A(4) Rights and responsibilities of regulated workers, regulated
Regulated workers have a right to remedies for unfair termination and deactivation
6A(5) Rights and responsibilities of regulated workers, regulated
Rights and responsibilities of regulated workers, regulated
6A(6) Rights and responsibilities of regulated workers, regulated
6B Rights and responsibilities of persons in a road transport
Rights and responsibilities of persons in a road transport contractual chain.
6B(1) Rights and responsibilities of persons in a road transport
Rights and responsibilities of persons in a road transport
6B(2) Rights and responsibilities of persons in a road transport
Part 3B-1 has the core provisions for the Chapter.
Has right to comply with road transport contractual chain orders
(2) Part 3B-1 has the core provisions for the Chapter.
Part 3B-2 is about road transport contractual chain orders and guidelines.
6B(3) Rights and responsibilities of persons in a road transport
7 April 2009
7 Compliance and enforcement (Chapter 4)
Chapter 4 provides for compliance with this Act.
7(1) Compliance and enforcement (Chapter 4)
Imposes obligations on certain persons for contraventions of civil remedy provisions.
7(2) Compliance and enforcement (Chapter 4)
Court jurisdiction and powers in relation to matters arising under the Act.
7(3) Compliance and enforcement (Chapter 4)
The court has jurisdiction over matters arising under the Act during its period.
Court jurisdiction and powers during the period of the Act.
Part 4-2 is about the jurisdiction and powers of the courts in relation to matters arising under this Act.
The court classifies matters arising under the Act.
Court classification of matters arising under the Act.
The court has jurisdiction over matters arising under the Act.
Court has jurisdiction over matters arising under the Act.
The court has an influence on matters arising under the Act.
Court influence on matters arising under the Act.
70 Entitlement to unpaid parental leave
71 The period of leave
Employee must take leave in single continuous period
71(1) The period of leave
Employee must take leave in a single continuous period.
71(2) The period of leave
Employee is entitled to leave for birth-related purposes.
71(3) The period of leave
Employee has an obligation to take leave for birth-related purposes.
The period of leave must start and end during the 24-month period starting on the date of birth of the child.
71(4) The period of leave
The period of leave must start and end during the 24-month period starting on the day of placement of the child.
71(5) The period of leave
Employee may take unpaid parental leave under this section if the period of leave is no longer than 12 months, less the employee’s notional flexible period.
71(6) The period of leave
...the period of leave is no longer than 12 months, less the employee’s notional flexible period.
The leave period must be within a certain time frame
(6) The employee may take unpaid parental leave under this section only if...
The system can infer the conditions for the permission
Permission to take unpaid parental leave
The permission can be propagated to others
72A Flexible unpaid parental leave
Employee has an obligation to take up to 100 days of flexible unpaid parental leave.
72A(1) Flexible unpaid parental leave
Flexible unpaid parental leave is available to employees.
72A(2) Flexible unpaid parental leave
Employer must provide flexible unpaid parental leave.
Employee must take flexible unpaid parental leave before expected birth date if requirements are met.
72A(2A) Flexible unpaid parental leave
Flexible unpaid parental leave available to pregnant part-time and casual employees.
72A(2B) Flexible unpaid parental leave
Employee has right to flexible unpaid parental leave.
Reduction of flexible unpaid parental leave entitlement
72A(2C) Flexible unpaid parental leave
Employee must take flexible unpaid parental leave
72A(3) Flexible unpaid parental leave
Obligation to take flexible unpaid parental leave
Flexible unpaid parental leave may be taken regardless of prior leave under another provision.
72A(4) Flexible unpaid parental leave
Permits flexible unpaid parental leave regardless of prior leave.
Employee must take flexible unpaid parental leave after exceeding a certain period of unpaid parental leave.
72A(5) Flexible unpaid parental leave
The time period for flexible unpaid parental leave is between 12 months and the employee’s notional flexible period.
Time period for flexible unpaid parental leave
The total of those periods (disregarding any extension under section 76A) is no longer than 12 months, less the employee’s notional flexible period.
The employee’s notional flexible period is a type of leave that must be taken into account.
Less the employee’s notional flexible period.
Employee has taken one or more periods of unpaid parental leave under another provision.
Employee's notional flexible period is the period during which the employee would be on flexible unpaid parental leave if the employee took leave for all the employee's flexible days in a single continuous period.
