FWC must be satisfied with exceptional circumstances before adjusting employment terms.
1 July, but only if:
Adjustment takes effect in relation to a particular employee from the start of their first full pay period.
1 July in the year of operation. However, an adjustment referred to
Relates to a particular employee from the start of their first full pay period.
Temporal interval starts on or after a specified day
First full pay period starts on or after a specified day
Adjustment is specified in subsection (4)
the exceptional circumstances occur during the adjustment if (a)
Temporal relationship between exceptional circumstances and adjustment
(a) the FWC is satisfied that there are exceptional circumstances justifying the adjustment taking effect on that day;
the adjustment must take effect on that day if (a)
the adjustment must be limited to that situation if (b)
(b) the adjustment is limited just to the particular situation to which the exceptional circumstances relate.
the FWC must adjust employment terms if (a)
Mandatory obligation for FWC to adjust employment terms
the adjustment occurs every time the exceptional circumstances occur in that situation if (b)
Recurring trace of exceptional circumstances and adjustment
Obligation to comply with ILO Convention (No. 111) concerning Discrimination in Respect of Employment and Occupation.
16 December 1966 ([1976] ATS 5); and
Temporal interval between employment and occupation
(c) the ILO Convention (No. 111) concerning Discrimination in Respect of Employment and Occupation, done at Geneva on
Implication of employment and occupation on discrimination
Cognitive aspect of employment and occupation
Obligation to comply with ILO Convention (No. 111)
Diffusion of employment and occupation to discrimination
18 December 1979 ([1983] ATS 9); and
Compilation information and notes on amendments, applications, and modifications.
2 April 2026
The text is a classification of the Fair Work Act 2009.
Classifies the text as a compilation of the Fair Work Act 2009.
The text describes the compilation date and contents.
Prohibits sexual harassment of workers, persons seeking to become workers and persons conducting businesses or undertakings.
25 June 1958 ([1974] ATS 12); and
The FWC must make a workplace determination if certain conditions are met.
258 Guide to this Part
The FWC must make a workplace determination.
259 Meanings of employee and employer
Employer must provide employees with terms and conditions of employment.
employer means a national system employer.
Employer is responsible for ensuring employees comply with terms and conditions of employment.
employee means a national system employee, and employer means a national system employer.
employee and employer are defined as national system employee and national system employer respectively.
266 When the FWC must make an industrial action related
FWC must make an industrial action related workplace determination after a post-industrial action negotiating period ends and bargaining representatives have not settled all matters.
266(1) When the FWC must make an industrial action related
Termination of industrial action instrument
266(2) When the FWC must make an industrial action related
Obligation to terminate protected industrial action
(2) A termination of industrial action instrument in relation to a proposed enterprise agreement is:
Post-industrial action negotiating period starts on termination of industrial action instrument day
266(3) When the FWC must make an industrial action related
Temporal relationship between post-industrial action negotiating period start and termination of industrial action instrument day
(a) starts on the day on which the termination of industrial action instrument is made
Chapter 2 terms and conditions of employment imply end of negotiating period
(b) ends: Chapter 2 Terms and conditions of employment
(3) The post-industrial action negotiating period is the period that...
Negotiating period ends when post-industrial action negotiating period ends
267 Terms etc. of an industrial action related workplace
Terms set out in subsections (2) and (3), core terms set out in section 272, and mandatory terms set out in section 273.
Industrial action related workplace determination must comply with certain terms.
267(1) Terms etc. of an industrial action related workplace
Agreed terms for an industrial action must be included in the determination.
267(2) Terms etc. of an industrial action related workplace
The determination must include agreed terms.
Determination must include terms related to matters still at issue after post-industrial action negotiating period.
267(3) Terms etc. of an industrial action related workplace
Must express determination covering employers, employees, and employee organisations.
267(4) Terms etc. of an industrial action related workplace
Express determination covering employers, employees, and employee organisations.
No other terms can be included in an industrial action related workplace determination.
268 No other terms
FWC must make intractable bargaining workplace determination after declaration or post-declaration negotiating period ends.
269 When the FWC must make an intractable bargaining workplace
270 Terms etc. of an intractable bargaining workplace
Intractable bargaining workplace determination must comply with subsection (4) and include specific terms.
270(1) Terms etc. of an intractable bargaining workplace
Obligation to comply with subsection (4)
Must include agreed terms for determination
270(2) Terms etc. of an intractable bargaining workplace
(2) The determination must include the agreed terms (see subsection 274(3)) for the determination.
Terms and conditions of employment Chapter 2 Workplace determinations Part 2-5 Intractable bargaining workplace determinations Division 4 Section 270A Fair Work Act 2009
Terms that must be included in a determination after a post-declaration negotiating period
270(3) Terms etc. of an intractable bargaining workplace
Must express determination covering employers, employees, and employee organizations.
270(4) Terms etc. of an intractable bargaining workplace
Express determination covering employers, employees, and employee organizations.
270A Terms dealing with matters at issue
Enterprise agreement applies before determination is made
270A(1) Terms dealing with matters at issue
Term must be not less favourable to employees than enterprise agreement term
270A(2) Terms dealing with matters at issue
Assumes term is not less favourable to employee if no evidence to the contrary
270A(3) Terms dealing with matters at issue
Assumes a term is not less favourable if no evidence to the contrary
Infer term is not less favourable based on lack of evidence
No other terms can be included in an intractable bargaining workplace determination.
271 No other terms
272 Core terms of workplace determinations
Workplace determination must include core terms
272(1) Core terms of workplace determinations
Specify nominal expiry date not more than 4 years after operation start
272(2) Core terms of workplace determinations
Terms that would be unlawful if the determination were an enterprise agreement
272(3) Core terms of workplace determinations
Determination must pass better off overall test under section 193.
272(4) Core terms of workplace determinations
Determination must not include a term that would prevent approval of an agreement
272(5) Core terms of workplace determinations
...would mean that the FWC could not approve...
273 Mandatory terms of workplace determinations
Mandatory terms of workplace determinations
273(1) Mandatory terms of workplace determinations
Obligation to include term in workplace determination
Procedure for settling disputes under workplace determinations
273(2) Mandatory terms of workplace determinations
Must provide procedure for settling disputes
FWC must ensure an agreed term satisfies dispute settlement terms in enterprise agreements.
273(3) Mandatory terms of workplace determinations
Determine when the FWC must ensure compliance.
Subsection (2) does not apply to the determination if the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy paragraphs 186(6)(a) and (b).
The FWC must ensure an agreed term satisfies dispute settlement terms in enterprise agreements.
The FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy paragraphs 186(6)(a) and (b).
Model flexibility term must be included in workplace determinations unless certain conditions are met.
273(4) Mandatory terms of workplace determinations
Obligation to include model flexibility term
Determination must include model consultation term unless FWC is satisfied that an agreed term can be used.
273(5) Mandatory terms of workplace determinations
Determination must include model consultation term.
274 Agreed terms for workplace determinations
Agreed term for an industrial action related workplace determination must be included in the agreement.
274(2) Agreed terms for workplace determinations
Agreed term for an intractable bargaining workplace determination
274(3) Agreed terms for workplace determinations
Includes agreed terms from the application
(a) a term that the bargaining representatives for the proposed enterprise agreement concerned had agreed...
Requires inclusion of agreed terms from the application
an agreed term for an intractable bargaining workplace determination
Includes agreed terms from the application as part of the workplace determination
Describes an agreed term as part of the workplace determination
Requires inclusion of agreed terms from the application as part of the workplace determination
275 Factors the FWC must take into account in deciding terms of a
276 When a workplace determination operates etc.
Workplace determination operates from the day it is made.
276(1) When a workplace determination operates etc.
The creation of the workplace determination overlaps with its operation.
The Allen interval overlaps with the creation of the workplace determination.
(1) A workplace determination operates from the day on which it is made.
The operation of the workplace determination is recognized.
The CogAI recognizes the operation of the workplace determination.
A workplace determination operates from the day it is made.
The workplace determination holds from its creation.
The operation of the workplace determination diffuses.
The diffusion diffuses the operation of the workplace determination.
The operation of the workplace determination is traced.
The LTL traces the operation of the workplace determination.
Workplace determination ceases on specified days.
276(2) When a workplace determination operates etc.
A workplace determination that has ceased to operate can never operate again.
276(3) When a workplace determination operates etc.
(3) A workplace determination that has ceased to operate can never operate again.
277 Employers, employees and employee organisations covered by a
Employers, employees and employee organisations covered by a determination
277(1) Employers, employees and employee organisations covered by a
Employers, employees and employee organisations covered by a workplace determination
277(2) Employers, employees and employee organisations covered by a
278 Interaction of a workplace determination with enterprise
Workplace determination ceases to apply if enterprise agreement comes into operation.
278(1) Interaction of a workplace determination with enterprise
the determination ceases to apply to the employee in relation to that employment, and can never so apply again.
Describes a temporal relationship between workplace determinations and enterprise agreements.
(1) If: (a) a workplace determination applies to an employee in relation to particular employment; and (b) an enterprise agreement that covers the employee in relation to the same employment comes into operation;
Describes a relationship between workplace determinations and enterprise agreements using cognitive AI.
Prevents workplace determination from applying again.
(a) a workplace determination applies to an employee in relation to particular employment; and (b) an enterprise agreement that covers the employee in relation to the same employment comes into operation;
Describes a causal relationship between workplace determinations and enterprise agreements.
Describes a recurring relationship between workplace determinations and enterprise agreements.
Enterprise agreement ceases to apply if a workplace determination comes into operation.
278(1A) Interaction of a workplace determination with enterprise
the enterprise agreement ceases to apply to the employee in relation to that employment, and can never so apply again.
Prohibits enterprise agreement application
(a) an enterprise agreement applies to an employee in relation to particular employment; and (b) a workplace determination that covers the employee in relation to the same employment comes into operation;
Earlier determination ceases to apply when later determination comes into operation.
278(2) Interaction of a workplace determination with enterprise
...the earlier determination ceases to apply.
(2) If a workplace determination applies...
279 Act applies to a workplace determination as if it were an
Act applies to a workplace determination as if it were an enterprise agreement.
279(1) Act applies to a workplace determination as if it were an
...as if it were an enterprise agreement that is in operation.
Temporal relationship between the Act and a workplace determination.
Inference of applicability from the text.
Applicability of the Act to a workplace determination.
Spread of applicability to a workplace determination.
279(2) Act applies to a workplace determination as if it were an
Exemptions from enterprise agreement provisions
Prohibition on contravening a workplace determination
280 Contravening a workplace determination
Forbids contravention of workplace determinations
281 Applications by bargaining representatives
Applications by bargaining representatives
281(1) Applications by bargaining representatives
Describes the temporal interval for conditional commencement
(1) This section applies if a provision of this Part permits an application to be made by a bargaining representative of an employer that would have been covered by a proposed enterprise agreement.
Describes the trace for conditional commencement
Application for proposed enterprise agreement
281(2) Applications by bargaining representatives
281A How employees, employers and employee organisations are to
Employers, employees, and employee organisations must specify covered parties in a workplace determination or instrument.
281A(1) How employees, employers and employee organisations are to
Requires specification of covered parties
Employees may be specified by class or by name.
281A(2) How employees, employers and employee organisations are to
281A(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.
281A(4) How employees, employers and employee organisations are to
Entitlement for volunteer bodies to make submissions
281AA Entitlement for volunteer bodies to make submissions
Establishes minimum wages for national system employees
282 Guide to this Part
283 Meanings of employee and employer
284 The minimum wages objective
Establish and maintain a safety net of fair minimum wages.
284(1) The minimum wages objective
Ensure the establishment of a safety net.
The minimum wages objective applies to the performance or exercise of certain functions.
284(2) The minimum wages objective
285 Annual wage reviews to be conducted
The FWC must conduct an annual wage review
285(1) Annual wage reviews to be conducted
Annual wage reviews must review modern award minimum wages and national minimum wage orders.
285(2) Annual wage reviews to be conducted
Obligation to review modern award minimum wages and national minimum wage orders.
The FWC must consider the proposed national minimum wage rate in annual wage reviews.
285(3) Annual wage reviews to be conducted
The FWC must consider the proposed national minimum wage rate.
Determination of modern awards comes into operation on 1 July
286 When annual wage review determinations varying modern
287 When national minimum wage orders come into operation etc.
National minimum wage order comes into operation on July 1st in the next financial year.
287(1) When national minimum wage orders come into operation etc.
National minimum wage must be uniform for all employees unless justified by exceptional circumstances.
287(2) When national minimum wage orders come into operation etc.
The national minimum wage must be the same for all employees.
National minimum wage orders must be uniform.
The national minimum wage may not be uniform for all employees.
There are exceptional circumstances justifying setting different wages or loadings.
The national minimum wage may not be uniform for all employees unless justified by exceptional circumstances and limited in scope.
The setting of different wages or loadings is limited just to the extent necessary.
The national minimum wage may not be uniform for all employees unless justified by exceptional circumstances and limited in scope to a specific situation.
The particular situation to which the exceptional circumstances relate is limited.
The FWC is satisfied that there are exceptional circumstances justifying setting different wages or loadings.
National minimum wage must be the same for all employees in a specified class, unless exceptional circumstances justify setting different wages.
287(3) When national minimum wage orders come into operation etc.
Adjustments taking effect during year of operation only permitted in exceptional circumstances.
Unless exceptional circumstances justify setting different wages.
National minimum wage must be the same for all employees in a specified class.
The special national minimum wage set by the order must be the same for all employees in that class.
Specifies the effective date for adjustments to national minimum wage, casual loading, or special national minimum wage.
287(4) When national minimum wage orders come into operation etc.
References other provisions in Part 5-1 for annual wage reviews
288 General
289 Everyone to have a reasonable opportunity to make and
Everyone must have a reasonable opportunity to make written submissions.
289(1) Everyone to have a reasonable opportunity to make and
Publish all submissions made to the FWC for consideration in the review.
289(2) Everyone to have a reasonable opportunity to make and
The FWC may decide not to publish confidential or commercially sensitive information.
289(3) Everyone to have a reasonable opportunity to make and
Classifies information as confidential or commercially sensitive
Everyone must provide a summary or statement when submitting under this section.
289(4) Everyone to have a reasonable opportunity to make and
Classifies submissions as requiring a summary or statement.
Ensure all persons and bodies have a reasonable opportunity to make comments.
289(5) Everyone to have a reasonable opportunity to make and
Comments must be made during a reasonable time period.
Comments must be made in a timely manner.
Publishing of material may be done through various means.
289(6) Everyone to have a reasonable opportunity to make and
290 President may direct investigations and reports
The President may give a direction requiring an investigation and report.
290(1) President may direct investigations and reports
Direction of investigations and reports may be given to an Expert Panel or Chapter 2 terms and conditions of employment
290(2) President may direct investigations and reports
Permission to direct investigations and reports
291 Research must be published
The FWC must publish research for annual wage review submissions.
291(1) Research must be published
Publication of research must be done by the FWC.
291(2) Research must be published
(2) The publication may be on the FWC’s website or by any other means that the FWC considers appropriate.
292 Varied wage rates must be published
292(1) Varied wage rates must be published
Publication of varied wage rates must be done by the FWC.
292(2) Varied wage rates must be published
Obligation to publish varied wage rates.
Employer must not contravene a term of a national minimum wage order.
293 Contravening a national minimum wage order
294 Content of national minimum wage order—main provisions
National minimum wage order must set national minimum wage and special wages for certain employees.
294(1) Content of national minimum wage order—main provisions
Special national minimum wages for certain employees
(b) must set special national minimum wages for all award/agreement free employees in the following classes:
Must provide national minimum wage order
Casual loading for award/agreement free employees
(c) must set the casual loading for award/agreement free employees.
Employers must pay employees a base rate of pay that at least equals the national minimum wage.
294(2) Content of national minimum wage order—main provisions
295 Content of national minimum wage order—other matters
Monetary amount per hour and percentage for casual loading.
Express national minimum wage and casual loading in a specific way.
295(1) Content of national minimum wage order—other matters
Temporal interval for expressing national minimum wage and casual loading.
(a) the national minimum wage, and the special national minimum wages, set by the order must be expressed in a way that produces a monetary amount per hour; (b) the casual loading for award/agreement free employees must be expressed as a percentage.
Argumentation about national minimum wage and casual loading.
Classification of national minimum wage order content.
Diffusion of information about national minimum wage and casual loading.
295(2) Content of national minimum wage order—other matters
296 Variation of national minimum wage order to remove ambiguity
The FWC may make a determination varying a national minimum wage order.
296(1) Variation of national minimum wage order to remove ambiguity
Publish national minimum wage order variation on website or other means.
296(2) Variation of national minimum wage order to remove ambiguity
Classification of national minimum wage order variation
296(3) Variation of national minimum wage order to remove ambiguity
Determinations come into operation on specified day
297 When determinations varying national minimum wage orders
298 Special rule about retrospective variations of national minimum
No creation of liability to pay pecuniary penalty for past conduct
298(1) Special rule about retrospective variations of national minimum
No pecuniary penalty for conduct before determination if retrospective effect would not have contravened a term of the national minimum wage order or enterprise agreement.
298(2) Special rule about retrospective variations of national minimum
The retrospective effect of the determination overlaps with the conduct before determination.
(2) If: (a) a person engaged in conduct before the determination was made; and (b) but for the retrospective effect of the determination, the conduct would not have contravened a term of the national minimum wage order or an enterprise agreement;
A court must not order the person to pay a pecuniary penalty under Division 2 of Part 4-1 in relation to the conduct, on the grounds that the conduct contravened a term of the national minimum wage order or enterprise agreement.
Exempts conduct from pecuniary penalty if retrospective effect would not have contravened a term of the national minimum wage order or enterprise agreement.
The conduct is permitted if the retrospective effect would not have contravened a term of the national minimum wage order or enterprise agreement.
Permits conduct before determination if retrospective effect would not have contravened a term of the national minimum wage order or enterprise agreement.
The conduct before determination repeats the conduct after determination.
The conduct before determination repeats the conduct after determination in terms of its impact on the national minimum wage order or enterprise agreement.
National minimum wage order continues in operation until next order comes into effect.
299 When a national minimum wage order is in operation
Ensure equal remuneration for men and women workers of equal or comparable value.
300 Guide to this Part
Defines employee and employer terms for Fair Work Act 2009.
301 Meanings of employee and employer
Division 2 of Part 6-4A (TCF contract outworkers taken to be employees in certain circumstances)
302 FWC may make an order requiring equal remuneration
The FWC may make an order requiring equal remuneration.
302(1) FWC may make an order requiring equal remuneration
Equal remuneration for work of equal or comparable value
302(2) FWC may make an order requiring equal remuneration
FWC may make an order requiring equal remuneration
302(3) FWC may make an order requiring equal remuneration
FWC may take into account certain factors when deciding on equal remuneration.
302(3A) FWC may make an order requiring equal remuneration
303 Equal remuneration order may increase, but must not reduce,
Equal remuneration order may increase rates of remuneration.
303(1) Equal remuneration order may increase, but must not reduce,
Obligation to provide equal remuneration
Must not reduce employee's rate of remuneration
303(2) Equal remuneration order may increase, but must not reduce,
Prohibits reduction in employee's rate of remuneration
Implement equal remuneration in stages if not feasible upon operation.
304 Equal remuneration order may implement equal remuneration
Obligation to implement equal remuneration in stages.
Employer must not contravene an equal remuneration order
305 Contravening an equal remuneration order
Prohibition of contravening an equal remuneration order
Employee's remuneration is not affected by inconsistent terms from modern awards, enterprise agreements or FWC orders.