72A(6) Flexible unpaid parental leave
73 Pregnant employee may be required to take unpaid parental
Employer may ask employee to provide medical certificate
73(1) Pregnant employee may be required to take unpaid parental
Employer may require employee to take unpaid parental leave if certain conditions are met.
73(2) Pregnant employee may be required to take unpaid parental
Employer may require employee to take unpaid parental leave
Employer is prohibited from requiring employee to take unpaid parental leave without proper certification.
Employee does not give employer requested certificate within 7 days
The provision applies to employees who give employer medical certificate stating fit for work but not advisable to continue in present position
Employer is permitted to require employee to take unpaid parental leave if certain conditions are met.
Employee gives employer medical certificate stating fit for work but not advisable to continue in present position
The provision does not apply to employees who give employer medical certificate stating fit for work but not advisable to continue in present position and have complied with notice and evidence requirements of section 74
Employer is prohibited from requiring employee to take unpaid parental leave if certain conditions are met.
Employee gives employer medical certificate stating fit for work but not advisable to continue in present position and has complied with notice and evidence requirements of section 74
The provision applies to employees who have not complied with notice and evidence requirements of section 74
The provision requires an employee to take unpaid parental leave if certain conditions are met.
Employee has not complied with notice and evidence requirements of section 74 for taking unpaid parental leave
74 Notice and evidence requirements
Employee must provide written notice to employer before taking unpaid parental leave.
74(1) Notice and evidence requirements
Employee must provide notice to employer at least 10 weeks before starting leave.
74(2) Notice and evidence requirements
Employer's agreement allows for notice to be given at a later time.
74(2A) Notice and evidence requirements
Notice must specify start and end dates of leave under section 71.
74(3) Notice and evidence requirements
Notice must specify total number of flexible unpaid parental leave days.
Employee must specify total number of flexible unpaid parental leave days in notice.
74(3C) Notice and evidence requirements
Must provide notice with specified leave days.
Employee may reduce or increase flexible days under certain conditions.
74(3D) Notice and evidence requirements
Employee must provide notice of leave under section 71
74(4) Notice and evidence requirements
75 Extending period of unpaid parental leave—extending to use
Employee must give notice of taking unpaid parental leave
75(1) Extending period of unpaid parental leave—extending to use
Employee's available parental leave period is 12 months, less certain periods.
75(2) Extending period of unpaid parental leave—extending to use
76 Extending period of unpaid parental leave—extending for up to
Request for extension of unpaid parental leave
76(1) Extending period of unpaid parental leave—extending for up to
Employer must receive written request for extension of unpaid parental leave at least 4 weeks before the end of the available period.
76(2) Extending period of unpaid parental leave—extending for up to
Employer must comply with written request
Employee cannot extend unpaid parental leave beyond 24 months.
76(7) Extending period of unpaid parental leave—extending for up to
Prohibits extending unpaid parental leave beyond 24 months.
76A Responding to requests for extension of unpaid parental leave
Employer must respond to employee's request for extension of unpaid parental leave within 21 days.
76A(1) Responding to requests for extension of unpaid parental leave
Employer has a duty to respond within 21 days.
Employer must respond to request for extension of unpaid parental leave with specified information.
76A(2) Responding to requests for extension of unpaid parental leave
Employer has a duty to respond with specified information.
Employer must discuss request with employee before refusing.
76A(3) Responding to requests for extension of unpaid parental leave
Employer has a duty to discuss request with employee.
76B Disputes about extension of period of unpaid parental leave
76B(1) Disputes about extension of period of unpaid parental leave
76B(2) Disputes about extension of period of unpaid parental leave
76B(3) Disputes about extension of period of unpaid parental leave
Dispute is contained within the temporal interval for referring it to FWC
Temporal interval for referring dispute to FWC
Party must refer dispute to FWC within a certain timeframe
Referral to FWC implies resolution of dispute
76B(4) Disputes about extension of period of unpaid parental leave
76B(5) Disputes about extension of period of unpaid parental leave
Employer must respond to employee's request under section 76A.
76C Arbitration
Employee may reduce period of unpaid parental leave with employer's agreement.
77 Reducing period of unpaid parental leave
77A Effect of stillbirth or death of child on unpaid parental leave
Employee entitled to unpaid parental leave despite stillbirth of child.
77A(1) Effect of stillbirth or death of child on unpaid parental leave
then the employee is taken to be entitled to the unpaid parental leave
Stillbirth does not interrupt the start of unpaid parental leave.
(1) If a child is stillborn; and (b) an employee would have been entitled to unpaid parental leave that is birth-related leave, if the child had been born alive;
Stillbirth recognized as a factor in determining unpaid parental leave entitlement.
Employee has an obligation to receive unpaid parental leave.
Stillbirth does not diffuse into other employees' unpaid parental leave entitlements.
Stillbirth does not interrupt the repetition of unpaid parental leave.
77A(2) Effect of stillbirth or death of child on unpaid parental leave
Stillborn child has gestation period >= 20 weeks
Employee must provide notice after stillbirth or death of child
77A(3) Effect of stillbirth or death of child on unpaid parental leave
Employee must provide unpaid parental leave if child dies within 24 months of birth.
77A(4) Effect of stillbirth or death of child on unpaid parental leave
Obligation to provide unpaid parental leave
78 Employee who ceases to have responsibility for care of child
Employee must provide care for child after parental leave ends
78(1) Employee who ceases to have responsibility for care of child
Temporal interval for parental leave and care responsibility overlap
(1) This section applies to an employee who has taken unpaid parental leave in relation to a child if the employee ceases to have any responsibility for the care of the child for a reason other than because the child:
Automated recognition of parental leave and care responsibility
Parental leave affects care responsibility diffusion
Parental leave and care responsibility repeat over time
(a) is stillborn; or (b) dies during the 24-month period starting on the child’s date of birth
Employer must give employee written notice requiring return to work on a specified day.
78(2) Employee who ceases to have responsibility for care of child
Employee must provide at least 4 weeks' notice before ceasing responsibility for child care.
78(3) Employee who ceases to have responsibility for care of child
Employee's entitlement ends immediately before specified day.
78(4) Employee who ceases to have responsibility for care of child
The employee's entitlement ends immediately before the specified day.
(4) The employee’s entitlement to unpaid parental leave...
78A Hospitalised children
Employee may agree to work during a child's hospitalization in exchange for parental leave.
78A(1) Hospitalised children
Employee work during child's hospitalization.
Temporal relationship between employee work and child's hospitalization.
Employee justification for working during child's hospitalization.
Rationale for employee agreement to work during child's hospitalization.
Section 74 of the taking of a period of unpaid parental leave.
Artificial intelligence analysis of employee agreement to work during child's hospitalization.
Employee agreement to work during child's hospitalization.
Employee obligation to work during child's hospitalization.
Employee agreement propagates through the organization.
Spread of information about employee agreement to work during child's hospitalization.
Employee and employer agreement on rules for unpaid parental leave
78A(2) Hospitalised children
Temporal relation between rules and leave
Employer and employee agreement on rules
79 Interaction with paid leave
Employee may take other paid leave while on unpaid parental leave without breaking continuity.
79(1) Interaction with paid leave
Taking other paid leave overlaps with unpaid parental leave
Subdivision does not prevent taking other paid leave
This Subdivision (except for subsections (2) and (3))
Prohibition on taking paid personal/carers leave while on unpaid parental leave
79(2) Interaction with paid leave
Compassionate leave must occur after unpaid parental leave
Defines temporal relationship between unpaid parental leave and compassionate leave
Unpaid parental leave ends before compassionate leave begins
Compassionate leave is permitted on certain occasions
Classifies compassionate leave as a type of leave
Prohibits taking paid personal/carers leave while on unpaid parental leave
Employee is taking unpaid parental leave
Compassionate leave is permitted on this occasion
Defines conditions for compassionate leave
Permissible occasion is the stillbirth or death of the child
Paid personal/carers leave must occur before or after unpaid parental leave
Defines temporal relationship between paid personal/carers leave and unpaid parental leave
Paid personal/carers leave cannot occur during unpaid parental leave
No payment under Division 8 for activities during unpaid parental leave
79(3) Interaction with paid leave
...in relation to activities the employee engages in while taking unpaid parental leave.
Describes temporal relationship between paid and unpaid leave
Describes recognition of obligation to pay under Division 8
Prohibits payment under Division 8 for activities during unpaid parental leave
(3) An employee is not entitled to any payment...