306 Inconsistency with modern awards, enterprise agreements and
Equal remuneration order is more beneficial to employee
Inconsistent terms are less beneficial than equal remuneration orders
Term of modern award, enterprise agreement or FWC order
Remuneration is unaffected by inconsistent terms
Inconsistent terms do not affect employee's remuneration
Regulated labour hire arrangement orders and their obligations.
306A Guide to this Part
Regulated labour hire arrangement orders impose obligations.
306B Meanings of employee and employer
306C Meaning of regulated host
...or any person in a State that is a referring State because of Division 2A or 2B of Part 1-3.
Regulated host is a constitutional corporation; or the Commonwealth; or a Commonwealth authority; or...
306D References to kinds of work and work performed for a person
Reference to work of a kind includes reference to work substantially of that kind.
306D(1) References to kinds of work and work performed for a person
(1) A reference in this Part to work of a kind includes a reference to work that is substantially of that kind.
Defines work performed for a person, including enterprise and joint venture
306D(2) References to kinds of work and work performed for a person
306E FWC may make a regulated labour hire arrangement order
FWC must make a regulated labour hire arrangement order on application by a person mentioned in subsection (7)
306E(1) FWC may make a regulated labour hire arrangement order
Obligation to make a regulated labour hire arrangement order
FWC must not make order unless work is for supply of labour
306E(1A) FWC may make a regulated labour hire arrangement order
FWC cannot make order if not fair and reasonable
306E(2) FWC may make a regulated labour hire arrangement order
FWC's satisfaction is tied to this temporal interval
Submissions have been made in subsection (8)
FWC is satisfied it is not fair and reasonable
FWC may make a regulated labour hire arrangement order
306E(3) FWC may make a regulated labour hire arrangement order
Determination that application covers additional employers and employees
306EA Regulated labour hire arrangement order may cover
Application of regulated labour hire arrangement order to new covered employment instrument
306EB Application of regulated labour hire arrangement order to
306EC Notification requirements in relation to new covered
(a) the event; and (b) the effect that the event will have or would have in relation to the order.
Regulated host must provide written notice to employers after an event occurs.
306EC(1) Notification requirements in relation to new covered
Regulated host has a duty to provide notice.
Notification requirements in relation to new covered employment instrument
306EC(2) Notification requirements in relation to new covered
Temporal interval between approval and operation
Written notice to employers covered by the order
Employers must be notified of FWC approval and its effect on the order.
306EC(3) Notification requirements in relation to new covered
New employers must comply with regulated labour hire arrangement order
306ED Varying regulated labour hire arrangement order to cover
Subclass of regulated labour hire arrangement order
306EE Notifying tenderers etc. of regulated labour hire
Notify tenderers of regulated labour hire arrangement
306EE(1) Notifying tenderers etc. of regulated labour hire
Information about potential employer coverage
Regulated host must inform tenderers of potential employer coverage
306EE(2) Notifying tenderers etc. of regulated labour hire
Information about the effect of subsection 306ED(11)
Notify successful tenderer of regulated labour hire application requirements
306EE(3) Notifying tenderers etc. of regulated labour hire
Regulated host must notify successful tenderer
306F Protected rate of pay payable to employees if a regulated
Employer must not pay less than protected rate of pay
306F(1) Protected rate of pay payable to employees if a regulated
Regulated labour hire arrangement order (temporal interval)
Temporal interval for regulated labour hire arrangement order
(1) This section applies if a regulated labour hire arrangement order is in force...
Regulated labour hire arrangement order (knowledge representation)
Knowledge representation for regulated labour hire arrangement order
Prohibition on paying less than protected rate of pay
Regulated labour hire arrangement order (recurring trace)
Recurring trace for regulated labour hire arrangement order
Regulated labour hire arrangement order (schema validation)
Schema validation for regulated labour hire arrangement order
Employer must pay regulated employee at least the protected rate of pay.
306F(2) Protected rate of pay payable to employees if a regulated
Employer has a duty to pay the regulated employee.
Employer must pay regulated employee at protected rate of pay if provided with accurate information.
306F(3) Protected rate of pay payable to employees if a regulated
Employer does not contravene subsection (2) if provided with accurate information.
Employer must comply with obligation to pay regulated employee at protected rate of pay.
Employer pays less than protected rate of pay without information from regulated host.
306G Exceptions from requirement to pay protected rate of pay
Exempts regulated employees from paying protected rate of pay under certain conditions.
306G(1) Exceptions from requirement to pay protected rate of pay
The provision specifies a temporal interval during which regulated employees are exempt from paying protected rate of pay.
(1) Section 306F does not apply to a regulated employee if a training arrangement applies to the employee in respect of the work performed for the regulated host.
The provision uses knowledge representation to classify regulated employees as exempt from paying protected rate of pay under certain conditions.
Regulated employees are exempt from paying protected rate of pay under certain conditions.
Section 306F does not apply to a regulated employee if a training arrangement applies to the employee in respect of the work performed for the regulated host.
The provision has a diffusive effect on regulated employees who are exempt from paying protected rate of pay under certain conditions.
The provision specifies a recurring trace of regulated employees who are exempt from paying protected rate of pay under certain conditions.
Exceptions from requirement to pay protected rate of pay
306G(2) Exceptions from requirement to pay protected rate of pay
306G(3) Exceptions from requirement to pay protected rate of pay
306H Obligations of regulated hosts covered by a regulated labour
Regulated hosts must provide information regarding protected rate of pay to employers covered by a regulated labour hire arrangement order.
306H(1) Obligations of regulated hosts covered by a regulated labour
Regulated hosts have a duty to provide information regarding protected rate of pay.
Employer may request specified information from regulated host.
306H(2) Obligations of regulated hosts covered by a regulated labour
Employer has the right to request information.
Employer believes they lack necessary information.
Employer traces the need for information.
Regulated host must comply with request within a reasonable period.
306H(3) Obligations of regulated hosts covered by a regulated labour
Regulated host has an obligation to comply with the request.
Regulated host must provide information to employer
306H(4) Obligations of regulated hosts covered by a regulated labour
306J Determination altering exemption period for short-term
Regulated labour hire arrangement order conditions
306J(1) Determination altering exemption period for short-term
The exemption period for short-term work overlaps with the regulated labour hire arrangement order.
If an application for a regulated labour hire arrangement order has been made but not finally determined, then the exemption period for short-term work is altered.
The CogAI recognizes the regulated host, employer, and regulated employees.
If a regulated labour hire arrangement order is in force or made but not yet in force, then the exemption period for short-term work is altered.
The regulated labour hire arrangement order diffuses to the FWC under section 306E.
Determination of exemption period for regulated host
306J(2) Determination altering exemption period for short-term
306K Determination of recurring extended exemption period
Regulated labour hire arrangement order in force or application pending
306K(1) Determination of recurring extended exemption period
Order has been in force for at least some time
(b) a regulated labour hire arrangement order has been made but is not yet in force that covers a regulated host, one or more employers and one or more regulated employees performing work for the regulated host;
(1) This section applies if: Terms and conditions of employment Chapter 2 Regulated labour hire arrangement orders Part 2-7A Regulated labour hire arrangement orders Division 2 Section 306L Fair Work Act 2009
(c) an application for a regulated labour hire arrangement order that would cover a regulated host, one or more employers and one or more regulated employees performing work for the regulated host has been made to the FWC under section 306E but has not been finally determined.
(a) a regulated labour hire arrangement order is in force that covers a regulated host, one or more employers and one or more regulated employees performing work for the regulated host;
Application has been made to FWC but not yet determined
Defines recurring extended exemption period for regulated host
306K(2) Determination of recurring extended exemption period
306L Making and effect of determinations under this Subdivision
Determination under this Subdivision must be made on application by regulated host, employer or organisation.
306L(1) Making and effect of determinations under this Subdivision
The FWC must decide whether or not to make the determination as quickly as possible after the application is made.
306L(2) Making and effect of determinations under this Subdivision
306M Making an alternative protected rate of pay order
Regulated labour hire arrangement order must be in force or application made to FWC under section 306E
306M(1) Making an alternative protected rate of pay order
Regulated labour hire arrangement order must be in force between certain dates
(b) a regulated labour hire arrangement order has been made but is not yet in force that covers a regulated host, an employer and a regulated employee of the employer performing work for the regulated host;
(a) a regulated labour hire arrangement order is in force that covers a regulated host, an employer and a regulated employee of the employer performing work for the regulated host;
(c) an application for a regulated labour hire arrangement order that would cover a regulated host, an employer and a regulated employee of the employer performing work for the regulated host has been made to the FWC under section 306E but has not been finally determined.
The FWC may make an order specifying terms and conditions of employment
306M(2) Making an alternative protected rate of pay order
306N Effect of alternative protected rate of pay order
Effect of alternative protected rate of pay order
306N(1) Effect of alternative protected rate of pay order
A relation between identifiable temporal intervals is required.
Requires a relation between identifiable temporal intervals
(i) on the day the regulated labour hire arrangement order comes into force; or (ii) on a later day specified in the alternative protected rate of pay order;
The regulated labour hire arrangement order is classified as an obligation.
Classifies the regulated labour hire arrangement order as an obligation
(1) An alternative protected rate of pay order comes into force:
The day on which the alternative protected rate of pay order comes into force is classified as a right.
Classifies the day on which the alternative protected rate of pay order comes into force as a right
(a) if the order is made before the regulated labour hire arrangement order to which the order relates comes into force:
An ordered or recurring trace is required.
No contravention of alternative protected rate of pay order
306N(2) Effect of alternative protected rate of pay order
Person must not contravene an alternative protected rate of pay order
Prohibition on contravening alternative protected rate of pay order
306N(3) Effect of alternative protected rate of pay order
(3) A person must not contravene a term of an alternative protected rate of pay order.
Enforcement of obligation to comply with protected rate of pay order
Justification of obligation to comply with protected rate of pay order
Implication of obligation on agent's behavior
306NA Determining amounts of payments relating to termination of
Employment termination payment determination
306NA(1) Determining amounts of payments relating to termination of
Employer must pay employee upon termination.
306NA(2) Determining amounts of payments relating to termination of
Employer has a duty to pay the employee.
306P Disputes about the operation of this Part
306P(1) Disputes about the operation of this Part
Parties must attempt to resolve dispute at workplace level
306P(2) Disputes about the operation of this Part
Temporal interval for dispute resolution
(2) Without limiting subsection (1), this Division applies to a dispute about:
Parties must attempt to resolve disputes at the workplace level.
306P(3) Disputes about the operation of this Part
Party must apply to FWC for dispute resolution if discussions at workplace level fail.
306P(4) Disputes about the operation of this Part
Obligation to apply FWC for dispute resolution
FWC must deal with dispute by means other than arbitration unless exceptional circumstances.
306P(5) Disputes about the operation of this Part
Permission for representation by lawyer or paid agent before FWC
306P(6) Disputes about the operation of this Part
Joinder of employees in disputes about the operation of this Part
306P(7) Disputes about the operation of this Part
Obligation to provide joinder of employees
Employer must pay employee a certain rate of pay.
306Q Dealing with disputes by arbitration
Employer has an obligation to pay employee.
306R Application fees
Must provide application fee with regulations
306R(1) Application fees
306R(2) Application fees
306S Preventing making of regulated labour hire arrangement
Preventing making of regulated labour hire arrangement
306S(1) Preventing making of regulated labour hire arrangement
Prohibits making of regulated labour hire arrangement
306S(2) Preventing making of regulated labour hire arrangement
306SA Avoidance of application of regulated labour hire
Avoiding application of regulated labour hire is prohibited.
306SA(1) Avoidance of application of regulated labour hire
306SA(2) Avoidance of application of regulated labour hire
Employer must pay regulated employee at a rate determined under or in accordance with this Part.
306T Short-term arrangements—engaging other employees
Prohibits employer from not paying regulated employee at a rate determined under or in accordance with this Part.
Regulated host covered by a regulated labour hire arrangement contravenes this section if certain conditions are met.
306U Short-term arrangements—entering into other labour hire
Regulated host is prohibited from contravening the section.
Regulated host covered by a regulated labour hire arrangement
Employer must not dismiss employee and engage independent contractor to avoid paying a worker.
306V Engaging independent contractors
Prohibits the employer from dismissing an employee and engaging an independent contractor.
306W Guidelines
306W(1) Guidelines
Legislative instruments are not guidelines.
306W(2) Guidelines
Guidelines are not legislative instruments.
Ensure guidelines are in force by November 2024 and at all times thereafter.
306W(3) Guidelines
Guidelines must be in force from November 2024 onwards
(3) The FWC must ensure that guidelines under subsection (1) are in force:
307 Guide to this Part
308 Meanings of employee and employer
Balancing protection of employees' terms and conditions with employers' interests in running enterprises efficiently.
309 Object of this Part
Transfer of rights and obligations under enterprise agreements, modern awards, and other instruments upon business transfer.
310 Application of this Division
Imposes a duty on the state to provide for the transfer of rights and obligations.
311 When does a transfer of business occur
Transfer of business occurs under specific conditions.
311(1) When does a transfer of business occur
...the work the employee performed for the old employer;
311(2) When does a transfer of business occur
Requirements in paragraphs (1)(a), (b) and (c)
Connection between old and new employer requires arrangement between Chapter 2 terms and conditions of employment.
311(3) When does a transfer of business occur
Requires an arrangement between Chapter 2 terms and conditions of employment.
312 Instruments that may transfer
312(1) Instruments that may transfer
Named employers that may transfer under modern awards
312(2) Instruments that may transfer
Transferable instrument coverage after employment change
313 Transferring employees and new employer covered by
314 New non-transferring employees of new employer may be
Transferable instrument covers new employer and non-transferring employee in relation to that work.
314(1) New non-transferring employees of new employer may be
(1) If: ... then the transferable instrument covers the new employer and the non-transferring employee in relation to that work.
Transferable instrument starts during employment
(b) after the transferable instrument starts to cover the new employer, the new employer employs a non-transferring employee; and (c) the non-transferring employee performs the transferring work;
(a) a transferable instrument covers the new employer because of paragraph 313(1)(a); and (b) after the transferable instrument starts to cover the new employer, the new employer employs a non-transferring employee; and (c) the non-transferring employee performs the transferring work; and (d) at the time the non-transferring employee is employed, no other enterprise agreement or modern award covers the new employer and the non-transferring employee in relation to that work;
Defines non-transferring employee in relation to business transfer.
314(2) New non-transferring employees of new employer may be
Subject to FWC order under subsection 319(1)
314(3) New non-transferring employees of new employer may be
This section has effect subject to such order
315 Organisations covered by transferable instrument
Named employer award covers new employer if certain conditions met.
315(1) Organisations covered by transferable instrument
then the named employer award covers the employer organisation in relation to the new employer.
(a) a named employer award covers the new employer because of paragraph 313(1)(a); and (b) the named employer award covered an employer organisation in relation to the old employer immediately before the termination of a transferring employee’s employment with the old employer;
Named employer award covers employee organisation in relation to transferring employee and non-transferring employees performing same work.
315(2) Organisations covered by transferable instrument
Named employer award covers employee organisation immediately before termination
Termination of transferring employee's employment with old employer
Organisations covered by transferable instrument
315(3) Organisations covered by transferable instrument
316 Transferring employees who are high income employees
Guarantee of annual earnings for a guaranteed period to a transferring employee applies if certain conditions are met.
316(1) Transferring employees who are high income employees
(1) This section applies if: (a) the old employer had given a guarantee of annual earnings for a guaranteed period to a transferring employee; and
If the old employer gave a guarantee, then it must provide for the transferring employee.
(a) The old employer had given a guarantee of annual earnings for a guaranteed period to a transferring employee; and
(1) This section applies if: (b) The transferring employee was a high income employee immediately before the termination of the transferring employee’s employment with the old employer; and
The obligation applies to the transferring employee.
(b) The transferring employee was a high income employee immediately before the termination of the transferring employee’s employment with the old employer; and
(1) This section applies if: (c) some of the guaranteed period occurs after the time (the transfer time) the transferring employee becomes employed by the new employer; and
The obligation applies to the new employer.
(c) Some of the guaranteed period occurs after the time (the transfer time) the transferring employee becomes employed by the new employer; and
(1) This section applies if: (d) an enterprise agreement does not apply to the transferring employee in relation to the transferring work at the transfer time.
The obligation applies to the enterprise agreement.
(d) an enterprise agreement does not apply to the transferring employee in relation to the transferring work at the transfer time.
Guarantee of annual earnings has effect after transfer as if given to the transferring employee by the new employer.
316(2) Transferring employees who are high income employees
The guarantee of annual earnings has effect after the transfer time as if it had been given to the transferring employee by the new employer.
The guarantee applies during the transfer period.
If the transfer occurs, then the new employer must pay the transferring employee's guaranteed annual earnings.
The guarantee entails that the new employer must pay the transferring employee's guaranteed annual earnings.
The new employer is obligated to pay the transferring employee's guaranteed annual earnings.
The guarantee diffuses to the new employer.
The transfer implies that the new employer is obligated to pay the transferring employee's guaranteed annual earnings.
New employer not required to comply with guarantee of annual earnings before transfer time.
316(3) Transferring employees who are high income employees
New employer is not required to pay more than the annual rate of the guarantee of annual earnings.
316(4) Transferring employees who are high income employees
Excluding higher rates from the new employer's obligations.
Amount of money equivalent to agreed benefits
Guarantee of annual earnings must be varied if non-monetary benefits cannot be provided.
316(5) Transferring employees who are high income employees
Non-monetary benefits cannot be provided
Old employer's obligations regarding guarantee of annual earnings unaffected
316(6) Transferring employees who are high income employees
Old employer's obligations arose before transfer time
FWC may make orders in relation to a transfer of business
317 FWC may make orders in relation to a transfer of business
318 Orders relating to instruments covering new employer and
Application for order regarding transfer of employment
318(1) Orders relating to instruments covering new employer and
The FWC may make an order only on application by certain parties.
318(2) Orders relating to instruments covering new employer and
Consider views of new employer, employees, and public interest when deciding whether to make an order.
318(3) Orders relating to instruments covering new employer and
Order must not come into operation before transferring employee becomes employed or order is made.
318(4) Orders relating to instruments covering new employer and
Temporal interval between specified conditions.
(a) the time when the transferring employee becomes employed by the new employer;
Prohibition on operation before specified conditions are met.
(4) The order must not come into operation in relation to a particular transferring employee before the later of the following:
319 Orders relating to instruments covering new employer and
The FWC may not make a transferable instrument that covers a non-transferring employee.
319(1) Orders relating to instruments covering new employer and
Prohibition of making a transferable instrument that covers a non-transferring employee.
319(2) Orders relating to instruments covering new employer and
Consider views of new employer and employees when deciding whether to make an order.
319(3) Orders relating to instruments covering new employer and
Order must not come into operation before a non-transferring employee starts to perform transferring work.
319(4) Orders relating to instruments covering new employer and
Temporal overlap between order and specified condition.
(4) The order must not come into operation in relation to a particular non-transferring employee...
Prohibition on operation before specified condition is met.
Order is mandatory when conditions are met.
320 Variation of transferable instruments
320(1) Variation of transferable instruments
320(2) Variation of transferable instruments
Application requirements for variation of transferable instruments
320(3) Variation of transferable instruments
Requires application by a person or employee organisation
The FWC may make the variation only on application by...
Consider views of new employer and employees when deciding to make variation.
320(4) Variation of transferable instruments
Variation of transferable instruments must not come into operation before certain conditions are met.
320(5) Variation of transferable instruments
must not come into operation before the later of...
(5) A variation of a transferable instrument under subsection (2)
(a) the time when the transferable instrument starts to cover the new employer
(b) the day on which the variation is made
Employer must pay certain amounts to national system employees.