Describes spreading of obligation to pay under Division 8
Describes recurring relationship between paid and unpaid leave
79A Keeping in touch days
An employee can perform work for their employer on a keeping in touch day while taking unpaid parental leave without breaking the continuity of the leave.
79A(1) Keeping in touch days
Allows performance of work on a keeping in touch day
Employee must keep in touch with employment during leave period.
79A(2) Keeping in touch days
Obligation to keep in touch with employment
Taking paid leave or performing work on a keeping in touch day does not extend unpaid parental leave period.
79B Unpaid parental leave not extended by paid leave or keeping in
The unpaid parental leave period overlaps with these activities.
The taking of paid leave and the performance of work on a keeping in touch day overlap with the unpaid parental leave period.
Taking paid leave or performing work on a keeping in touch day.
Unpaid parental leave period is not extended.
If taking paid leave or performing work on a keeping in touch day, then unpaid parental leave period is not extended.
These activities diffuse into the unpaid parental leave period.
The taking of paid leave and the performance of work on a keeping in touch day diffuse into the unpaid parental leave period.
The unpaid parental leave period is not extended.
If taking paid leave or performing work on a keeping in touch day, then the unpaid parental leave period is not extended.
These activities repeat within the unpaid parental leave period.
The taking of paid leave and the performance of work on a keeping in touch day repeat within the unpaid parental leave period.
8 Administration (Chapter 5)
Establishes Fair Work Commission and Office of the Fair Work Ombudsman for administration of this Act.
8(1) Administration (Chapter 5)
Establishes and confers functions on the FWC.
8(2) Administration (Chapter 5)
Establishes and confers functions on the Fair Work Ombudsman.
8(3) Administration (Chapter 5)
80 Unpaid special parental leave
Entitlement to unpaid special parental leave under certain conditions.
80(1) Unpaid special parental leave
The section overlaps with section 67 regarding service length.
Employee must provide notice and evidence.
Employee has an obligation to take unpaid special parental leave.
Employee must give notice of taking unpaid special parental leave.
80(2) Unpaid special parental leave
81 Transfer to a safe job
evidence that the employee is fit for work
Employer must provide a safe job for pregnant employees.
81(1) Transfer to a safe job
Employer has an obligation to provide a safe job.
Must transfer employee to safe job if available.
81(2) Transfer to a safe job
...the employer must transfer the employee to that job for the risk period.
Obligation to transfer employee to safe job.
If there is an appropriate safe job available, then...
81(3) Transfer to a safe job
Pay employee for safe job at full rate of pay
81(4) Transfer to a safe job
81(5) Transfer to a safe job
the risk period ends when the pregnancy ends.
Risk period and pregnancy have a temporal relation.
(5) If the employee’s pregnancy ends before the end of the risk period,
End of risk period equals end of pregnancy.
Employer may require medical certificate as evidence.
81(6) Transfer to a safe job
81A Paid no safe job leave
Employee entitled to paid no safe job leave under certain conditions.
81A(1) Paid no safe job leave
The employee is entitled to paid no safe job leave.
Paid no safe job leave occurs during the risk period.
(1) If: ...; then the employee is entitled to paid no safe job leave for the risk period.
Employee has an obligation to take paid no safe job leave.
Paid no safe job leave diffuses to all employees.
Taking unpaid parental leave implies compliance with notice and evidence requirements.
(a) section 81 applies to a pregnant employee but there is no appropriate safe job available; (b) the employee is entitled to unpaid parental leave; (c) the employee has complied with the notice and evidence requirements of section 74 for taking unpaid parental leave;
Paid no safe job leave applies everywhere.
Employer must pay employee at base rate for ordinary hours worked during risk period.
81A(2) Paid no safe job leave
82 Employee on paid no safe job leave may be asked to provide a
Employer may ask employee to provide medical certificate stating fitness for work.
82(1) Employee on paid no safe job leave may be asked to provide a
Employee must provide certificate within 7 days or face unpaid leave
82(2) Employee on paid no safe job leave may be asked to provide a
Employer may require employee to take unpaid leave
Prohibits employee from taking unpaid leave without providing certificate
Employee must provide certificate within 7 days
Employee's entitlement ends when leave period starts
82(3) Employee on paid no safe job leave may be asked to provide a
Prohibits employee from continuing paid no safe job leave
Employee must provide information during paid no safe job leave.