321 Guide to this Part
322 Meanings of employee and employer
323 Method and frequency of payment
Employer must pay employee amounts payable in relation to work performance.
323(1) Method and frequency of payment
Payment must be made within a certain timeframe
323(2) Method and frequency of payment
Employer must pay money by specified method.
323(3) Method and frequency of payment
324 Permitted deductions
Employer may deduct amount from employee's pay if authorized in writing or by agreement.
324(1) Permitted deductions
Permission to deduct amount from employee's pay.
Deduction for employer benefit is prohibited
324(1A) Permitted deductions
Prohibits deduction for employer benefit
Specify amount of deduction for single deduction
324(2) Permitted deductions
325 Unreasonable requirements to spend or pay amount
Employer cannot require employee to spend or pay amount of their money.
325(1) Unreasonable requirements to spend or pay amount
Requires temporal interval between requirement and payment.
(a) the requirement is unreasonable in the circumstances; and (b) for a payment—the payment is directly or indirectly for the benefit of the employer...
Prohibits employer from requiring employee to spend or pay amount.
Prohibits payment for benefit of employer or related party.
(b) for a payment—the payment is directly or indirectly for the benefit of the employer or a party related to the employer.
(1) An employer must not directly or indirectly require an employee to spend, or pay to the employer or another person...
Requires recurring trace between employee and employer.
Employer cannot require employee to spend or pay an amount of their money under certain circumstances.
325(1A) Unreasonable requirements to spend or pay amount
...an amount of the prospective employee’s money if...
Defines temporal interval for requirement.
(1A) An employer (the prospective employer) must not...
Prohibits direct or indirect spending or payment.
(c) the payment is directly or indirectly for the benefit of the prospective employer or a party related to the prospective employer.
Circumstances in which a requirement is or is not reasonable
325(2) Unreasonable requirements to spend or pay amount
326 Certain terms have no effect
Employer may not deduct an amount from employee's pay if it benefits employer or related party and is unreasonable.
326(1) Certain terms have no effect
Regulations may prescribe circumstances for a deduction to be reasonable.
326(2) Certain terms have no effect
Regulations may prescribe circumstances.
Employer requirements that contravene subsection 325(1) are prohibited.
326(3) Certain terms have no effect
Prohibits employer requirements that contravene subsection 325(1)
(3) A term of a modern award, an enterprise agreement or a contract of employment has no effect to the extent that the term: (a) permits, or has the effect of permitting, an employer to make a requirement that would contravene subsection 325(1); or
Prohibits employee requirements that contravene subsection 325(1)
(3) A term of a modern award, an enterprise agreement or a contract of employment has no effect to the extent that the term: (b) directly or indirectly requires an employee to spend or pay an amount, if the requirement would contravene subsection 325(1) if it had been made by an employer.
Traces the temporal relationship between terms and prohibited employer requirements
Traces the temporal relationship between employee requirements and prohibited employer requirements
Deduction of amount from employee's payment is prohibited for minors without parental consent.
326(4) Certain terms have no effect
Temporal interval for deduction prohibition
(4) A term of a modern award, an enterprise agreement or a contract of employment has no effect to the extent that...
Knowledge representation for deduction prohibition
Recurring trace for deduction prohibition
Employer must not give or provide something contrary to paragraph 323(1)(b) and subsection 323(3)
327 Things given or provided, and amounts required to be spent or
Prohibition of giving or providing something
327A Offence—failing to pay certain amounts as required
Employer must pay required amounts to employees on time.
327A(1) Offence—failing to pay certain amounts as required
Employer has a duty to pay required amounts.
Failing to pay certain amounts as required is an offence.
327A(2) Offence—failing to pay certain amounts as required
Establishes a temporal relation between the payment and the required amounts.
(2) For the purposes of paragraph (1)(b), an amount is covered by this subsection if:
Prohibits failing to pay certain amounts as required.
Imposes a duty on employers to pay certain amounts as required.
Prohibits failure to pay certain amounts as required.
327A(3) Offence—failing to pay certain amounts as required
327B The Voluntary Small Business Wage Compliance Code
The Minister may declare a Voluntary Small Business Wage Compliance Code.
327B(1) The Voluntary Small Business Wage Compliance Code
Cannot refer conduct to DPP or AFP for possible offence
327B(2) The Voluntary Small Business Wage Compliance Code
327C Commencing proceedings for certain offences against this Act
Only the Director of Public Prosecutions or Australian Federal Police can commence proceedings for certain offences against this Act.
327C(1) Commencing proceedings for certain offences against this Act
Prohibits commencement of proceedings by anyone other than the Director of Public Prosecutions or Australian Federal Police.
(1) Proceedings for an offence against subsection 327A(1); may be commenced only by the Director of Public Prosecutions or the Australian Federal Police.
Restricts the commencement of proceedings for certain offences against this Act to the Director of Public Prosecutions or Australian Federal Police.
Specifies the agents that can commence proceedings for certain offences against this Act.
(b) a related offence provision, to the extent that the related offence provision relates to an offence against subsection 327A(1); may be commenced only by the Director of Public Prosecutions or the Australian Federal Police.
No proceedings for certain offences against this Act may be commenced after 6 years.
327C(2) Commencing proceedings for certain offences against this Act
328 Employer obligations in relation to guarantee of annual
Employer must comply with guarantee during certain periods.
328(1) Employer obligations in relation to guarantee of annual
The guarantee applies during the period specified in the promise
Guarantee applies during specific periods
The employee is entitled to receive a certain amount of money for a specific period
However, during certain periods, the employer must comply with the guarantee
Employer's compliance with guarantee is justified by the circumstances
The employer is required to reduce the employee's earnings under certain circumstances
The guarantee must be complied with during certain periods based on AI analysis
Employer's compliance with guarantee is supported by AI analysis
The employer has given a guarantee of annual earnings to the employee
The employer must comply with the guarantee during certain periods
Employer has an obligation to comply with the guarantee
The employer gave a guarantee of annual earnings to the employee
The guarantee applies to all employees covered by the modern award during certain periods
Guarantee spreads to other employees covered by the modern award
The employee is covered by a modern award that is in operation
Employer obligations in relation to guarantee of annual
328(2) Employer obligations in relation to guarantee of annual
Employer has an obligation to provide a guarantee of annual earnings
329 High income employee
329(1) High income employee
Guarantee of annual earnings for high-income employee
329(2) High income employee
Employer has obligation to provide guarantee of annual earnings
Employee does not have a guarantee of annual earnings if employer revokes with agreement.
329(3) High income employee
330 Guarantee of annual earnings and annual rate of guarantee
Guarantee of annual earnings and annual rate of guarantee
330(1) Guarantee of annual earnings and annual rate of guarantee
Undertaking and employee's employment start within 14 days
The undertaking and employee's agreement are given before the start of the period
The employee is entitled to receive annual earnings
Employer's obligation implies employee's right to receive annual earnings
The employer undertakes to pay the employee an amount of earnings
The guarantee is recognized as a modern award requirement
Employer's obligation to provide annual earnings
The guarantee is distinct from the enterprise agreement
Guarantee does not apply to enterprise agreement
An enterprise agreement does not apply to the employee's employment at the start of the period
Exemption from guarantee period for certain employees
330(2) Guarantee of annual earnings and annual rate of guarantee
Indicates conditions under which the undertaking may be given
330(3) Guarantee of annual earnings and annual rate of guarantee
Defines the guaranteed period for a guarantee of annual earnings.
331 Guaranteed period
332 Earnings
332(1) Earnings
Employee earnings do not include certain payments and reimbursements.
332(2) Earnings
Exclusion of specific types of payments from employee earnings.
(2) However, an employee’s earnings do not include the following:
Employee entitlement to non-monetary benefits
332(3) Earnings
Employee has a right to non-monetary benefits
Employee is entitled to performance-based benefits
Employer must contribute to superannuation fund under certain conditions.
332(4) Earnings
333 High income threshold
333(1) High income threshold
No effect on high income threshold if reducing its amount
333(2) High income threshold
has no effect to the extent that it would have the effect of reducing the amount of the high income threshold.
(2) A regulation made for the purposes of subsection (1)
If regulations specify a particular matter or state of affairs, the amount of high income threshold worked out in that manner would be less than it was on the last occasion.
333(3) High income threshold
The amount of high income threshold worked out in that manner would be less than it was on the last occasion.
Change in matter or state of affairs occurs before change in amount of high income threshold.
The amount of high income threshold worked out in that manner would be less than or equal to the amount of high income threshold on the last occasion.
Temporal interval comparison with inequality
Regulations specify a particular matter or state of affairs.
Employer's guarantee of annual earnings obligation
333A Prospective employees
333B Employees not subject to pay secrecy
Disclosure of employee remuneration and employment terms is permitted.
333B(1) Employees not subject to pay secrecy
Classification of disclosure requirements
Employees can ask other employees about their remuneration and employment terms.
333B(2) Employees not subject to pay secrecy
Workplace rights are not prevented by termination of employment.
333B(3) Employees not subject to pay secrecy
Term of employment contract has no effect if inconsistent with employee pay secrecy rights
333C Pay secrecy terms to have no effect
If term is inconsistent, then it has no effect
Employer prohibited from including pay secrecy terms in employment contracts.
333D Prohibition on pay secrecy terms
Prohibits employer from entering into contracts with pay secrecy terms.
Classifies as a prohibition on pay secrecy terms.
333E Limitations
Entering into a contract of employment with an employee that includes a term providing for termination at the end of an identifiable period is prohibited.
333E(1) Limitations
The person contravenes this subsection if...
Prohibits entering into a contract of employment with an employee that includes a term providing for termination at the end of an identifiable period.
(a) the person enters into a contract of employment with an employee; and (b) the contract includes a term that provides the contract will terminate at the end of an identifiable period
and (c) the employee is not a casual employee of the employer for whom the period referred to in paragraph (b) is identified by reference to the completion of the shift of work to which the contract relates; and (d) subsection (2), (3) or (4) applies
Identifies the conditions under which a contract is prohibited.
(c) the employee is not a casual employee of the employer for whom the period referred to in paragraph (b) is identified by reference to the completion of the shift of work to which the contract relates; and (d) subsection (2), (3) or (4) applies
Renewable contracts apply if period is greater than 2 years.
333E(2) Limitations
333E(3) Limitations
(sum of identifiable period and any other period for which contract may be extended or renewed) > 2 years
Exceptions to limitations for contracts of employment
333F Exceptions to limitations
The work is undertaken during a peak demand period
(c) the employee is engaged under the contract to undertake essential work during a peak demand period
The work is undertaken during emergency circumstances or a temporary absence
(d) the employee is engaged under the contract to undertake work during emergency circumstances or during a temporary absence of another employee
The contract is for a governance position with a time limit
(g) the contract relates to a governance position that has a time limit under the governing rules of a corporation or association of persons
(a) the employee is engaged under the contract to perform only a distinct and identifiable task
The work is funded by government funding
is funded in whole or in part by government funding
(f) the contract relates to a position for the performance of work that is funded in whole or in part by government funding
333G Effect of entering prohibited fixed term contract
Entering a prohibited fixed term contract is prohibited.
333G(1) Effect of entering prohibited fixed term contract
Prohibits entering a prohibited fixed term contract.
Imposes obligation on Commonwealth, States, and Territories regarding prohibited fixed term contracts.
333G(2) Effect of entering prohibited fixed term contract
333H Anti-avoidance
Prohibition on avoiding rights or prohibitions under the Division
333H(1) Anti-avoidance
Prohibits actions to avoid rights or prohibitions
A person takes action for a particular reason if the reasons include that reason.
333H(2) Anti-avoidance
333J Fixed Term Contract Information Statement
The Fair Work Ombudsman must prepare and publish a Fixed Term Contract Information Statement.
333J(1) Fixed Term Contract Information Statement
Must include information about Subdivision A and section 333L.
333J(2) Fixed Term Contract Information Statement
Employee must provide Fixed Term Contract Information Statement before or as soon as the contract is entered into.
333K Giving new employees the Fixed Term Contract Information
Must provide Fixed Term Contract Information Statement
Subclass of civil remedy provision (Part 4-1)
333L Disputes about the operation of this Division
Applicable to disputes between employer and employee about the operation of this Division.
333L(1) Disputes about the operation of this Division
Applicable during disputes between employer and employee.
(1) This section applies to a dispute between an employer and employee about the operation of this Division.
Relevant to disputes between employer and employee.
Applicable to disputes between employer and employee.
Applicable to disputes about the operation of this Division.
333L(2) Disputes about the operation of this Division
The dispute resolution attempt occurs within the specified time frame.
Temporal interval for dispute resolution attempt
The parties' discussions must occur within a specific time frame.
Attempt to resolve dispute at the workplace level.
Parties are required to resolve disputes.
Party must refer dispute to FWC if discussions at workplace level do not resolve it.
333L(3) Disputes about the operation of this Division
FWC must deal with disputes referred under subsection (3)
333L(4) Disputes about the operation of this Division
Employer or employee may appoint a person or industrial association to provide support or representation for dispute resolution purposes.
333L(5) Disputes about the operation of this Division
May appoint a person or industrial association to provide support or representation.
333M Employee right to disconnect
Employee has right to disconnect from work outside working hours.
333M(1) Employee right to disconnect
Employee right to disconnect outside working hours
333M(2) Employee right to disconnect
333M(3) Employee right to disconnect
Classifies the excerpt as a descriptive clause
Employee right to disconnect is a workplace right within the meaning of Part 3-1.
333M(4) Employee right to disconnect
Employee has right to disconnect during work hours
Right to disconnect applies during work hours
Employee has workplace right within Part 3-1
Section 333M(4) prohibits adverse action
Employer cannot take adverse action against employee for exercising workplace right
Employee exercise of workplace right implies right to disconnect
Exercise of workplace right implies employee has right to disconnect
Employee must respond to required contact under law.
333M(5) Employee right to disconnect
Employee right to disconnect prevails over company rights if more favorable
333M(6) Employee right to disconnect
Company rights are overridden by employee right
Employee right to disconnect is included in enterprise agreement
Enterprise agreement includes more favorable right to disconnect term
Enterprise agreement contains right to disconnect term
333N Disputes about the employee right to disconnect
Employer and employee must resolve dispute about employee's refusal to monitor contact.
333N(1) Disputes about the employee right to disconnect
Employer and employee have an obligation to resolve the dispute.
Employer's reasonable belief about employee refusal
333N(2) Disputes about the employee right to disconnect
333P Orders to stop refusing contact or to stop taking certain
FWC may make an order to stop refusing contact or taking certain actions if there is a risk of disciplinary action or continued requirement.
333P(1) Orders to stop refusing contact or to stop taking certain
The FWC must make an order if certain conditions are met.
FWC has the power to make orders under this section.
The employer must not take disciplinary action or continue to require the employee to monitor contact if the employee has refused.
Prohibition on disciplinary action or continued requirement
The employer cannot take disciplinary action or continue to require the employee to monitor contact if the employee has refused.
The FWC must stop the employee from refusing contact or taking certain actions.
Duty to stop refusing contact or taking certain actions
The FWC must make an order if the employee has unreasonably refused to monitor contact.
The employee right to disconnect is a specific type of order that can be made under this section.
Definition of employee right to disconnect
This section defines the employee right to disconnect.
Definition of employee right to disconnect (again)
This section defines the employee right to disconnect again.
If there is a risk that the employer will take disciplinary action or continue to require the employee to monitor contact, then the FWC must make an order.
Conditional order based on risk of disciplinary action or continued requirement
The FWC may make an order if there is a risk that the employer will take disciplinary action or continue to require the employee to monitor contact.
FWC may make order to prevent employee from refusing contact or taking certain actions.
333P(2) Orders to stop refusing contact or to stop taking certain
The FWC must deal with an application within 14 days and as soon as reasonably practicable after starting to deal with it.
333P(3) Orders to stop refusing contact or to stop taking certain
Deal with the application within 14 days and as soon as reasonably practicable after starting to deal with it.
333Q Contravening an order
Removes prohibition on proceeding under WHS laws for same conduct
333R Actions under work health and safety laws permitted
Application for order under section 333P overlaps
Section 115 prohibition overlaps with application for order under section 333P
Removal of prohibition implies allowance of proceeding
Includes application for order under section 333P
Application for order under section 333P made
No action can be taken that would prejudice Australia's defence, national security, or covert/ international operations of the Australian Federal Police.
333S This Subdivision is not to prejudice Australia’s defence,
...or the refraining from taking the action, would be, or could reasonably be expected to be...
Temporal overlap with prohibited actions
(a) Australia’s defence; or (b) Australia’s national security;
...would prejudice Australia's defence, national security...
Diffuses responsibility for prohibited actions
Temporal relation with prohibited actions
333T Declarations by the Director-General of Security
Director-General may declare exemptions from certain provisions.
333T(1) Declarations by the Director-General of Security
Approval required for declaration under subsection (1)
333T(2) Declarations by the Director-General of Security
333U Declarations by the Director-General of ASIS
Permits Director-General to declare exemptions from Subdivision provisions
333U(1) Declarations by the Director-General of ASIS
Allows the Director-General to make declarations
333U(2) Declarations by the Director-General of ASIS
FWC must deal with disputes under certain conditions.
333V Dealing with disputes in other ways
Classification of FWC's action as a dispute resolution mechanism
333W Guidelines
333W(1) Guidelines
Guidelines made under subsection (1) are not a legislative instrument.
333W(2) Guidelines
333X Employer-funded paid parental leave—preserved if child is
Employer must allow employee to take paid parental leave
333X(1) Employer-funded paid parental leave—preserved if child is
Employee's entitlement to leave is related to the child's birth
Temporal relation between child's birth and employee's entitlement to leave
Child must be born alive for employee to be entitled to leave
Employee has a right to take paid parental leave
Employer's obligation implies a right in employee
Employee must be allowed to take paid parental leave
Employer has a duty to allow employee to take paid parental leave
Employee is affected by employer's obligation
Obligation spreads from employer to employee
Employer must allow employee to take leave
Employer cannot refuse to allow employee to take leave or cancel part of leave without request.
333X(2) Employer-funded paid parental leave—preserved if child is
Employer must not refuse to allow employee to take leave or cancel part of leave.
Employer may refuse or cancel paid parental leave under employment terms and conditions.
333X(3) Employer-funded paid parental leave—preserved if child is
334 Guide to this Part
335 Meanings of employee and employer
336 Objects of this Part
Objects of this Part are to protect workplace rights and freedom of association.
336(1) Objects of this Part
Protection for employees, employers, and organisations.
336(2) Objects of this Part
This Part applies only to the extent provided by this Division.
337 Application of this Part
338 Action to which this Part applies
Action taken by a constitutionally-covered entity or with intent to affect its activities
338(1) Action to which this Part applies
Action taken by a constitutionally-covered entity
(1) This Part applies to the following action:
338(2) Action to which this Part applies
Chapter 3 is a rights and responsibilities part
A regulated worker must be an individual
338A Meaning of independent contractor
Additional effect of this Part also has the effect it would have if any one or more of the following applied.
339 Additional effect of this Part
The provision applies during the period of time when any one or more of the listed conditions apply.
The provision applies to any one or more of the listed conditions.
340 Protection
Prohibition on taking adverse action against another person due to workplace rights.
340(1) Protection
...must not take adverse action against another person:
(1) A person must not take adverse action...
Protection from taking adverse action against another person due to exercising a workplace right.
340(2) Protection
Classification of protection as a civil remedy provision
341 Meaning of workplace right
A person has a workplace right if they meet certain conditions.