82(4) Employee on paid no safe job leave may be asked to provide a
82A Unpaid no safe job leave
Employee entitled to unpaid no safe job leave if required by employer and evidence of pregnancy provided.
82A(1) Unpaid no safe job leave
Employee is entitled to unpaid no safe job leave.
Employee has an obligation to provide evidence of pregnancy.
Employer may require medical certificate as evidence for unpaid no safe job leave
82A(2) Unpaid no safe job leave
Employer obligation to provide medical certificate
Employer must inform employee about significant effects on pre-parental leave position.
83 Consultation with employee on unpaid parental leave
Employee entitled to return to pre-parental leave position or nearest available qualified position.
84 Return to work guarantee
Temporal interval of pre-parental leave period overlaps with temporal interval of employee's return to work.
Employee must return to pre-parental leave position.
Employee has obligation to return to pre-parental leave position.
Return to pre-parental leave position implies employee's obligation to return to work.
State diffuses property of being nearest available qualified position to employee.
Employee holds property of being nearest available qualified position.
Employer must notify replacement employee of temporary engagement.
84A Replacement employees
Employer has a duty to notify replacement employee
85 Unpaid pre-adoption leave
Employee entitled to up to 2 days of unpaid pre-adoption leave.
85(1) Unpaid pre-adoption leave
The leave can occur during certain times.
(1) An employee is entitled to up to 2 days of unpaid pre-adoption leave to attend any interviews or examinations required in order to obtain approval for the employee’s adoption of a child.
The employee has a right to unpaid pre-adoption leave.
Entitlement is also affected by section 68 (which deals with the age etc. of the adopted child).
The employee has an obligation to take unpaid pre-adoption leave.
The employee has permission to take unpaid pre-adoption leave.
Employee not entitled to unpaid pre-adoption leave if employer directs to take other form of leave.
85(2) Unpaid pre-adoption leave
Employee is not entitled to unpaid pre-adoption leave.
Employee can take unpaid pre-adoption leave in separate periods agreed upon by employee and employer.
85(3) Unpaid pre-adoption leave
Employee must provide notice to employer before taking unpaid pre-adoption leave.
85(4) Unpaid pre-adoption leave
Employer must be advised of leave period upon request.
85(5) Unpaid pre-adoption leave
Employer must be advised of leave period.
Employee must provide evidence of leave reason to employer.
85(6) Unpaid pre-adoption leave
Employee cannot take unpaid pre-adoption leave without complying with subsections (4) to (6).
85(7) Unpaid pre-adoption leave
Prohibits taking unpaid pre-adoption leave without compliance.
Division applies to employees other than casual employees
86 Division applies to employees other than casual employees
87 Entitlement to annual leave
87(1) Entitlement to annual leave
Employee entitlement to paid annual leave accrues progressively during a year of service.
87(2) Entitlement to annual leave
The paid annual leave accrues during the year of service.
Paid annual leave accrues progressively during a year of service.
The employee's ordinary hours of work, and accumulates from year to year.
The Fair Work Act 2009 has defined the entitlement to paid annual leave.
The Fair Work Act 2009 defines the entitlement to paid annual leave.
The National Employment Standards Chapter 2 The National Employment Standards Part 2-2 Annual leave Division 6 Section 88 Fair Work Act 2009
The employee accrues paid annual leave up to when the employment ends.
Employee has an obligation to accrue paid annual leave.
The employee's employment ends during what would otherwise have been a year of service.
Every year, the paid annual leave accumulates.
Paid annual leave accumulates from year to year.
The employee's employment ending during a year of service affects their accrued paid annual leave.
If an employee’s employment ends during what would otherwise have been a year of service, the employee accrues paid annual leave up to when the employment ends.
Employee qualifies for shiftworker annual leave entitlement if certain conditions are met.
87(3) Entitlement to annual leave
Qualifies for shiftworker annual leave entitlement
Employee has obligation to take annual leave
Employed in enterprise with continuously rostered shifts
Class of employees prescribed by regulations
Employee is a shiftworker if meets conditions
Prescribed by regulations as shiftworkers
Employee does not qualify for shiftworker annual leave entitlement if in a prescribed class.
87(4) Entitlement to annual leave
Describes a class for annual leave entitlement
87(5) Entitlement to annual leave
88 Taking paid annual leave
Employee may take paid annual leave for a period agreed upon with the employer.