341(1) Meaning of workplace right
Defines workplace processes and proceedings under a workplace law or instrument.
341(2) Meaning of workplace right
Defines the scope of workplace processes and proceedings.
(2) Each of the following is a process or proceedings under a workplace law or workplace instrument:
Prospective employee has workplace rights as if employed
341(3) Meaning of workplace right
Employer must not take adverse action against employee.
342 Meaning of adverse action
Temporal interval for adverse action is defined.
Defines temporal intervals for adverse action.
Prohibits employer from taking adverse action.
343 Coercion
Coercion of another person to exercise or not exercise a workplace right is prohibited.
343(1) Coercion
(1) A person must not organise or take, or threaten to organise or take...
(b) exercise, or propose to exercise, a workplace right in a particular way.
Coercion implies exercising or not exercising a workplace right.
Implication of coercion on workplace rights
(a) exercise or not exercise, or propose to exercise or not exercise, a workplace right;
Exempts protected industrial action from coercion prohibition
343(2) Coercion
(2) Subsection (1) does not apply to protected industrial action.
An employer must not exert undue influence or pressure on an employee in relation to certain decisions.
344 Undue influence or pressure
Prohibition of undue influence or pressure
Employer must not exert undue influence or pressure on employee
No undue influence or pressure allowed in relation to employee decisions
Prohibition of undue influence or pressure in relation to employee decisions
Employer must not exert undue influence or pressure on employee in relation to certain decisions
No undue influence or pressure allowed in relation to employee rights
Prohibition of undue influence or pressure in relation to employee rights
Employer must not exert undue influence or pressure on employee in relation to certain rights
Undue influence or pressure is a recurring issue that must be prohibited
Recurring prohibition of undue influence or pressure
345 Misrepresentations
Making false or misleading representations about workplace rights is prohibited.
345(1) Misrepresentations
Prohibits making false or misleading representations.
A person must not knowingly or recklessly make a false or misleading representation about: (a) the workplace rights of another person; or (b) the exercise, or the effect of the exercise, of a workplace right by another person.
No reliance expected on misrepresentation
345(2) Misrepresentations
Taking adverse action against another person due to their industrial activity is prohibited.
346 Protection
The temporal interval starts from the engagement in industrial activity.
Defines the temporal interval for the prohibition.
The other person engages, or has at any time engaged or proposed to engage, in industrial activity within the meaning of paragraph 347(a) or (b).
Prohibits taking adverse action against another person due to their industrial activity.
The other person engages in industrial activity within the meaning of paragraph 347(a) or (b).
The other person does not engage in industrial activity within the meaning of paragraphs 347(c) to (g).
The other person is or was an officer or member of an industrial association.
The temporal interval ends from the non-engagement in industrial activity.
The other person does not engage, or has at any time not engaged or proposed to not engage, in industrial activity within the meaning of paragraphs 347(c) to (g).
Engages in industrial activity if meets certain conditions.
347 Meaning of engages in industrial activity
If person becomes or does not become an officer, they engage in industrial activity.
Coercion of industrial activity is prohibited.
348 Coercion
Making false or misleading representations about another person's industrial activity obligations is prohibited.
349 Misrepresentations
Representations must not be made within the defined temporal scope
Temporal relation between representation and industrial activity obligation
State defines temporal scope of representation prohibition
Individuals must not knowingly or recklessly make false or misleading representations
Prohibition of false or misleading representations
State imposes obligation on individuals to not make false or misleading representations
Individuals must not knowingly or recklessly make false or misleading representations about their disclosure obligations
Prohibition of false or misleading representations about disclosure obligations
State imposes obligation on individuals to disclose certain information
Individuals must not knowingly or recklessly make false or misleading representations that can be spread by others
Spread of false or misleading information
State imposes obligation on individuals to prevent spread of false or misleading information
Individuals must not knowingly or recklessly make recurring false or misleading representations
Recurring trace of false or misleading representations
State imposes obligation on individuals to not make recurring false or misleading representations
350 Inducements—membership action
Employer cannot induce employee to take membership action
350(1) Inducements—membership action
Prohibition of inducing membership action
Cannot induce independent contractor to take membership action
350(2) Inducements—membership action
During the term of the contract, person who has entered into a contract for services must not induce independent contractor to take membership action
Person who has entered into a contract for services must not induce independent contractor to take membership action
Must not induce independent contractor to take membership action
Person who has entered into a contract for services with an independent contractor
Contract for services with independent contractor
Regulated businesses cannot induce regulated contractors to take membership action.
350(2A) Inducements—membership action
Membership action requires becoming, not becoming, remaining or ceasing to be an officer or member of an industrial association.
350(3) Inducements—membership action
A person takes membership action if the person becomes, does not become, remains or ceases to be an officer or member of an industrial association.
Membership action occurs during becoming, remaining, or ceasing to be an officer or member of an industrial association
(3) A person takes membership action if the person becomes, does not become, remains or ceases to be an officer or member of an industrial association.
Membership action is true if the person becomes, does not become, remains or ceases to be an officer or member of an industrial association
350A Protection for workplace delegates
Employer must not unreasonably fail or refuse to deal with the workplace delegate, make false representations, or hinder exercise of rights.
350A(1) Protection for workplace delegates
Employees must comply with workplace delegate instructions.
350A(2) Protection for workplace delegates
Employer bears burden of proving conduct is reasonable
350A(3) Protection for workplace delegates
Employer has obligation to prove reasonableness
Exemption from subsection (1) for conduct required by law
350A(4) Protection for workplace delegates
Exempts subsection (1) from its application
(4) Subsection (1) does not apply in relation to conduct required by or under a law of the Commonwealth or a State or a Territory.
Permits subsection (1) to be applied in certain circumstances
Excludes subsection (1) from its application for conduct not required by law
350B Protection for workplace delegates—regulated workers
Regulated business must not unreasonably fail or refuse to deal with the workplace delegate, make false representations, or hinder exercise of rights.
350B(1) Protection for workplace delegates—regulated workers
workplace delegate who is a regulated worker
Regulated business must not unreasonably fail or refuse to deal with the workplace delegate.
350B(2) Protection for workplace delegates—regulated workers
Burden of proof lies on associated regulated business
350B(3) Protection for workplace delegates—regulated workers
Obligation to prove conduct is unreasonable
Exempts conduct required by law from regulation under the Act.
350B(4) Protection for workplace delegates—regulated workers
Exempts conduct required by law from regulation.
The associated regulated business for a workplace delegate who is a regulated worker is the regulated business that engaged the workplace delegate under a services contract.
350B(5) Protection for workplace delegates—regulated workers
Identifies the regulated business for a workplace delegate
350C Workplace delegates and their rights
350C(1) Workplace delegates and their rights
Workplace delegate has right to represent industrial interests in disputes.
350C(2) Workplace delegates and their rights
Workplace delegate has right to reasonable access and communication with employees and regulated workers.
350C(3) Workplace delegates and their rights
Employer must comply with workplace delegate's rights term in the fair work instrument.
350C(4) Workplace delegates and their rights
The employer must afford the workplace delegate the rights mentioned in subsection (3).
Employer's compliance with fair work instrument overlaps with workplace delegate's rights.
The employer or regulated business has complied with the delegates' rights term in the fair work instrument.
Employer's compliance with fair work instrument implies that they must afford workplace delegate the rights.
Employer has an obligation to comply with workplace delegate's rights term.
Employer is permitted to comply with workplace delegate's rights term.
Employer's compliance with fair work instrument is a recurring obligation.
Employer must consider size and nature of enterprise, resources, and facilities when determining what is reasonable for purposes of subsection (3).
350C(5) Workplace delegates and their rights
Employer has an obligation to consider...
351 Discrimination
Employer cannot take adverse action against an employee due to certain characteristics.
351(1) Discrimination
Due to certain characteristics, employer cannot take adverse action.
Prohibition of adverse action based on protected characteristics.
351(2) Discrimination
351(3) Discrimination
Cannot dismiss employee due to temporary illness or injury
352 Temporary absence—illness or injury
353 Bargaining services fees
No demanding or purporting to demand payment of a bargaining services fee
353(1) Bargaining services fees
Payable fee for provision of bargaining services
353(2) Bargaining services fees
353(3) Bargaining services fees
354 Coverage by particular instruments
Discrimination against an employer based on certain factors is prohibited.
354(1) Coverage by particular instruments
...or a particular type of workplace instrument...
(i) provisions of the National Employment Standards;
Exemption from subsection (1) for protected industrial action
354(2) Coverage by particular instruments
Discrimination against a regulated business is prohibited.
354(3) Coverage by particular instruments
...by a particular kind of workplace instrument within a type of workplace instrument.
Overlap between regulated workers and workplace instruments
(a) regulated workers in relation to the regulated business are covered, or not covered, by a particular type of workplace instrument...
Classification of regulated workers and workplace instruments
Diffusion of regulated workers and workplace instruments
Recurring trace of regulated workers and workplace instruments
355 Coercion—allocation of duties etc. to particular person
Terms with no effect due to being objectionable
356 Objectionable terms
357 Misrepresenting employment as independent contracting
Employer cannot misrepresent employment as independent contracting.
357(1) Misrepresenting employment as independent contracting
Employer's reasonable belief is a defense to misrepresentation of independent contracting.
357(2) Misrepresenting employment as independent contracting
Employer's reasonable belief overlaps with the obligation.
Employer's belief is an exception to the obligation.
Employer must consider size and nature of enterprise when determining reasonableness of belief
357(3) Misrepresenting employment as independent contracting
Employer has an obligation to consider size and nature of enterprise
Employer cannot dismiss or threaten dismissal of an employee to engage as independent contractor.
358 Dismissing to engage as independent contractor
Prohibition on dismissing an employee to engage as independent contractor.
Employer must not make false statements to persuade an individual to enter into a contract as an independent contractor.
359 Misrepresentation to engage as independent contractor
Prohibits making false statements to persuade an individual to enter into a contract.
Employer cannot dismiss or threaten dismissal of an employee to engage them as a casual employee.
359B Dismissing to engage as casual employee
Employer must not make false statements to persuade or influence an individual to enter into a contract for casual employment.
359C Misrepresentation to engage as casual employee
Employer must be aware of the potential for false statements.
Requires the employer to recognize the potential for misleading statements.
Employer has access to information about the individual's employment decision.
Prohibits making false statements to influence an individual's employment decision.
Employer must not make false statements.
Obliges the employer to refrain from making false statements.
Employer has a duty to provide accurate information.
Employer must not make the statement if they know it is false.
Requires the employer to believe the statement is true before making it.
Employer's statement contributes to the individual's employment decision.
Traces the employer's statement as a causal factor in the individual's employment decision.
Individual is persuaded or influenced by the statement.
360 Multiple reasons for action
Temporal relation between actions and reasons
The action occurs during the period of taking action for a particular reason.
The reasons for the action are included in the list of reasons.
The system processes the list of reasons and determines the action.
The reasons for the action include that reason.
The reasons for the action are communicated to others.
361 Reason for action to be presumed unless proved otherwise
Presumption of action being taken for a particular reason or intent unless proven otherwise.
361(1) Reason for action to be presumed unless proved otherwise
(b) taking that action for that reason or with that intent would constitute a contravention of this Part;
it is presumed that the action was, or is being, taken for that reason or with that intent, unless the person proves otherwise.
Presumption of action being taken for a particular reason or intent.
(1) If: (a) in an application in relation to a contravention of this Part, it is alleged that a person took, or is taking, action for a particular reason or with a particular intent; and
Presumption of action unless proved otherwise
361(2) Reason for action to be presumed unless proved otherwise
362 Advising, encouraging, inciting or coercing action
Coercion of action contravenes a provision of this Part
362(1) Advising, encouraging, inciting or coercing action
the first person is taken to have contravened the provision.
Action overlaps with a provision of this Part
(b) the action, if taken by the second person for the first person’s reason, would contravene a provision of this Part;
(a) for a particular reason (the first person’s reason), a person advises, encourages or incites, or takes any action with intent to coerce...
Action diffuses a prohibition of this Part
362(2) Advising, encouraging, inciting or coercing action
363 Actions of industrial associations
Action of an industrial association is defined as certain actions taken by its members or agents.
363(1) Actions of industrial associations
Action of an industrial association is defined.
Prevents actions by industrial association members without reasonable steps taken. Employees must comply with liabilities of bodies corporate.
363(2) Actions of industrial associations
has taken all reasonable steps to prevent the action.
Defines temporal overlap for reasonable steps
(a) the committee of management of the industrial association; or (b) a person authorised by the committee; or (c) an officer of the industrial association;
Defines temporal condition for reasonable steps
Establishing state of mind of industrial association
363(3) Actions of industrial associations
Actions of industrial associations have effect despite subsections 793(1) and
363(4) Actions of industrial associations
364 Unincorporated industrial associations
Liability for contraventions by unincorporated industrial associations
364(1) Unincorporated industrial associations
Includes references to persons and unincorporated industrial associations
(1) For the purposes of this Part, a reference to a person includes a reference to an unincorporated industrial association.
Each member, officer or agent of the industrial association who took part in the relevant action is also liable.
364(2) Unincorporated industrial associations
The liability overlaps with the temporal interval of the relevant action.
The excerpt specifies the temporal overlap between the relevant action and the liability.
The state imposes liability on members, officers and agents who took part in the relevant action.
The excerpt represents the knowledge graph of individuals subject to liability.
The excerpt represents a knowledge graph of individuals subject to liability.
The state defines a class of individuals subject to liability.
Each member, officer or agent who took part in the relevant action is also liable.
Each member, officer or agent of the industrial association is also liable.
The state imposes liability on members, officers and agents.
There is a recurring pattern of liability for members, officers and agents.
The excerpt specifies a recurring pattern of liability for members, officers and agents.
The excerpt validates the structure of the class of individuals subject to liability.
Application for FWC to deal with dismissal dispute
365 Application for the FWC to deal with a dismissal dispute
366 Time for application
Application must be made within a specified time period.
366(1) Time for application
Must be made within the specified time period.
Allow further period for application under exceptional circumstances
366(2) Time for application
(2) The FWC may allow a further period...
Application must be accompanied by a prescribed fee.
367 Application fees
368 Dealing with a dismissal dispute (other than by arbitration)
FWC must deal with a dismissal dispute (other than by arbitration)
368(1) Dealing with a dismissal dispute (other than by arbitration)
Conferences must be conducted in private.
368(2) Dealing with a dismissal dispute (other than by arbitration)
Prohibits conferences from being public.
FWC must issue certificate if dispute resolution attempts are unsuccessful
368(3) Dealing with a dismissal dispute (other than by arbitration)
Application for orders in relation to a contravention of this Part.
368(4) Dealing with a dismissal dispute (other than by arbitration)
369 Dealing with a dismissal dispute by arbitration
Notification of FWC arbitration is required within 14 days after certificate issuance.
369(1) Dealing with a dismissal dispute by arbitration
FWC may deal with dismissal dispute by arbitration, including making orders for reinstatement or compensation.
369(2) Dealing with a dismissal dispute by arbitration
FWC may deal with dismissal dispute by arbitration.
Must not contravene a term of the order.
369(3) Dealing with a dismissal dispute by arbitration
No general protections court application allowed unless FWC certificate issued or interim injunction applied for.
370 Taking a dismissal dispute to court
No general protections court application allowed.
Classification of applications based on FWC certificate and interim injunction.
Application for FWC to deal with non-dismissal dispute
372 Application for the FWC to deal with a non-dismissal dispute
During the period when a person alleges a contravention of this Part and is not entitled to apply to the FWC under section 365
If: (a) a person alleges a contravention of this Part; (b) the person is not entitled to apply to the FWC under section 365 for the FWC to deal with the dispute;
If a person alleges a contravention of this Part and is not entitled to apply to the FWC under section 365, then the person may apply to the FWC under this section for the FWC to deal with the dispute.
Implication of eligibility for dispute resolution
(a) a person alleges a contravention of this Part; and (b) the person is not entitled to apply to the FWC under section 365 for the FWC to deal with the dispute;
The person may apply to the FWC under this section for the FWC to deal with the dispute.
The person must apply to the FWC under this section for the FWC to deal with the dispute.
Until the period when a person alleges a contravention of this Part and is not entitled to apply to the FWC under section 365
373 Application fees
373(1) Application fees
373(2) Application fees
374 Conferences
The FWC must conduct a conference to deal with the dispute if an application is made under section 372 and the parties agree to participate.
374(1) Conferences
An application is made under section 372.
The parties to the dispute must agree to participate in a conference.
An application is made under section 372 and the parties agree to participate.
The FWC may deal with a dispute by mediation or conciliation, or by making a recommendation or expressing an opinion.
Section 372 defines the FWC's obligations.
The FWC must conduct a conference if an application is made under section 372 and the parties agree to participate.
The FWC must conduct a conference in private.
374(2) Conferences
Must advise parties on general protections court application prospects
375 Advice on general protections court application
375A Appeal rights
FWC cannot grant permission to appeal from a decision made by the FWC under subsection 369(2) unless it is in the public interest.
375A(1) Appeal rights
Temporal relation between FWC's decision-making power and public interest
Prohibition of granting permission to appeal
Appeal rights limited to questions of fact
375A(2) Appeal rights
375B Costs orders against parties
The FWC may order costs against a party to a dispute if they caused the other party's costs.
375B(1) Costs orders against parties
The first party's action (application) is before the second party's action (costs incurred).
Temporal interval between parties' actions
(a) an application for the FWC to deal with...
The first party's action (unreasonable act or omission) causes the second party's cost.
First party's actions cause costs for the other party
A party must pay costs incurred by the other party.
The FWC may make an order only if the other party applies for it.
375B(2) Costs orders against parties
The order is made at some point in time.
The FWC's power to order costs under section 611 is not limited by this section.
375B(3) Costs orders against parties
376 Costs orders against lawyers and paid agents
Application of costs orders against lawyers and paid agents
376(1) Costs orders against lawyers and paid agents
Obligation on the state to apply costs orders
Order for costs against a representative if they caused costs to be incurred due to unreasonable conduct.
376(2) Costs orders against lawyers and paid agents
Representative caused costs to be incurred
FWC may only make costs order if other party applies
376(3) Costs orders against lawyers and paid agents
Limitation on FWC's power to order costs under section 611.
376(4) Costs orders against lawyers and paid agents
Application for costs order must be made within 14 days after dispute resolution.
377 Applications for costs orders
Application must be made within 14 days.
377A Schedule of costs
Obligation to prescribe a schedule of costs
378 Contravening costs orders
379 Guide to this Part
380 Meanings of employee and employer
Establishes a framework for dealing with unfair dismissal balancing business and employee needs.
381 Object of this Part
Protection from unfair dismissal under certain conditions.
382 When a person is protected from unfair dismissal
The person is protected from unfair dismissal if their annual rate of earnings meets the threshold.
The sum of the person's annual rate of earnings and other amounts is less than the high income threshold.
The person is protected from unfair dismissal if a modern award applies.
The person is protected from unfair dismissal if an enterprise agreement applies.
An enterprise agreement applies to the person in relation to the employment.
383 Meaning of minimum employment period
Employer has obligation to provide minimum employment period
384 Period of employment
Defines an employee's period of employment with an employer.
384(1) Period of employment
A temporal relation between 'period of employment' and 'continuous service' is required.
(1) An employee’s period of employment with an employer at a particular time is the period of continuous service the employee has completed with the employer at that time as an employee.
A cognitive agent is required to understand 'period of employment' and 'continuous service'.
An employee's period of employment is defined.
A diffusion relation between 'period of employment' and 'continuous service' is required.
A trace between 'period of employment' and 'continuous service' is required.