88(1) Taking paid annual leave
Employer must agree to employee's request for paid annual leave
88(2) Taking paid annual leave
89 Employee not taken to be on paid annual leave at certain times
Employee not taken to be on paid annual leave on public holidays
89(1) Employee not taken to be on paid annual leave at certain times
Exclusion of public holiday days from paid annual leave
(1) If the period during which an employee takes paid annual leave includes a day or part-day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid annual leave on that public holiday.
Subclass relationship between public holidays and paid annual leave
Employee not taken to be on paid annual leave during other leave or absence periods.
89(2) Employee not taken to be on paid annual leave at certain times
(paid annual leave and that other leave or absence period overlap).
Overlap between employee's paid annual leave and other leave or absence periods.
(2) If the period during which an employee takes paid annual leave includes a period of any other leave (other than unpaid parental leave) under this Part, or a period of absence from employment under Division 8...
(paid annual leave is related to that other leave or absence period).
Relationship between employee's paid annual leave and other leave or absence periods.
(employee is taken not to be on paid annual leave for the period of that other leave or absence).
Exclusion of paid annual leave during other leave or absence periods.
(employee is not on paid annual leave for that period).
Subclass relationship between employee and paid annual leave.
(paid annual leave diffuses into that other leave or absence period).
Diffusion relationship between employee's paid annual leave and other leave or absence periods.
(paid annual leave occurs during that other leave or absence period).
Temporal relationship between employee's paid annual leave and other leave or absence periods.
9 Miscellaneous (Chapter 6)
Chapter 6 is a collection of miscellaneous matters.
9(1) Miscellaneous (Chapter 6)
Prevents certain applications if other remedies are available and prevents multiple applications or complaints in relation to the same conduct.
9(2) Miscellaneous (Chapter 6)
Dealing with disputes between national system employees and their employers.
9(3) Miscellaneous (Chapter 6)
Extends provisions of the National Employment Standards to employees not otherwise covered.
9(4) Miscellaneous (Chapter 6)
Transfer of employment terms and conditions
9(4A) Miscellaneous (Chapter 6)
Provisions for international agreements on termination of employment
9(5) Miscellaneous (Chapter 6)
Special provisions about TCF outworkers in Part 6-4A
9(5A) Miscellaneous (Chapter 6)
Worker has right to apply for order to stop bullying.
9(5B) Miscellaneous (Chapter 6)
Part 6-5 deals with miscellaneous matters such as delegations and regulations.
9(6) Miscellaneous (Chapter 6)
90 Payment for annual leave
Employer must pay employee at base rate for ordinary hours of work during paid annual leave.
90(1) Payment for annual leave
Employer must pay employee for untaken annual leave
90(2) Payment for annual leave
91 Transfer of employment situations that affect entitlement to
Employee is not entitled to payment for untaken annual leave if service with first employer counts as service with second employer.
91(1) Transfer of employment situations that affect entitlement to
If the second employer decides not to recognize the employee's service, then the employee is not entitled to payment.
Second employer decides not to recognize employee's service.
Employee's entitlement to payment is conditional on recognition.
The employee's entitlement to payment depends on the second employer's recognition of their service.
Second employer's recognition of employee's service is necessary for payment.
If the second employer recognizes the employee's service, then the employee is entitled to payment.
Second employer recognizes employee's service.
The provision applies to transfers of employment between non-associated entities.
This provision applies to transfers of employment.
The provision is part of the National Employment Standards.
This provision is in the National Employment Standards.
Employee is not entitled to be paid for untaken paid annual leave if subsection 22(5) applies.
91(2) Transfer of employment situations that affect entitlement to
Transfer of employment in relation to an employee.
Prohibits payment for untaken paid annual leave.
Paid annual leave cannot be cashed out except in accordance with permitted terms.
92 Paid annual leave must not be cashed out except in accordance
Prohibits cashing out paid annual leave.
93 Modern awards and enterprise agreements may include terms
Employer may include terms for cashing out paid annual leave.
93(1) Modern awards and enterprise agreements may include terms
The cashing out of paid annual leave occurs during the period of employment.
Cashing out paid annual leave during employment
A modern award or enterprise agreement may include terms providing for the cashing out of paid annual leave by an employee.
If a modern award or enterprise agreement includes terms, then it implies that the employer must take a cognitive action to provide terms for cashing out paid annual leave.