384(2) Period of employment
A person has been unfairly dismissed if certain conditions are met.
385 What is an unfair dismissal
If the dismissal meets all conditions, it is unfair.
386 Meaning of dismissed
A person has been dismissed if their employment was terminated or they resigned due to employer conduct.
386(1) Meaning of dismissed
(b) the person has resigned from his or her employment, but was forced to do so because of conduct, or a course of conduct, engaged in by his or her employer.
Employment termination occurs during the employment.
(1) A person has been dismissed if: (a) the person’s employment with his or her employer has been terminated on the employer’s initiative; or (b) the person has resigned from his or her employment, but was forced to do so because of conduct, or a course of conduct, engaged in by his or her employer.
Employment termination or resignation due to employer conduct.
A person has not been dismissed if certain conditions are met.
386(2) Meaning of dismissed
387 Criteria for considering harshness etc.
388 The Small Business Fair Dismissal Code
The Minister may declare a Small Business Fair Dismissal Code.
388(1) The Small Business Fair Dismissal Code
Employer must comply with Small Business Fair Dismissal Code.
388(2) The Small Business Fair Dismissal Code
389 Meaning of genuine redundancy
Employer must consult about redundancy before dismissing an employee.
389(1) Meaning of genuine redundancy
Employer has a duty to consult about redundancy.
Employer must redeploy dismissed employee within the enterprise or associated entity.
389(2) Meaning of genuine redundancy
Employer has an obligation to redeploy dismissed employee.
390 When the FWC may order remedy for unfair dismissal
The FWC may order reinstatement or compensation for unfair dismissal.
390(1) When the FWC may order remedy for unfair dismissal
The FWC may make an order for unfair dismissal only if an application under section 394 has been made.
390(2) When the FWC may order remedy for unfair dismissal
FWC must consider payment of compensation before ordering reinstatement.
390(3) When the FWC may order remedy for unfair dismissal
Obligation to consider payment of compensation.
391 Remedy—reinstatement etc.
Employer must reinstate employee under certain conditions.
391(1) Remedy—reinstatement etc.
Employer has a duty to reinstate employee.
Employer must appoint employee to equivalent position or another with no less favourable terms.
391(1A) Remedy—reinstatement etc.
391(2) Remedy—reinstatement etc.
...the period of the person’s continuous service with the employer, or...
Temporal interval for employment continuity
(a) the continuity of the person’s employment;
the FWC MUST make any order that the FWC considers appropriate...
the FWC MUST also make any order that the FWC considers appropriate...
(2) If the FWC makes an order under subsection (1)...
Temporal interval for continuous service
(b) the period of the person’s continuous service with the employer,
Employer must pay remuneration lost due to dismissal.
391(3) Remedy—reinstatement etc.
Consider remuneration earned by person during period between dismissal and reinstatement order
391(4) Remedy—reinstatement etc.
392 Remedy—compensation
Employer must pay compensation to employee upon dismissal.
392(1) Remedy—compensation
Employer has a duty to pay compensation.
Remuneration earned by the person from employment or other work during the period between dismissal and making of the order for compensation.
Determine compensation amount considering various circumstances.
392(2) Remedy—compensation
(2) In determining an amount for the purposes of an order under subsection (1),
The FWC must reduce the amount of compensation by an appropriate amount on account of misconduct.
392(3) Remedy—compensation
The FWC has an obligation to reduce the amount of compensation.
392(4) Remedy—compensation
392(5) Remedy—compensation
Employee is entitled to compensation for a certain period of employment.
392(6) Remedy—compensation
Employee has an obligation to receive compensation.
393 Monetary orders may be in instalments
Application for unfair dismissal remedy is allowed.
394 Application for unfair dismissal remedy
A person who has been dismissed may apply to the FWC for an order under Division 4 granting a remedy.
395 Application fees
Application fee must be paid with application to FWC under this Division.
395(1) Application fees
395(2) Application fees
Consideration of application matters before merits
396 Initial matters to be considered before merits
Conduct conference or hold hearing on disputed facts
397 Matters involving contested facts
Obligation to conduct conference or hold hearing
398 Conferences
This section applies in relation to a matter arising under this Part if the FWC conducts a conference in relation to the matter.
398(1) Conferences
This section applies in relation to a matter arising under this Part.
The FWC conducts a conference in relation to the matter.
FWC conducts a conference in relation to the matter.
The FWC must conduct a private conference.
398(2) Conferences
Consider circumstances of parties in considering application and informing self.
398(3) Conferences
(b) informing itself in relation to the application
399 Hearings
No hearing unless FWC considers it appropriate.
399(1) Hearings
FWC may decide not to hold hearing in relation to parts of matter.
399(2) Hearings
Permission to decide not to hold hearing.
The FWC may decide to hold a hearing at any time.
399(3) Hearings
399A Dismissing applications
Dismissal of applications for orders under Division 4
399A(1) Dismissing applications
Employer may apply for power to dismiss applications.
399A(2) Dismissing applications
Employer has the right to apply for power.
The FWC may dismiss an application at any time.
399A(3) Dismissing applications
The FWC has the power to dismiss an application.
If the FWC may dismiss an application, it must do so.
400 Appeal rights
FWC cannot grant permission to appeal from a decision unless in the public interest.
400(1) Appeal rights
to appeal from a decision made by the FWC under this Part
FWC's obligation to consider public interest when granting permission to appeal
FWC must not grant permission unless in the public interest
FWC's permission to grant permission to appeal is conditional on public interest
Conditional relationship between granting permission and public interest
FWC must not grant permission to appeal unless in the public interest
400(2) Appeal rights
400A Costs orders against parties
Order for costs against a party to a matter arising under this Part
400A(1) Costs orders against parties
400A(2) Costs orders against parties
The order is made during the application period.
If the other party applies, then the FWC may make an order.
The other party applies for it in accordance with section 402.
The other party must know about the application.
The order is made until the other party withdraws the application.
Limits FWC's power to order costs under section 611.
400A(3) Costs orders against parties
Applicable if an application for unfair dismissal remedy has been made under section 394.
401 Costs orders against lawyers and paid agents
This section applies during the application period
Application for unfair dismissal remedy has been made under section 394.
Application for costs order must be made within 14 days after FWC determines matter or matter is discontinued.
402 Applications for costs orders
403 Schedule of costs
A schedule of costs may be prescribed in relation to items of expenditure likely to be incurred.
403(1) Schedule of costs
Limitation on awarding costs in relation to items in the schedule
403(2) Schedule of costs
Prohibits exceeding costs in relation to items in the schedule
Security for costs may be provided by procedural rules.
404 Security for costs
Obligation to provide security for costs
405 Contravening orders under this Part
Industrial action must be organised or engaged in by certain persons after the nominal expiry date of an enterprise agreement or workplace determination has passed.
406 Guide to this Part
Must be organised or engaged in by certain persons after the nominal expiry date of an enterprise agreement or workplace determination has passed.
407 Meanings of employee and employer
Industrial action is protected under certain conditions.
408 Protected industrial action
409 Employee claim action
Employee claim action for a proposed enterprise agreement is industrial action that meets certain requirements.
409(1) Employee claim action
...by: (ii) an employee who is included in a group or groups of employees specified in a protected action ballot order...
Occurs during the period of the protected action ballot.
(ii) an employee who is included in a group or groups of employees specified in a protected action ballot order for the industrial action;
...meets the common requirements set out in Subdivision B;
Requires meeting common requirements and additional requirements.
(a) is organised or engaged in for the purpose of supporting or advancing claims...
Occurs everywhere that the protected action ballot is necessary.
Industrial action must be authorised by a protected action ballot.
409(2) Employee claim action
Defines temporal interval for protected action ballot.
(2) The industrial action must be authorised by a protected action ballot (see Division 8 of this Part).
Applies reasoning to protected action ballot.
Prohibits industrial action without protected action ballot.
Diffuses protected action ballot to industrial action.
Defines recurring trace for protected action ballot.
Industrial action must not be in support of or to advance claims to include unlawful terms.
409(3) Employee claim action
Prohibits industrial action in support of or to advance unlawful claims.
(3) The industrial action must not be in support of, or to advance, claims to include unlawful terms in the agreement.
Industrial action implies a prohibition on supporting or advancing unlawful claims.
Bargaining representative must not engage in pattern bargaining.
409(4) Employee claim action
...must not be engaging in pattern bargaining...
Prohibition of engaging in pattern bargaining.
No relation to demarcation dispute or FWC order
409(5) Employee claim action
Must meet notice requirements of section 430 if section 429 applies in relation to industrial action.
409(6) Employee claim action
Cannot have contravened any order made under section 448A
409(6A) Employee claim action
Bargaining representative of an employee who will be covered by the agreement must comply with Chapter 3 Rights and responsibilities of employees, employers, organisations etc.
409(7) Employee claim action
The bargaining representative of an employee who will be covered by the agreement covers Chapter 3 Rights and responsibilities of employees, employers, organisations etc.
The bargaining representative of an employee who will be covered by the agreement is a type of Chapter 3 Rights and responsibilities of employees, employers, organisations etc.
Must comply with Chapter 3 Rights and responsibilities of employees, employers, organisations etc.
410 Employee response action
Industrial action must not relate to a demarcation dispute etc.
410(1) Employee response action
Prohibits industrial action related to demarcation disputes
410(2) Employee response action
Employee organization's officer is a bargaining representative.
410(3) Employee response action
Reference to a bargaining representative includes an officer
(3) If an employee organization is a bargaining representative...
411 Employer response action
Employer must respond to proposed enterprise agreement with industrial action.
411(1) Employer response action
Industrial action is a response to employee action.
Employer must respond to industrial action authorized by a protected action ballot.
411(2) Employer response action
Employer cannot have contravened a mediation and conciliation conference order.
411(3) Employer response action
Prohibition of contravening a mediation and conciliation conference order.
Pattern bargaining requires being a bargaining representative for 2 or more proposed enterprise agreements.
412 Pattern bargaining
Pattern bargaining requires a condition.
413 Common requirements that apply for industrial action to be
Common requirements for industrial action to be protected
413(1) Common requirements that apply for industrial action to be
Industrial action must not relate to a proposed enterprise agreement that is a greenfields agreement or a cooperative workplace agreement.
413(2) Common requirements that apply for industrial action to be
The industrial action must not relate to a proposed enterprise agreement that is a greenfields agreement or a cooperative workplace agreement.
Temporal relationship between industrial action and proposed enterprise agreements
(2) The industrial action must not relate to a proposed enterprise agreement that is a greenfields agreement or a cooperative workplace agreement.
Only persons genuinely trying to reach an agreement are allowed.
413(3) Common requirements that apply for industrial action to be
The person organising or engaging in the industrial action must have a genuine attempt to reach an agreement.
Person organising or engaging in the industrial action
Bargaining representative for the agreement
The person organising or engaging in the industrial action must be a bargaining representative for the agreement.
The person organising or engaging in the industrial action must continue to genuinely try to reach an agreement until it is successful.
413(4) Common requirements that apply for industrial action to be
Must not have contravened any orders that apply to them and relate to industrial action
413(5) Common requirements that apply for industrial action to be
Persons are related to orders during a certain time period
Temporal relation between persons and orders
The following persons must not have contravened any orders that apply to them and that relate to industrial action
Obligations are applied by artificial intelligence
Artificial intelligence application of obligations
414 Notice requirements for industrial action
Employer must receive written notice before engaging in employee claim action for a proposed enterprise agreement.
414(1) Notice requirements for industrial action
Minimum notice period for industrial action
414(2) Notice requirements for industrial action
No notice can be given until after the results of the protected action ballot have been declared.
414(3) Notice requirements for industrial action
Employer must respond to written notice of employee response action.
414(4) Notice requirements for industrial action
Employer must give written notice to bargaining representatives and employees before engaging in employer response action.
414(5) Notice requirements for industrial action
Notice must specify nature of action and start date.
414(6) Notice requirements for industrial action
415 Immunity provision
No action lies under any law in relation to protected industrial action unless it involves personal injury, wilful or reckless destruction of property, or unlawful taking, keeping, or use of property.
415(1) Immunity provision
...unless the industrial action has involved or is likely to involve: (a) personal injury; or (b) wilful or reckless destruction of, or damage to, property; or (c) the unlawful taking, keeping or use of property.
Identifies temporal intervals involved in protected industrial action.
(a) personal injury; or (b) wilful or reckless destruction of, or damage to, property; or (c) the unlawful taking, keeping or use of property.
Identifies protected industrial action using AI.
Prohibits industrial action unless it involves specified conditions.
(1) No action lies under any law (whether written or unwritten) in relation to any industrial action that is protected industrial action...
Spreads protected industrial action to related conditions.
Identifies recurring protected industrial action.
No defamation action can be brought in relation to industrial action.
415(2) Immunity provision
Defamation can be brought in other contexts.
(2) However, subsection (1) does not prevent an action for defamation being brought in relation to anything that occurred in the course of industrial action.
Subsection (1) imposes a duty to prevent defamation during industrial action.
Employer may refuse to make payments to employees in relation to the period of action.
416 Employer response action—employer may refuse to make
Employer response action does not affect continuity of employment.
416A Employer response action does not affect continuity of
Employer has an obligation to not affect continuity of employment.
417 Industrial action must not be organised or engaged in before
Industrial action must not be organised or engaged in before certain events occur.
417(1) Industrial action must not be organised or engaged in before
Industrial action must not be organised or engaged in before
417(2) Industrial action must not be organised or engaged in before
must not be organised or engaged in before
Industrial action must not be organised or engaged in before a variation starts to operate.
417(2A) Industrial action must not be organised or engaged in before
States that industrial action before a variation starts to operate starts at the start of the variation.
(2A) If the person is an employer or employee covered by an enterprise agreement...
Recognises industrial action before a variation starts to operate as prohibited.
Prohibits industrial action before a variation starts to operate.
Negates the possibility of industrial action before a variation starts to operate.
Implies that industrial action before a variation starts to operate is prohibited.
418 FWC must order that industrial action by employees or
FWC must order that industrial action by employees or employers stop.
418(1) FWC must order that industrial action by employees or
...the stop period specified in the order.
Overlaps with protected industrial action periods
(1) If it appears to the FWC that industrial action by one or more employees or employers...
Recognizes unprotected industrial action
...the FWC must make an order that the industrial action stop...
Diffuses protection of industrial action
FWC must order that industrial action by employees or
418(2) FWC must order that industrial action by employees or
418(3) FWC must order that industrial action by employees or
418(4) FWC must order that industrial action by employees or
419 FWC must order that industrial action by non-national system
FWC must order that industrial action by non-national system stop.
419(1) FWC must order that industrial action by non-national system
(a) is: (i) happening; or (ii) threatened, impending or probable; or (iii) being organised;
(b) will, or would, be likely to have the effect of causing substantial loss or damage...
Prohibits industrial action by non-national system employees or employers.
(1) If it appears to the FWC that industrial action...
Eventually leads to business disruption.
FWC must order that industrial action by non-national system
419(2) FWC must order that industrial action by non-national system
419(3) FWC must order that industrial action by non-national system
Temporal relationship between FWC's obligation and industrial action
420 Interim orders etc.
Determine an application for an order within 2 days after the application is made.
420(1) Interim orders etc.
The FWC must determine an application for an order within 2 days after the application is made.
Duty to determine an application within a specified timeframe.
(1) As far as practicable, the FWC must determine an application for an order under section 418 or 419 within 2 days after the application is made.
The FWC must make a decision on an application.
Duty to make a decision on an application.
The FWC must take action on an application.
The application must be determined within 2 days after the application is made.
Application must be determined within a specified timeframe.
Interim order must stop industrial action from occurring.
420(2) Interim orders etc.
FWC cannot make interim order if it would be contrary to public interest.
420(3) Interim orders etc.
Interim order cannot be made during period when it would be contrary to public interest
FWC must consider implications of making interim order on public interest
Interim order cannot be made if it would be contrary to public interest
Not making interim order is permissible if it would be contrary to public interest
The FWC does not have to specify the particular industrial action in making an interim order.
420(4) Interim orders etc.
An interim order continues in operation until the application is determined.
420(5) Interim orders etc.
(5) An interim order continues in operation until the application is determined.
421 Contravening an order etc.
421(1) Contravening an order etc.
Exemption from complying with an order under certain conditions.
421(2) Contravening an order etc.
(2) However, a person is not required to comply with an order...
422 Injunction against industrial action if a bargaining
Granting of injunction against industrial action
422(1) Injunction against industrial action if a bargaining
may grant an injunction on such terms as the court considers appropriate if...
(1) The Federal Court or Federal Circuit and Family Court of Australia (Division 2)
Knowledge representation of industrial action
if: (a) a person has applied for the injunction; and (b) the requirement set out in subsection (2) is met.
Spread of information about industrial action
(a) a person has applied for the injunction; and (b) the requirement set out in subsection (2) is met.
Injunction against industrial action if a bargaining representative is engaging in pattern bargaining.
422(2) Injunction against industrial action if a bargaining
...a bargaining representative of an employee who will be covered by the agreement is engaging in pattern bargaining...
Prohibits industrial action during a period when a bargaining representative is engaging in pattern bargaining.
Prohibits industrial action if a bargaining representative is engaging in pattern bargaining.
423 FWC may suspend or terminate protected industrial action—
FWC may suspend or terminate protected industrial action under certain conditions.
423(1) FWC may suspend or terminate protected industrial action—
FWC must be satisfied that protected industrial action is causing significant economic harm to the employer or employees.
423(2) FWC may suspend or terminate protected industrial action—
FWC must be satisfied that protected industrial action is causing significant economic harm to employees.
423(3) FWC may suspend or terminate protected industrial action—
Factors relevant to working out whether protected industrial action is causing or threatening to cause significant economic harm.
423(4) FWC may suspend or terminate protected industrial action—
FWC must be satisfied that harm is imminent before suspending or terminating protected industrial action.
423(5) FWC may suspend or terminate protected industrial action—
FWC must be satisfied that protected industrial action has been engaged in for a protracted period of time and the dispute will not be resolved in the reasonably foreseeable future.
423(6) FWC may suspend or terminate protected industrial action—
Obligation to suspend or terminate protected industrial action
FWC may suspend or terminate protected industrial action.
423(7) FWC may suspend or terminate protected industrial action—
424 FWC must suspend or terminate protected industrial action—
FWC must suspend or terminate protected industrial action under certain conditions.
424(1) FWC must suspend or terminate protected industrial action—
Prohibits FWC from failing to suspend or terminate protected industrial action.
(1) The FWC must make an order suspending or terminating protected industrial action for a proposed enterprise agreement that...
FWC must suspend or terminate protected industrial action.
424(2) FWC must suspend or terminate protected industrial action—
Prohibition of suspension or termination
FWC must determine application within 5 days after it is made.
424(3) FWC must suspend or terminate protected industrial action—
Duty to determine application within 5 days
FWC must make an interim order suspending protected industrial action if unable to determine application within period.
424(4) FWC must suspend or terminate protected industrial action—
Interim order must be in effect until application is determined
Obligation to suspend protected industrial action
424(5) FWC must suspend or terminate protected industrial action—
FWC must suspend protected industrial action—cooling off
425 FWC must suspend protected industrial action—cooling off
426 FWC must suspend protected industrial action—significant
FWC must suspend protected industrial action for a proposed enterprise agreement if certain requirements are met.
426(1) FWC must suspend protected industrial action—significant
if the requirements set out in this section are met.
The FWC must make an order suspending protected industrial action
FWC must be satisfied that protected industrial action is adversely affecting the employer or employees covered by the agreement.
426(2) FWC must suspend protected industrial action—significant
FWC must be satisfied that the protected industrial action is adversely affecting the employer or employees covered by the agreement.
FWC must suspend protected industrial action if it threatens harm to anyone other than a bargaining representative or an employee covered by the agreement.
426(3) FWC must suspend protected industrial action—significant
The protected industrial action occurs after FWC's obligation
Temporal relationship between FWC's obligation and the protected industrial action
FWC must be satisfied that the protected industrial action is threatening to cause significant harm
FWC must suspend protected industrial action
It is not required that FWC suspend the protected industrial action
Prohibition on suspending protected industrial action if it does not threaten harm
If the protected industrial action threatens harm, then FWC must suspend it
Conditional relationship between FWC's obligation and the protected industrial action
The protected industrial action occurs before or at the same time as FWC's obligation
FWC must suspend protected industrial action—significant
426(4) FWC must suspend protected industrial action—significant
The period during which the protected industrial action is suspended
(4) For the purposes of subsection (3), the FWC may take into account...
426(5) FWC must suspend protected industrial action—significant
FWC may make order on application by certain parties
426(6) FWC must suspend protected industrial action—significant
427 FWC must specify the period of suspension
FWC must specify suspension period for protected industrial action.
427(1) FWC must specify the period of suspension
FWC must specify the period of suspension for protected industrial action.
427(2) FWC must specify the period of suspension
428 Extension of a period of suspension
Extension of a period of suspension for a proposed enterprise agreement
428(1) Extension of a period of suspension
FWC must specify period of extension in order
428(2) Extension of a period of suspension
429 Employee claim action without a further protected action ballot
No further protected action ballot required for employee claim action during suspension period.
429(1) Employee claim action without a further protected action ballot
Specifies temporal interval during which further protected action ballot is not required.
(c) the suspension period (including any extension under section 428) ends, or the order is revoked before the end of that period.
...which had not ended before the beginning of the suspension period;
Prohibits further protected action ballot for employee claim action during suspension period.
(a) an order suspending the employee claim action has been made; and (b) a protected action ballot authorised the employee claim action: ...
Prohibits taking further protected action ballot during specified temporal interval.
(i) some or all of which had not been taken before the beginning of the period (the suspension period) of suspension specified in the order; or (ii) which had not ended before the beginning of the suspension period; or (iii) beyond the suspension period;
Specifies temporal interval until which further protected action ballot is not required.
Allow employee claim action without a further protected action ballot
429(2) Employee claim action without a further protected action ballot
Permission to engage in employee claim action without a further protected action ballot
Employee claim action must be engaged in without considering suspension period.
429(3) Employee claim action without a further protected action ballot
No employee claim action different in type or duration from authorized by protected action ballot.
429(4) Employee claim action without a further protected action ballot
Prohibits employee claim actions different in type or duration from authorized by protected action ballot.
Employer must receive written notice before engaging in employee claim action.
430 Notice of employee claim action engaged in after a period of
431 Ministerial declaration terminating industrial action
Terminating protected industrial action for a proposed enterprise agreement if certain conditions are met.
431(1) Ministerial declaration terminating industrial action
Determines if industrial action overlaps with certain conditions.
(a) the industrial action is being engaged in, or is threatened, impending or probable; and (b) the industrial action is threatening, or would threaten: ...
...the Minister may make a declaration terminating protected industrial action...
Prohibits protected industrial action for a proposed enterprise agreement.
Diffuses information about protected industrial action.
Determines if industrial action will eventually meet certain conditions.
Declaration comes into operation on the day it is made.
431(2) Ministerial declaration terminating industrial action
A declaration under subsection (1) is not a legislative instrument.
431(3) Ministerial declaration terminating industrial action
432 Informing people of declaration
Declaration under subsection 431(1) triggers this section.
432(1) Informing people of declaration
432(2) Informing people of declaration
432(3) Informing people of declaration
(a) of the making of the declaration; (b) of the effect of Part 2-5
Informing bargaining representatives of declaration and its effect
432(4) Informing people of declaration
Temporal interval for informing is immediate
433 Ministerial directions to remove or reduce threat
Minister's directions to specified persons regarding actions under a proposed enterprise agreement
433(1) Ministerial directions to remove or reduce threat
specified persons must take or refrain from taking actions
Requires Minister's directions to be followed
Minister's obligation to give directions for removing or reducing threat
433(2) Ministerial directions to remove or reduce threat
that are reasonably directed to removing or reducing the threat
Minister's obligation to give directions
Minister's permission to give directions
A direction under subsection (1) is not a legislative instrument.
433(3) Ministerial directions to remove or reduce threat
Must not contravene a ministerial direction.
434 Contravening a Ministerial direction
Prohibits contravening a ministerial direction.
Establishes process for employees to choose protected industrial action through a secret ballot.
435 Guide to this Division
Establishes process for employees to choose protected industrial action.
Classifies the process as a guide to this Division.
Employees must engage in protected industrial action if they wish to determine whether a bargaining representative can establish a fair process.
436 Object of this Division
Employees must engage in protected industrial action.
437 Application for a protected action ballot order
Application for a protected action ballot order
437(1) Application for a protected action ballot order
(1) A bargaining representative of an employee who will be covered by a proposed enterprise agreement, or 2 or more such bargaining representatives (acting jointly), may apply to the FWC for an order (a protected action ballot order)
Implication of application for a protected action ballot order
Recognition of application for a protected action ballot order by the FWC
Legal obligation to apply for a protected action ballot order
Diffusion of information about application for a protected action ballot order
Exemption from subsection (1) for specific types of agreements
437(2) Application for a protected action ballot order
Notification time must be specified in application for protected industrial action.
437(2A) Application for a protected action ballot order
The application must specify the group or groups of employees, questions to be put to the employees, and the name of the person or entity that wishes to be the protected action ballot agent.
Application requirements for a protected action ballot order
437(3) Application for a protected action ballot order
Employees must be specified in a protected action ballot order application
437(5) Application for a protected action ballot order
(a) will be covered by the proposed enterprise agreement; and (b) either: (i) are represented by a bargaining representative who is an applicant for the protected action ballot order; or (ii) are bargaining representatives for themselves but are members of an employee organisation that is an applicant for the protected action ballot order.
Application must be accompanied by prescribed documents and information.
437(6) Application for a protected action ballot order
Obligation to provide required documents and information.
437A Application for a protected action ballot order—
Application for a protected action ballot order is required if certain conditions are met.
437A(1) Application for a protected action ballot order—
Application can only be made if conditions are met
Conditions must be met for an application to be made
Application for a protected action ballot order has effect as if it were multiple applications.
437A(2) Application for a protected action ballot order—
438 Restriction on when application may be made
Prohibition on making an application before a certain time
438(1) Restriction on when application may be made
Restricts when an application can be made
(1) If one or more enterprise agreements cover the employees...
Making an application for a protected action ballot order is prohibited.
438(2) Restriction on when application may be made
Organising industrial action is permitted.
Prohibits making an application for a protected action ballot order.
(2) To avoid doubt, making an application for a protected action ballot order does not constitute organising industrial action.
Rules for joint applications in protected action ballots
439 Joint applications
Applicant must notify employer and specified entity of application within 24 hours.
440 Notice of application
Must provide notice to employer and entity within 24 hours.
441 Application to be determined within 2 days after it is made
Determine an application for a protected action ballot order within 2 working days after it is made.
441(1) Application to be determined within 2 days after it is made
Application must comply with section 440 before FWC can determine it
441(2) Application to be determined within 2 days after it is made
Application must comply with section 440
FWC may deal with multiple applications for a protected action ballot order at the same time.
442 Dealing with multiple applications together
FWC must make protected action ballot order for proposed enterprise agreement
443 When the FWC must make a protected action ballot order
Obligation to make protected action ballot order
444 Ballot agent and independent advisor
Protected action ballot agent obligation
444(1) Ballot agent and independent advisor
Temporal relation between protected actions and ballot orders
(1) This section applies if the FWC must make a protected action ballot order under subsection 443(1).
Implication of protected actions on ballot orders
Classification of ballot agents and independent advisors by AI
Obligation to make a protected action ballot order
Propagation of obligations to ballot agents
444(1A) Ballot agent and independent advisor
Must designate a protected action ballot agent
444(1B) Ballot agent and independent advisor
Must be an eligible protected action ballot agent.
444(1C) Ballot agent and independent advisor
Obligation to be an eligible protected action ballot agent.
Exceptions to subsection (1C) for a person conducting the ballot
444(1D) Ballot agent and independent advisor
Must provide notice of protected action ballot order to applicants, employer, and protected action ballot agent.
445 Notice of protected action ballot order
Must provide notice of protected action ballot order.
446 Protected action ballot order may require 2 or more protected
Protected action ballot order requires a protected action ballot to be held in relation to industrial action by employees of the same employer or employees at the same workplace.
446(1) Protected action ballot order may require 2 or more protected
(1) This section applies if: Rights and responsibilities of employees, employers, organisations etc. Chapter 3 Industrial action Part 3-3 Protected action ballots Division 8 Section 447 Fair Work Act 2009 Compilation date: 02/04/2026
During industrial action by employees of the same employer or employees at the same workplace
Requires a protected action ballot to be held
The FWC may require protected action ballots to be held at the same time under certain conditions.
446(2) Protected action ballot order may require 2 or more protected
if the FWC is satisfied: (a) that the level of disruption of the employer’s enterprise, or at the workplace, could be reduced if the ballots were held at the same time; and (b) that requiring the ballots to be held at the same time will not unreasonably delay either ballot.
The protected action ballots are held during a specific time period.
(2) The FWC may make, or vary, the protected action ballot orders so as to require the protected action ballots to be held at the same time;
(b) that requiring the ballots to be held at the same time will not unreasonably delay either ballot.
Requires protected action ballots to be held at the same time.
(a) that the level of disruption of the employer’s enterprise, or at the workplace, could be reduced if the ballots were held at the same time;
447 Variation of protected action ballot order
An applicant may apply to vary the protected action ballot order.
447(1) Variation of protected action ballot order
Variation of protected action ballot order
447(2) Variation of protected action ballot order
Granting permission to vary the protected action ballot order
Application can be made before or after voting closes with FWC consent
447(3) Variation of protected action ballot order
Permission to apply before or after voting closes
FWC may vary protected action ballot order on application.
447(4) Variation of protected action ballot order
448 Revocation of protected action ballot order
Duty to revoke protected action ballot order
448(1) Revocation of protected action ballot order
FWC must revoke protected action ballot order upon application.
448(2) Revocation of protected action ballot order
448A FWC must conduct conferences
FWC must attend a conference with bargaining representatives for an agreement.
448A(1) FWC must conduct conferences
Temporal interval for conference attendance
(1) If the FWC has made a protected action ballot order in relation to a proposed enterprise agreement, the FWC must make an order directing the bargaining representatives for the agreement to attend a conference:
(a) at a specified time or times during a specified period; and (b) at a specified place, or by specified means;
Artificial intelligence application for conference attendance
Diffusion of information about conference attendance
Conferences must be conducted by the FWC within a specified period.
448A(2) FWC must conduct conferences
(2) The specified period must end on or before...
448A(3) FWC must conduct conferences
The conference must be conducted in private.
448A(4) FWC must conduct conferences
FWC must conduct conferences and may mediate or conciliate.
448A(5) FWC must conduct conferences
448A(6) FWC must conduct conferences
449 Conduct of protected action ballot
Must be conducted by a specified person or entity.
449(1) Conduct of protected action ballot
Obligation to conduct the ballot by a specified person or entity.
Must conduct protected action ballot expeditiously and in accordance with certain procedures.
449(2) Conduct of protected action ballot
Must conduct protected action ballot expeditiously.
(2) The protected action ballot agent...
450 Directions for conduct of protected action ballot
This section applies if the protected action ballot agent is not the Australian Electoral Commission.
450(1) Directions for conduct of protected action ballot
The protected action ballot agent is not the Australian Electoral Commission.
FWC must provide written directions to protected action ballot agents on specific matters.
450(2) Directions for conduct of protected action ballot
451 Timetable for protected action ballot
Must comply with section if FWC directs or Australian Electoral Commission is the agent
451(1) Timetable for protected action ballot
Must comply with directions given by FWC
If this section does not apply, the protected action ballot agent must comply with directions given by the FWC in relation to the matters dealt with by this section (see section 450).
Develop a timetable for the conduct of the protected action ballot and determine the voting method.
451(2) Timetable for protected action ballot
452 Compilation of roll of voters
Must comply with section if FWC directs or Australian Electoral Commission is the protected action ballot agent.
452(1) Compilation of roll of voters
Must comply with directions given by FWC if section does not apply
(b) the FWC has directed the protected action ballot agent to comply with this section.
Must comply with section if Australian Electoral Commission is protected action ballot agent
(a) the protected action ballot agent is the Australian Electoral Commission.
Must compile roll of voters after receiving protected action ballot order
452(2) Compilation of roll of voters
Employer must provide names and other information to ballot agent for compiling roll of voters.
452(3) Compilation of roll of voters
Eligibility for voter roll based on proposed enterprise agreement
453 Who is eligible to be included on the roll of voters
Eligibility for voter roll based on proposed enterprise agreement is during the period when employee will be covered by the proposed enterprise agreement
Employee will be covered by the proposed enterprise agreement
Employee has right to be included on voter roll if covered by proposed enterprise agreement
Employee is eligible to be included on the roll of voters
Eligibility for voter roll based on proposed enterprise agreement is if and only if employee will be covered by the proposed enterprise agreement
Eligibility for voter roll based on proposed enterprise agreement is everywhere in the context of employee rights
Chapter 3 Rights and responsibilities of employees, employers, organisations etc.
454 Variation of roll of voters
Protected action ballot agent must comply with subsections (2) to (4)
454(1) Variation of roll of voters
(a) the protected action ballot agent is the Australian Electoral Commission; or (b) the FWC has directed the protected action ballot agent to comply with those subsections.
Employee must be included on the roll of voters if requested by applicant, employee, or employer.
454(2) Variation of roll of voters
Must provide employee's name on the roll of voters.
Must remove employee's name from roll of voters under certain conditions.
454(3) Variation of roll of voters
The protected action ballot agent must remove the employee's name from the roll of voters.
Protected action ballot agent must remove employee's name from roll of voters.
Must remove person's name from roll of voters under certain conditions.
454(4) Variation of roll of voters
The Commission must include an employee's name on the roll of voters if eligible.
454(5) Variation of roll of voters
The Commission must include an employee's name on the roll of voters.
455 Protected action ballot papers
Ballot paper must be in prescribed form and include required information.
455(1) Protected action ballot papers
455(2) Protected action ballot papers
Ballot paper is a subclass of voting method
Employee must be on voter roll to vote in protected action ballot
456 Who may vote in protected action ballot
Employee votes in protected action ballot
457 Results of protected action ballot
Declare and inform results of protected action ballot
457(1) Results of protected action ballot
Publish results of protected action ballot as soon as practicable.
457(2) Results of protected action ballot
458 Report about conduct of protected action ballot
Commission must prepare a written report about the conduct of the ballot and give it to the FWC.
458(1) Report about conduct of protected action ballot
...the Commission must prepare a written report about the conduct of the ballot and give it to the FWC.
The report must be prepared after the protected action ballot is conducted.
(a) the protected action ballot agent is the Australian Electoral Commission; and (b) the Commission: ...
Commission must give the written report to the FWC.
...this section may be cited as [Section 458(1)] of this Act.
This section may be cited as [Section 458(1)] of this Act.
The report must be given to the FWC after the protected action ballot is conducted.
Must prepare a report about the conduct of the ballot and give it to FWC if complaints or irregularities are received.
458(2) Report about conduct of protected action ballot
Report about conduct of protected action ballot
458(3) Report about conduct of protected action ballot
protected action ballot agent must report
459 Circumstances in which industrial action is authorised by
Industrial action is authorized by a protected action ballot if certain conditions are met.
459(1) Circumstances in which industrial action is authorised by
The action must occur within a specified time frame.
Temporal overlap with declaration period
(d) the action commences: (i) during the 30-day period starting on the date of the declaration of the results of the ballot; or (ii) if the FWC has extended that period under subsection (3)—during the extended period.
The action is approved by a majority of votes if it occurs within the specified time frame.
Relationship between action and ballot outcome
(c) more than 50% of the valid votes were votes approving the action; and (d) the action commences: (i) during the 30-day period starting on the date of the declaration of the results of the ballot; or (ii) if the FWC has extended that period under subsection (3)—during the extended period.
The action is authorized if the conditions are met.
(a) the action was the subject of the ballot; and (b) at least 50% of the employees on the roll of voters for the ballot voted in the ballot.
The authorization spreads to a significant portion of employees.
The action occurs until a specified time frame.
Temporal relationship with declaration period
Industrial action is authorised under specific circumstances.
459(2) Circumstances in which industrial action is authorised by
Authorizes industrial action under specified conditions.
Extension of time limit for protected action ballot order application
459(3) Circumstances in which industrial action is authorised by
Immunity for persons who act in good faith on protected action
460 Immunity for persons who act in good faith on protected action
Validity of protected action ballot etc. not affected by technical breaches
461 Validity of protected action ballot etc. not affected by technical
...the conduct of a protected action ballot.
Exemptions from breach do not affect validity
A technical breach of a provision does not affect the validity of...
Interfering with protected action ballot
462 Interferences etc. with protected action ballot
Prohibits interfering with protected action ballot
463 Contravening a protected action ballot order etc.
Prohibition on contravening protected action ballot order terms
463(1) Contravening a protected action ballot order etc.
No contravening a protected action ballot order or agent.
463(2) Contravening a protected action ballot order etc.
Prohibition on making an order under Division 2 of Part 4-1 in relation to a contravention by the Australian Electoral Commission.
463(3) Contravening a protected action ballot order etc.
(3) However, an order cannot be made under Division 2 of Part 4-1 in relation to a contravention (or alleged contravention) of subsection (1) or (2) by the Australian Electoral Commission.
464 Costs of protected action ballot conducted by the Australian
The Australian Electoral Commission is responsible for the costs of a protected action ballot.
464(1) Costs of protected action ballot conducted by the Australian
The Australian Electoral Commission has an obligation to cover the costs.
Commonwealth liable for costs of protected action ballot
464(2) Costs of protected action ballot conducted by the Australian
Commonwealth not liable for costs incurred by Australian Electoral Commission
464(3) Costs of protected action ballot conducted by the Australian
465 Costs of protected action ballot conducted by protected action
465(1) Costs of protected action ballot conducted by protected action
Liability for costs of conducting a protected action ballot
465(2) Costs of protected action ballot conducted by protected action
Jointly and severally liable for costs of protected action ballot
465(3) Costs of protected action ballot conducted by protected action
Protected action ballot agent must pay costs to applicants
465(4) Costs of protected action ballot conducted by protected action
Exempts costs of legal challenges from protected action ballot costs
465(5) Costs of protected action ballot conducted by protected action
466 Costs of legal challenges
Who is liable for costs incurred in relation to legal challenges.
466(1) Costs of legal challenges
A person who is liable for costs may be indemnified by another person.
466(2) Costs of legal challenges
467 Information about employees on roll of voters not to be
Disclose employee information about employees on roll of voters not to be disclosed.
467(1) Information about employees on roll of voters not to be
Disclosure of employee information is permitted under certain conditions.
467(2) Information about employees on roll of voters not to be
Temporal interval for disclosure conditions.
(b) the disclosure is required or authorised by or under a law; or
Permission to disclose employee information.
Obligation to disclose employee information under certain conditions.
Recurring trace of disclosure requirements.
(c) the employee has consented, in writing, to the disclosure.
468 Records
Protected action ballot agent must keep certain records.