Employer obligation implies cognitive action of providing terms for cashing out paid annual leave
Employer must provide terms for cashing out paid annual leave.
Modern awards and enterprise agreements may include terms
If a modern award or enterprise agreement includes terms, then it implies that the employer must diffuse the provision for cashing out paid annual leave to all employees.
Employer obligation implies diffusion of provision for cashing out paid annual leave
If a modern award or enterprise agreement includes terms, then it implies that the employer must provide for the cashing out of paid annual leave.
Employer obligation implies provision for cashing out paid annual leave
Paid annual leave must not be cashed out if it would result in less than 4 weeks of accrued entitlement.
93(2) Modern awards and enterprise agreements may include terms
Prohibits cashing out paid annual leave under certain conditions.
94 Cashing out and taking paid annual leave for award/agreement
Employer and employee may agree to cash out accrued paid annual leave.
94(1) Cashing out and taking paid annual leave for award/agreement
Employer and employee agreement justification
Employer and employee cannot agree to cashing out paid annual leave if it would result in less than 4 weeks of remaining entitlement.
94(2) Cashing out and taking paid annual leave for award/agreement
Prohibits agreement to cashing out paid annual leave
Each agreement to cash out a particular amount of paid annual leave must be in writing.
94(3) Cashing out and taking paid annual leave for award/agreement
Employer must pay employee the full amount of paid annual leave forgone.
94(4) Cashing out and taking paid annual leave for award/agreement
Employer may require employee to take paid annual leave if reasonable.
94(5) Cashing out and taking paid annual leave for award/agreement
Employer and employee may agree on when paid annual leave can be taken.
94(6) Cashing out and taking paid annual leave for award/agreement
Subdivision applies to employees other than casual employees
95 Subdivision applies to employees other than casual employees
96 Entitlement to paid personal/carer’s leave
Employee entitlement to paid personal/carer’s leave
96(1) Entitlement to paid personal/carer’s leave
Service years are related to employment years.
(1) For each year of service with an employer (other than periods of employment as a casual employee of the employer)
An employee is entitled to 10 days of paid personal/carer’s leave.
An obligation exists to provide paid personal/carer’s leave.
An obligation exists to accrue paid personal/carer’s leave.
Employee entitlement to paid personal/carer’s leave accrues progressively during a year of service.
96(2) Entitlement to paid personal/carer’s leave
Employee has an obligation to accrue paid personal/carer’s leave.
An employee may take paid personal/carer’s leave under certain conditions.
97 Taking paid personal/carer’s leave
98 Employee taken not to be on paid personal/carer’s leave at
Employee not entitled to paid personal/carer’s leave on public holidays
98(1) Employee taken not to be on paid personal/carer’s leave at
Employee obligation to work on public holidays
Employee class inclusion in paid personal/carer’s leave
Employee not on paid personal/carer’s leave for period of paid family and domestic violence leave.
98(2) Employee taken not to be on paid personal/carer’s leave at
the periods overlap if they are taken not to be on paid personal/carer’s leave for that period.
Paid family and domestic violence leave overlaps with paid personal/carer’s leave.
(2) If the period during which an employee takes paid personal/carer’s leave includes a period of paid family and domestic violence leave,
the system recognizes the overlap if they are taken not to be on paid personal/carer’s leave for that period.
The system recognizes the overlap between paid family and domestic violence leave and paid personal/carer’s leave.
the employee is taken not to be on paid personal/carer’s leave for the period of that paid family and domestic violence leave.
If employee takes paid personal/carer’s leave, then they are not on paid family and domestic violence leave.
the employee's leave includes paid family and domestic violence leave if they are taken not to be on paid personal/carer’s leave for that period.
Employee's leave includes paid family and domestic violence leave if they are taken not to be on paid personal/carer’s leave for that period.
the diffusion spreads if they are taken not to be on paid personal/carer’s leave for that period.
Paid family and domestic violence leave diffuses into paid personal/carer’s leave.
the periods repeat if they are taken not to be on paid personal/carer’s leave for that period.
Paid family and domestic violence leave repeats with paid personal/carer’s leave.
Employer must pay employee at base rate for paid personal/carer’s leave
99 Payment for paid personal/carer’s leave
Application, transitional and saving provisions for amendments
9A Application, transitional and saving provisions for amendments
Fair Work Act 2009