468(1) Records
Must keep ballot material for one year after the day on which the protected action ballot closed.
468(2) Records
Comply with regulations for keeping ballot material.
468(3) Records
468A Eligible protected action ballot agents
Eligible protected action ballot agents must be approved by the FWC.
468A(1) Eligible protected action ballot agents
(1) Each of the following is an eligible protected action ballot agent:
Approval of eligible protected action ballot agents
468A(2) Eligible protected action ballot agents
Conditions for a person to be an eligible protected action ballot agent
468A(3) Eligible protected action ballot agents
Classifies the key as prescribing regulations
The FWC must re-evaluate the eligibility of protected action ballot agents every 3 years.
468A(4) Eligible protected action ballot agents
FWC must take action if eligible protected action ballot agent no longer meets requirements.
468A(5) Eligible protected action ballot agents
procedures, form and content of ballot paper, qualifications and duties of scrutineers, preparation of reports, records to be kept
Regulations for protected action ballots
469 Regulations
Temporal relationship between regulations and protected action ballots
470 Payments not to be made relating to certain periods of
Employer must not make payment to employee in relation to industrial action
470(1) Payments not to be made relating to certain periods of
Payments not made for certain periods of partial work bans.
470(2) Payments not to be made relating to certain periods of
Partial work ban is not a failure or refusal to attend for work, perform work at all, or overtime ban.
470(3) Payments not to be made relating to certain periods of
(3) A partial work ban is industrial action that is not...
Payment of overtime ban is exempt if employer requests and employee refuses.
470(4) Payments not to be made relating to certain periods of
Payment not applicable during overlapping periods
Overtime work overlaps with periods of overtime to which the ban applies
Periods of overtime are included in the ban
Overtime ban includes periods of overtime to which the ban applies.
Overtime ban is defined as a period of overtime
Payment not applicable during recurring periods
Total duration of industrial action includes overtime ban period
470(5) Payments not to be made relating to certain periods of
471 Payments relating to partial work bans
Employee's payments reduced due to partial work ban
471(1) Payments relating to partial work bans
Employee payments reduced by proportion specified in notice or order
471(2) Payments relating to partial work bans
Employer must provide notice of non-payment
471(3) Payments relating to partial work bans
Employee must engage in protected industrial action on a day.
471(4) Payments relating to partial work bans
472 Orders by the FWC relating to certain partial work bans
The FWC may make an order varying the proportion by which an employee’s payments are reduced.
472(1) Orders by the FWC relating to certain partial work bans
FWC may make order only if person applies under subsection (4).
472(2) Orders by the FWC relating to certain partial work bans
473 Accepting or seeking payments relating to periods of industrial
An employee must not accept a payment from an employer if the employer would contravene section 470 by making the payment.
473(1) Accepting or seeking payments relating to periods of industrial
An employee must not accept such a payment.
Prohibits accepting payments from employers that would contravene section 470.
Section 470 prohibits certain employer actions.
An employee must not ask the employer to make such a payment.
Prohibits asking employers to make payments that would contravene section 470.
An employee must not engage in such behavior.
Prohibits acts of coercion or misrepresentations relating to payments that would contravene section 470.
Section 348 and 349 prohibit certain actions.
An employer must not make a payment to an employee if it would contravene section 470.
473(2) Accepting or seeking payments relating to periods of industrial
Prohibition of making payments to employees if it would contravene section 470.
474 Payments not to be made relating to certain periods of
Employer cannot make payment to employee if industrial action exceeds 4 hours.
474(1) Payments not to be made relating to certain periods of
Employer must request or require employee to work overtime, and employee must refuse.
474(2) Payments not to be made relating to certain periods of
Section 474(2) does not apply to a period of overtime to which the ban applies.
Overtime ban and section 474(2) apply during the same period.
The industrial action includes an overtime ban.
Employer's request or requirement is a necessary condition for employee's refusal.
Employer requested or required the employee to work overtime.
The refusal was a contravention of the employee’s obligations.
Employee's refusal is a consequence of their obligations under a modern award, enterprise agreement, or contract of employment.
The employee refused to work the period of overtime.
Employee's refusal is allowed under certain circumstances.
An employee can refuse to work additional hours if they are unreasonable.
Employee's refusal is a subclass of their obligations under a modern award, enterprise agreement, or contract of employment.
Overtime ban and section 474(2) do not overlap in time.
The industrial action is, or includes, an overtime ban.
474(2A) Payments not to be made relating to certain periods of
475 Accepting or seeking payments relating to periods of industrial
An employee must not accept a payment from an employer if the employer would contravene section 474 by making the payment.
475(1) Accepting or seeking payments relating to periods of industrial
Employers must not make payments to employees if it would contravene section 474.
475(2) Accepting or seeking payments relating to periods of industrial
Prohibition of making payments to employees if it would contravene section 474.
Employer's right to respond to industrial action without payment
476 Other responses to industrial action unaffected
Industrial action overlaps with Chapter 3
If an employee engaged, or engages, in industrial action against an employer...
Employer's response implies an obligation to do something
Employer's response implies a right to do something
This Division does not affect any right of the employer...
CogAI recognizes the employer's obligation to do something
CogAI recognizes the employer's obligation
Employer has an obligation to do anything in response to industrial action that does not involve payments to the employee.
Employer's obligation to respond to industrial action
477 Applications by bargaining representatives
477(1) Applications by bargaining representatives
Application by bargaining representative on behalf of others
477(2) Applications by bargaining representatives
Permit holders must comply with requirements when exercising rights under Division 2.
478 Guide to this Part
Permit holders must comply with requirements.
479 Meanings of employee and employer
Right of entry for officials of organisations to investigate suspected contraventions
480 Object of this Part
Employees, Employers, Occupiers of premises must provide access
Right of entry for officials of organisations
Organisations have the right to investigate suspected contraventions
481 Entry to investigate suspected contravention
Permit holder may enter premises for investigation of suspected contravention.
481(1) Entry to investigate suspected contravention
Permit holder has the right to enter premises.
The fair work instrument must apply or have applied to the member.
481(2) Entry to investigate suspected contravention
Must reasonably suspect contravention has occurred or is occurring.
481(3) Entry to investigate suspected contravention
482 Rights that may be exercised while on premises
Permit holder's rights while on premises
482(1) Rights that may be exercised while on premises
Occupier or affected employer not required to allow inspection of records or documents that contravene a law.
482(1A) Rights that may be exercised while on premises
Prohibition of inspection of records or documents that contravene a law.
Definition of affected employer for entry onto premises
482(2) Rights that may be exercised while on premises
Temporal interval for entry onto premises
The suspected contravention relates to, or affects, the member
482(2A) Rights that may be exercised while on premises
The requirement applies from now until the end of the permit holder's organisation
(2A) A non-member record or document is a record or document that...
The requirement can be represented as a knowledge rule: if (record or document is a non-member record or document) then (occupier and affected employer must not contravene requirement)
Knowledge representation for the requirement
Occupier and affected employer must not contravene requirement
Prohibition of contravening the requirement
The requirement recurs every time a non-member record or document is created or updated
The schema for the requirement can be defined as: Record or Document: non-member record or document
Occupier or affected employer must not contravene a requirement under paragraph (1)(c).
482(3) Rights that may be exercised while on premises
483 Later access to record or document
Require affected employer to produce or provide access to relevant record or document
483(1) Later access to record or document
Employer not required to produce or provide access to record or document if it would contravene a law.
483(1A) Later access to record or document
Prohibits production or provision of record or document.
Permit holder may enter premises and exercise a right to investigate suspected contravention of TCF award worker's industrial interests.
483A Entry to investigate suspected contravention relating to TCF
Permit holder has a right to enter premises.
483AA Application to the FWC for access to non-member records
Permit holder may apply for order allowing inspection of non-member records.
483AA(1) Application to the FWC for access to non-member records
FWC must have regard to conditions before making an order.
483AA(2) Application to the FWC for access to non-member records
This subdivision has effect accordingly if the FWC makes the order.
483AA(3) Application to the FWC for access to non-member records
This subdivision has effect accordingly.
Application for an order under this section must set out the reason for the application.
483AA(4) Application to the FWC for access to non-member records
483B Rights that may be exercised while on premises
Permit holder has right to inspect and interview on premises.
483B(1) Rights that may be exercised while on premises
The permit holder may inspect and interview.
Permit holder has right to inspect and interview.
The permit holder is entitled to exercise this right.
Permit holder has permission to inspect and interview.
The occupier or affected employer must allow inspection and interviewing.
Permit holder has right to interview on premises.
Permit holder has right to inspect and interview everywhere on premises.
No inspection or copying of records allowed if it contravenes a law.
483B(2) Rights that may be exercised while on premises
483C Later access to record or document
Permit holder can request access to records or documents
483C(1) Later access to record or document
Permit holder has the right to request access
No obligation to produce or provide access to a record or document if it would contravene a law.
483C(2) Later access to record or document
Must not be earlier than 14 days after notice is given.
483C(3) Later access to record or document
The day or days specified in the notice starts at 14 days after the notice is given.
Day or days specified in the notice starts at 14 days after the notice is given.
(3) The day or days specified in the notice must not be earlier than 14 days after the notice is given.
The day or days specified in the notice until 14 days after the notice is given.
Day or days specified in the notice until 14 days after the notice is given.
The day or days specified in the notice must not be earlier than 14 days after the notice is given.
Cannot contravene requirement after notice is given
483C(4) Later access to record or document
Prohibition of contravention by occupier and affected employer
Occupier and affected employer are specified
Implication of prohibition on contravention
Occupier or affected employer must not contravene a requirement under subsection (1).
483C(5) Later access to record or document
Permit holder's right to inspect and make copies of records or documents
483C(6) Later access to record or document
Permit holder has right to inspect and make copies
Permit holder has right to enter other premises for records and documents
483D Entry onto other premises to access records and documents
483E Later access to record or document—other premises
Require occupier to produce or provide access to a record or document.
483E(1) Later access to record or document—other premises
Occupier not required to produce or provide access to a record or document if it would contravene a law of the Commonwealth or a State or Territory.
483E(2) Later access to record or document—other premises
483E(3) Later access to record or document—other premises
The specified days meets a temporal interval of at least 14 days.
Must meet a temporal interval of at least 14 days.
The specified days meets a cogAI condition of at least 14 days.
Must meet a cogAI condition of at least 14 days.
The specified days must not be earlier than 14 days after notice is given.
Must not be earlier than specified days.
The specified days meets a diffusion condition of at least 14 days.
Must meet a diffusion condition of at least 14 days.
The specified days meets an until condition of at least 14 days.
Must meet an until condition of at least 14 days.
Must not contravene requirement after notice is given
483E(4) Later access to record or document—other premises
The notice may be given: (a) while the permit holder is on the other premises; or (b) within 5 days after the entry.
Temporal overlap between notice and contravention
Implication of contravention on permit holder
(a) while the permit holder is on the other premises; or (b) within 5 days after the entry.
Occupier must not contravene requirement
Occupier must not contravene a requirement under subsection (1).
483E(5) Later access to record or document—other premises
Permit holder may inspect and make copies of record or document at other premises.
483E(6) Later access to record or document—other premises
Permit holder has permission to inspect and copy record or document.
Permit holder may enter premises for discussions with employees or TCF award workers
484 Entry to hold discussions
Permit holder must not contravene this Subdivision
486 Permit holder must not contravene this Subdivision
487 Giving entry notice or exemption certificate
Give entry notice before entering premises
487(1) Giving entry notice or exemption certificate
An entry notice must comply with section 518.
487(2) Giving entry notice or exemption certificate
Entry notice must be given within a specified time frame.
487(3) Giving entry notice or exemption certificate
Provide exemption certificate upon entry
487(4) Giving entry notice or exemption certificate
Give entry notice upon entering premises under Subdivision AA
487(5) Giving entry notice or exemption certificate
Permit holder must not contravene entry permit conditions.
488 Contravening entry permit conditions
Produce authority documents upon request or before making certain requirements.
489 Producing authority documents
490 When right may be exercised
490(1) When right may be exercised
The exercise of the right occurs during the permitted time period.
Exercise right within specified time interval.
(1) The permit holder may exercise a right under Subdivision A, AA or B only during working hours.
The exercise of the right is part of the permitted activity.
The permit holder can exercise the right during working hours.
Permit holder may hold discussions during mealtimes or breaks.
490(2) When right may be exercised
Permit holder may enter premises under specified conditions.
490(3) When right may be exercised
Comply with reasonable requests for occupational health and safety requirements.
491 Occupational health and safety requirements
492 Location of interviews and discussions
Conduct interviews or hold discussions in agreed premises
492(1) Location of interviews and discussions
Duty to conduct interviews or hold discussions
Permit holder and occupier must agree on interview location.
492(2) Location of interviews and discussions
Permit holder and occupier cannot agree on interview location.
Permit holder may conduct interviews or discussions in certain rooms or areas.
492(3) Location of interviews and discussions
Rooms or areas where one or more persons take meal or breaks overlap with permitted rooms or areas.
(b) that is provided by the occupier for the purpose of taking meal or other breaks.
Permit holder may conduct interviews or discussions.
Permit holder may not be subject to an order if rights under this section are misused.
Note 1: The permit holder may be subject to an order by the FWC under section 508 if rights under this section are misused.
Permit holder must not intentionally hinder or obstruct others exercising rights under this section.
Note 2: A person must not intentionally hinder or obstruct a permit holder exercising rights under this section, or otherwise act in an improper manner (see section 502).
492A Route to location of interview and discussions
Comply with reasonable requests from premises occupier
492A(1) Route to location of interview and discussions
Request under subsection (1) is not unreasonable due to route choice.
492A(2) Route to location of interview and discussions
Route choice does not affect temporal overlap of request and interview.
(2) A request under subsection (1) is not unreasonable only because the route is not that which the permit holder would have chosen.
Request and interview may be recognized as related.
Obligation to provide reasonable route for interview and discussions.
Request and interview may diffuse to same location.
Request and interview may trace to same location.
Prescribes circumstances for a request under subsection (1) to be reasonable.
492A(3) Route to location of interview and discussions
Restriction on entering residential premises
493 Residential premises
Prohibition of entry into residential premises
494 Official must be permit holder to exercise State or Territory
Official must not exercise State or Territory OHS right unless permit holder.
494(1) Official must be permit holder to exercise State or Territory
Official must not exercise State or Territory OHS right.
Right to enter premises requires permit holder
494(2) Official must be permit holder to exercise State or Territory
The State or Territory OHS law has the right to enter premises.
State or Territory OHS law has right to enter premises
(2) A right to enter premises, or to inspect or otherwise access an employee record of an employee that is on premises...
The State or Territory has the obligation to permit holder to exercise the right.
State or Territory has obligation to permit holder to exercise right
The permit holder has the right to enter premises.
Permit holder has right to enter premises
The permit holder has the obligation to exercise the right.
Permit holder has obligation to exercise right
The permit holder has the permission to enter premises.
Permit holder has permission to enter premises
Official must be permit holder to exercise State or Territory
494(3) Official must be permit holder to exercise State or Territory
Temporal interval for permit holder exercise
Official must exercise State or Territory
494(4) Official must be permit holder to exercise State or Territory
494(5) Official must be permit holder to exercise State or Territory
(5) However, sections 499 to 504 do apply in relation to the official:
495 Giving notice of entry
written notice setting out intention and reasons
Exercise of State or Territory OHS right to inspect employee record requires notice and waiting period.
495(1) Giving notice of entry
Exercise of State or Territory OHS right to inspect employee record without notice and waiting period is prohibited.
A person is an affected employer if one or more of their employees perform work on the premises.
495(2) Giving notice of entry
Must not contravene a condition imposed on entry permit
496 Contravening entry permit conditions
permit holder must not contravene a condition
Must produce entry permit upon request for inspection
497 Producing entry permit
Prohibits exercise of State or Territory OHS right without permit
Exercise of State or Territory OHS right during working hours.
498 When right may be exercised
Must comply with requests for occupational health and safety requirements.
499 Occupational health and safety requirements
Prohibits exercise of State or Territory OHS right without compliance.
500 Permit holder must not hinder or obstruct
Refusal or delay of entry onto premises by a permit holder is prohibited.
501 Person must not refuse or delay entry
A person must not refuse or unduly delay entry onto premises by a permit holder who is entitled to enter the premises in accordance with this Part.
This section is a civil remedy provision (see Part 4-1).
502 Person must not hinder or obstruct permit holder etc.
502(1) Person must not hinder or obstruct permit holder etc.
Failure to agree on a place does not constitute conduct referred to in subsection (1).
502(2) Person must not hinder or obstruct permit holder etc.
502(3) Person must not hinder or obstruct permit holder etc.
503 Misrepresentations about things authorised by this Part
Taking action with the intention of giving a false impression that something is authorized by this Part is prohibited.
503(1) Misrepresentations about things authorised by this Part
Prohibition of action with the intention of giving a false impression.
This subsection is a civil remedy provision (see Part 4-1).
No obligation if reasonably believed authorized
503(2) Misrepresentations about things authorised by this Part
Prohibition on using or disclosing information without investigation purpose
504 Unauthorised use or disclosure of information or documents
505 FWC may deal with a dispute about the operation of this Part
FWC may deal with a dispute about the operation of this Part
505(1) FWC may deal with a dispute about the operation of this Part
FWC may impose conditions on an entry permit
505(2) FWC may deal with a dispute about the operation of this Part
505A FWC may deal with a dispute about frequency of entry to hold
FWC may deal with a dispute about frequency of entry to hold discussions or TCF award workers.
505A(1) FWC may deal with a dispute about frequency of entry to hold
FWC may deal with a dispute about frequency of entry to hold
505A(2) FWC may deal with a dispute about frequency of entry to hold
FWC may deal with a dispute about frequency of entry to hold orders
505A(3) FWC may deal with a dispute about frequency of entry to hold
May impose conditions on an entry permit
FWC must be satisfied that frequency of entry is correct before making an order.
505A(4) FWC may deal with a dispute about frequency of entry to hold
FWC may only make an order under subsection (3)
FWC must be satisfied that the frequency of entry is correct before making an order.
FWC is satisfied that the frequency of entry by the permit...
FWC must be satisfied that the frequency of entry by the permit is correct.
the FWC is satisfied that the frequency of entry by the permit...
(4) However, the FWC may only make an order under subsection (3)
506 Contravening order made to deal with dispute
Order made under subsection 505(2) or subsection 505A(3)
507 FWC may take action against permit holder
507(1) FWC may take action against permit holder
FWC must consider permit qualification matters when taking action against a permit holder.
507(2) FWC may take action against permit holder
the timeframe for FWC's action includes considering permit qualification matters
FWC's action is within a timeframe that considers permit qualification matters
In deciding whether to take action under subsection (1), the FWC must take into account the permit qualification matters.
considering permit qualification matters is a condition of taking action
Obligation to consider permit qualification matters
FWC must take action under subsection (1)
considering permit qualification matters is a condition of FWC's action
FWC has a duty to consider permit qualification matters when taking action against a permit holder
The FWC must take into account the permit qualification matters.
the process for FWC's action includes considering permit qualification matters
FWC's action is part of a recurring process that considers permit qualification matters
508 FWC may restrict rights if organisation or official has misused
Restrict rights exercisable under this Part if misuse detected
508(1) FWC may restrict rights if organisation or official has misused
Restrictions on entry permits and exemption certificates for an organisation suspected of misuse.
508(2) FWC may restrict rights if organisation or official has misused
Classifies the organisation as a suspect of misuse.
FWC may restrict rights if organisation or official has misused
508(3) FWC may restrict rights if organisation or official has misused
Prohibition on contravening a term of an order
509 Contravening order made for misuse of rights
510 When the FWC must impose conditions on, revoke or suspend
FWC must revoke or suspend entry permits under certain conditions.
510(1) When the FWC must impose conditions on, revoke or suspend
Revocation or suspension is required within 30 days of payment
FWC must revoke or suspend permits within a certain timeframe
Permit holder was ordered to pay a pecuniary penalty under this Act
Revocation or suspension is implied by court decision
FWC must revoke or suspend permits based on court decisions
Court cancelled or suspended a right of entry for industrial purposes
Revocation or suspension is prohibited based on permit holder's conduct
Prohibition of revocation or suspension based on permit holder's conduct
Permit holder was found to have contravened subsection 503(1)
Revocation or suspension is inferred from Information Commissioner's finding
FWC must revoke or suspend permits based on information commissioner findings
Information Commissioner found substantiated a complaint relating to action taken by the permit holder
FWC is not required to suspend or revoke an entry permit under certain circumstances.
510(2) When the FWC must impose conditions on, revoke or suspend
Suspension or revocation is separate from entry permit
Suspension or revocation does not overlap with entry permit
FWC has permission to suspend or revoke under certain circumstances
Suspension or revocation is affected by circumstances
Harsh/unreasonable circumstances diffuse to suspension or revocation
Suspension or revocation is conditional on circumstances
Suspension or revocation occurs until harsh/unreasonable circumstances are met
FWC must consider previous circumstances when taking action under subsection (1)
510(3) When the FWC must impose conditions on, revoke or suspend
FWC took the circumstance into account on a previous occasion
The FWC took action under subsection (1) on a previous occasion
Subsection (1) does not apply in relation to a circumstance referred to in a paragraph of that subsection if the FWC took the circumstance into account when taking action under that subsection on a previous occasion.
Suspension of entry permit must be for a specified period and does not prevent revocation or imposition of conditions.
511 General rules for suspending entry permits
The suspension must be for a specified period.
The suspension does not prevent revocation or imposition of conditions.
FWC may issue entry permits to officials of organisations that meet certain criteria.
512 FWC may issue entry permits
Official must consider permit qualification matters when deciding fitness and propriety.
513 Considering application
Official must consider permit qualification matters.
FWC must not issue permit under certain conditions.
514 When the FWC must not issue permit
515 Conditions on entry permit
FWC may impose conditions on an entry permit when issued.
515(1) Conditions on entry permit
Consider permit qualification matters when imposing conditions on entry permits.
515(2) Conditions on entry permit
515(3) Conditions on entry permit
Permit ceases to be in force until condition is recorded.
515(4) Conditions on entry permit
Prohibits issuing a permit with conditions.
Avoid contravening an FWC order due to permit conditions
515(5) Conditions on entry permit
516 Expiry of entry permit
Permit expires after 3 years or when holder ceases to be official.
516(1) Expiry of entry permit
Prohibits holding permit after specified period.
(1) Unless it is revoked, an entry permit expires...
FWC may extend old permit period under certain conditions.
516(2) Expiry of entry permit
The period specified must not be longer than the FWC considers necessary.
516(3) Expiry of entry permit
Temporal overlap between the period specified and the FWC's consideration period.
(3) The period specified must not be longer than the FWC considers necessary for it to determine the application.
Prohibition on exceeding the period specified by FWC.
Restriction on the length of the period specified.
Classification of section as an obligation.
Temporal interval contained within the FWC's consideration period.
copies of records or documents, or other information
FWC cannot extend period under subsection (2) if requested information is provided
516(4) Expiry of entry permit
517 Return of entry permits to the FWC
Return entry permit to FWC within 7 days of revocation, suspension, or expiration.
517(1) Return of entry permits to the FWC
Return of entry permits after suspension period ends
517(2) Return of entry permits to the FWC
518 Entry notice requirements
Entry notice must specify premises, day of entry, and organisation.
518(1) Entry notice requirements
Particulars of suspected contraventions or contraventions
Entry notice requirements for certain types of entries under sections 481, 483A, or 483D.
518(2) Entry notice requirements
Entry notice requirements apply between the permit holder's organisation and the affected parties
Must provide particulars of suspected contraventions or contraventions
519 Exemption certificates
Issue exemption certificate to organisation upon application and reasonable belief of hindering investigation.
519(1) Exemption certificates
The timeframe for issuing the exemption certificate is reasonable.
Exemption certificates are issued within a reasonable timeframe after application.
The FWC must issue the certificate (an exemption certificate) within a reasonable timeframe after receiving the application.
The organisation has the right to expect the FWC to issue a certificate.
Issue exemption certificate upon application and reasonable belief.
The FWC must issue a certificate (an exemption certificate) to an organisation for an entry under section 481.
The organisation is not required to have an exemption certificate.
Exemption certificates are not mandatory but may be issued at discretion.
The FWC has the discretion to issue a certificate (an exemption certificate) upon application and reasonable belief.
Exemption certificates are issued in response to repeated applications.
The organisation has applied multiple times and the FWC must issue a certificate (an exemption certificate) upon each application.
Particulars of suspected contravention, organisation name, permit holder names (if applicable)
519(2) Exemption certificates
520 Affected member certificates
Issue affected member certificate on application by organisation
520(1) Affected member certificates
Satisfied that a member performs work on premises
Temporal relation between FWC's satisfaction and issuing certificate
(1) The FWC must, on application by an organisation...
Implication of FWC's satisfaction on issuing certificate
(a) a member of the organisation performs work on particular premises...
Propagation of obligation to issue certificate
Affected member certificate must state certain information.
520(2) Affected member certificates
Regulations dealing with instruments under this Part
521 Regulations dealing with instruments under this Part
521A Meaning of accommodation arrangement
Occupier must provide accommodation arrangement under certain conditions.
521A(1) Meaning of accommodation arrangement
(1) If an occupier of premises enters into an arrangement with an organisation...
Occupier must provide accommodation arrangement if permit holder is assisted to exercise rights.
521A(2) Meaning of accommodation arrangement
Occupier has an obligation to provide accommodation arrangement.
Permit holders are permitted to enter into accommodation arrangements with occupiers.
(2) If an occupier enters into an arrangement with a permit holder...
Occupiers have an obligation to provide accommodation arrangements if they enter into agreements with permit holders.
521B Meaning of transport arrangement
Transport arrangement required for permit holder assistance
521B(1) Meaning of transport arrangement
the transport arrangement is related to the permit holder's exercise of rights.
Transport arrangement relates to permit holder assistance during arrangement
(a) an occupier of premises enters into an arrangement with an organisation;
the arrangement is a transport arrangement.
Transport arrangement implies permit holder assistance
(b) under the terms of the arrangement, a permit holder is provided with transport for the purpose of assisting him or her to exercise rights under this Part;
the arrangement provides transport assistance.
Transport arrangement recognized as providing assistance
Transport arrangement diffuses assistance to permit holder
Occupier of premises must enter into an arrangement with a permit holder.
521B(2) Meaning of transport arrangement
an occupier of premises must enter into an arrangement with a permit holder.
521C Accommodation arrangements for remote areas
Occupier must provide accommodation to permit holder exercising rights.
521C(1) Accommodation arrangements for remote areas
Must provide accommodation if requested by permit holder within reasonable period and unable to enter into arrangement by consent.
521C(2) Accommodation arrangements for remote areas
Occupier must not charge excessive fee for accommodation under arrangement.
521C(3) Accommodation arrangements for remote areas
Permit holder's conduct in accommodation under arrangement is considered exercise of rights
521C(4) Accommodation arrangements for remote areas
521D Transport arrangements for remote areas
Occupier must provide transport for permit holder in remote areas.
521D(1) Transport arrangements for remote areas
Transport arrangements for remote areas must be provided if requested by the permit holder.
521D(2) Transport arrangements for remote areas
Temporal interval for transport provision
The occupier must provide transport if requested.
Employer may stand down employee without pay in certain circumstances.
522 Guide to this Part
523 Meanings of employee and employer
524 Employer may stand down employees in certain circumstances
Employer may stand down employees under certain circumstances.
524(1) Employer may stand down employees in certain circumstances
524(2) Employer may stand down employees in certain circumstances
Employer not required to make payments during stand down period.
524(3) Employer may stand down employees in certain circumstances
An employee is not taken to be stood down under subsection 524(1) during a period when the employee is taking authorised leave.
525 Employee not stood down during a period of authorised leave or
The employee's absence overlaps with the period during which they would otherwise be stood down.
Employee is taking paid or unpaid leave that is authorised by the employer.
The system recognises the employee's absence as authorised leave.
Employee is not stood down under subsection 524(1).
If an employee takes authorised leave, they are not stood down.
Other employees who are also taking authorised leave diffuse to the employee's absence.
The employee's absence diffuses to other employees who are also taking authorised leave.
The employee's absence repeats the pattern of taking authorised leave.
526 FWC may deal with a dispute about the operation of this Part
The FWC may deal with a dispute about the operation of this Part.
526(1) FWC may deal with a dispute about the operation of this Part
FWC may deal with a dispute about the operation of this Part through arbitration, mediation, conciliation, or making a recommendation.
526(2) FWC may deal with a dispute about the operation of this Part
Expresses permission for FWC to deal with disputes.
FWC may deal with a dispute about the operation of this Part on application by certain parties.
526(3) FWC may deal with a dispute about the operation of this Part
FWC must consider fairness in dispute resolution.
526(4) FWC may deal with a dispute about the operation of this Part
Prohibits contravening an FWC order dealing with a dispute about the operation of this Part.
527 Contravening an FWC order dealing with a dispute about the
Sexual harassment is prohibited in certain situations.
527A Guide to this Part
Harassment overlaps with the other person's employment.
Harassment occurs during the same time period as the other person's employment.
The harassment occurs in connection with the other person being a person of the relevant kind.
A stop order is implied in cases of alleged contravention.
Implicates the need for a stop order in cases of alleged contravention.
Applications may be made to the FWC to deal with a dispute about an alleged contravention of this Part...
A court hearing is recognized in cases where a dispute has not been resolved.
Recognizes the need for a court hearing in cases where a dispute has not been resolved by the FWC.
In most cases, a dispute about an alleged contravention of this Part will be dealt with by a court only if the dispute has not been resolved by the FWC.
The other person is a worker in a business or undertaking...
Responsibility for sexual harassment is diffused to employees or agents.
Diffuses responsibility for sexual harassment to employees or agents.
Persons may be liable for acts contravening this Part that are performed by their employees or agents.
527B Meaning of employee and employer
Object of this Part is to give effect, or further effect, to Chapter 3 Rights and responsibilities of employees, employers, organisations etc.
527C Object of this Part
527CA Concurrent operation of State and Territory laws
No exclusion of concurrent State and Territory laws
527CA(1) Concurrent operation of State and Territory laws
(1) This Part does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.
Concurrent operation of State and Territory laws
527CA(2) Concurrent operation of State and Territory laws
Allowing concurrent operation of State and Territory laws to prevent sexual harassment or deal with disputes related to it.
527CA(3) Concurrent operation of State and Territory laws
Granting permission for concurrent operation of laws.
Section 26 has effect subject to this section.
527CA(4) Concurrent operation of State and Territory laws
527D Prohibiting sexual harassment in connection with work
Prohibits sexual harassment in connection with work
527D(1) Prohibiting sexual harassment in connection with work
527D(2) Prohibiting sexual harassment in connection with work
When a person is a worker in a business or undertaking
A person carrying out work for a business or undertaking is considered a worker in that business or undertaking.
527D(3) Prohibiting sexual harassment in connection with work
Defines meaning of terms for Work Health and Safety Act 2011 in this section.
527D(4) Prohibiting sexual harassment in connection with work
527E Vicarious liability etc.
Principal liable for employee's actions under certain circumstances.
527E(1) Vicarious liability etc.
The Act applies to the principal if they had also done the act during the same temporal interval.
Temporal overlap between employee's actions and the Act's application
Employee's actions occur during their employment or duties as an agent.
The principal is liable for the employee's actions under certain circumstances.
Inference of liability from employee's actions
Employee's actions are subject to the Act's application.
Artificial intelligence inference of liability
Principal is liable for employee's actions under certain circumstances.
Employee's actions are subject to the principal's liability.
Spread of liability from employee to principal
Principal must take reasonable steps to prevent employee/agent from contravening subsection 527D(1).
527E(2) Vicarious liability etc.
Reasonable steps occurred within a specific temporal interval
Principal took all reasonable steps to prevent employee/agent from doing acts that would contravene subsection 527D(1)
Obligation to prevent contravention exists
Inference of obligation based on principal's actions
Principal's cognitive action prevents contravention
Cognitive action of principal in preventing employee/agent from contravening subsection 527D(1)
Principal must take reasonable steps to prevent employee/agent from doing acts that would contravene subsection 527D(1)
Employee/agent cannot contravene subsection 527D(1)
Obligation diffuses through principal's actions
Diffusion of obligation through principal's actions
Commonwealth liable for act done by defence member
527E(2A) Vicarious liability etc.
This Act applies in relation to the Commonwealth...
(2A) If a person does an act that contravenes subsection 527D(1)
Implication of liability on Commonwealth action
The Commonwealth must take reasonable steps to prevent the person from doing acts that would contravene subsection 527D(1).
527E(2B) Vicarious liability etc.
No vicarious liability for certain subsections
527E(3) Vicarious liability etc.
527F Application for the FWC to deal with a sexual harassment
A person may apply for the FWC to deal with a sexual harassment dispute.
527F(1) Application for the FWC to deal with a sexual harassment
The FWC may allow an application to be amended if, for example, the applicant wishes the FWC to deal with the dispute in a way not initially applied for.
...the applicant may make a sexual harassment court application.
If the FWC has dealt with the dispute as mentioned in paragraph (b) and is satisfied that all reasonable attempts to resolve the dispute...
The FWC has dealt with the dispute as mentioned in paragraph (b).
May apply for the FWC to deal with a sexual harassment dispute.
List of persons entitled to deal with sexual harassment
527F(2) Application for the FWC to deal with a sexual harassment
Cannot apply for a stop sexual harassment order if the aggrieved person was a defence member at the time of alleged harassment.
527F(3) Application for the FWC to deal with a sexual harassment
Excluded from applying for stop sexual harassment order
Exclusion based on temporal relationship between defence membership and alleged harassment
aggrieved person was a defence member at the time of alleged harassment
Knowledge representation of individuals who cannot apply for a stop sexual harassment order
Prohibition on applying for a stop sexual harassment order
Cannot apply for stop sexual harassment order
Recurring trace based on defence membership and alleged harassment
Validation of individuals who cannot apply for a stop sexual harassment order
Industrial associations may represent aggrieved persons for applications.
527F(4) Application for the FWC to deal with a sexual harassment
Dismissal of applications under section 527F after a certain time period.
527G Time for application
527H Application fees
527H(1) Application fees
527H(2) Application fees
527J Stop sexual harassment orders
The FWC may make an order to prevent sexual harassment.
527J(1) Stop sexual harassment orders
FWC must deal with stop sexual harassment order applications within 14 days.
527J(2) Stop sexual harassment orders
FWC must consider certain outcomes and procedures when issuing a stop sexual harassment order.
527J(3) Stop sexual harassment orders
Mandatory consideration of outcomes and procedures
Application for stop sexual harassment order may be dismissed if it relates to Australia's defence, national security, covert operation, or international operation.
527J(4) Stop sexual harassment orders
Prohibition on contravening a stop sexual harassment order
527K Contravening a stop sexual harassment order
A person to whom a stop sexual harassment order applies
527L Actions under work health and safety laws permitted
Includes corresponding provisions of WHS laws
Prejudicial action to Australia's defence, national security, or covert/ international operations of the Australian Federal Police.
527M This Subdivision is not to prejudice Australia’s defence,
Action overlaps with specified temporal intervals if it would be prejudicial.
Identifies temporal intervals where action would be prejudicial.
...or could reasonably be expected to be, prejudicial to:
System recognizes action as potentially prejudicial if it relates to specified interests.
Describes how system recognizes action as potentially prejudicial.
Action is prohibited if it would be prejudicial to specified interests.
Prohibits taking or refraining from taking action that would be prejudicial to specified interests.
Nothing in this Subdivision requires or permits a person to take, or to refrain from taking, any action...
Action diffuses into specified interests if it would be prejudicial.
Describes how action affects specified interests.
Action occurs before specified conditions if it would be prejudicial.
Describes conditions under which action is prohibited.
...or the taking of the action, or the refraining from taking the action...
527N Declarations by the Chief of the Defence Force
The Chief of the Defence Force may declare exemptions from certain provisions.
527N(1) Declarations by the Chief of the Defence Force
Describes the time period during which exemptions are allowed
(1) Without limiting section 527M, the Chief of the Defence Force may, by legislative instrument, declare that all or specified provisions of this Subdivision do not apply in relation to a specified activity.
Describes the method used to make exemptions
Describes the mechanism through which exemptions are communicated
Describes the purpose for which exemptions are made
527N(2) Declarations by the Chief of the Defence Force
527P Declarations by the Director-General of Security
Director-General may declare exemptions from Subdivision provisions
527P(1) Declarations by the Director-General of Security
527P(2) Declarations by the Director-General of Security
Declaration has effect during the period of approval
527Q Declarations by the Director-General of ASIS
Permits Director-General to declare exemptions from certain provisions.
527Q(1) Declarations by the Director-General of ASIS
Describes the temporal scope of the exemption.
(1) Without limiting section 527M, the Director-General of the Australian Secret Intelligence Service may, by legislative instrument, declare that all or specified provisions of this Subdivision do not apply in relation to a person carrying out work for the Director-General.
Describes the mechanism by which the exemption is granted.
527Q(2) Declarations by the Director-General of ASIS
527R Dealing with a sexual harassment dispute (other than by
FWC must deal with a dispute (other than by arbitration) if an application is made under section 527F and does not consist solely of an application for a stop sexual harassment order.
527R(1) Dealing with a sexual harassment dispute (other than by
Private conferences for dealing with sexual harassment disputes
527R(2) Dealing with a sexual harassment dispute (other than by
527R(3) Dealing with a sexual harassment dispute (other than by
527S Dealing with a sexual harassment dispute by arbitration
Notification within 60 days after certificate issue or application made during/after those 60 days
Notification of FWC for arbitration of sexual harassment dispute
527S(1) Dealing with a sexual harassment dispute by arbitration
Obligation to notify FWC for arbitration of sexual harassment dispute
The FWC must remove a party from the dispute and notify them.
527S(2) Dealing with a sexual harassment dispute by arbitration
The FWC must remove a party from the dispute.
FWC may make orders to redress loss or damage suffered by an aggrieved person in relation to a dispute.
527S(3) Dealing with a sexual harassment dispute by arbitration
The FWC's actions occur between the dispute and redressing loss or damage.
FWC must make orders to redress loss or damage suffered by an aggrieved person in relation to a dispute.
527T Limitation on taking a sexual harassment dispute to court
No court application allowed unless FWC has issued a certificate or interim injunction is applied for.
527T(1) Limitation on taking a sexual harassment dispute to court
A court application is prohibited unless this condition is met
Identifies the FWC's role in certifying disputes
The FWC has issued a certificate under paragraph 527R(3)(a)
Specifies the time frame for making a court application
The sexual harassment court application must be made within a period specified in subsection (3)
A court application is permitted if it includes this condition
Allows for interim injunction applications
The sexual harassment court application includes an application for an interim injunction
A sexual harassment court application is an application to a court under Division 2 of Part 4-1 for orders in relation to a contravention of Division 2 of this Part.
527T(2) Limitation on taking a sexual harassment dispute to court
Imposes a duty on the employer to prevent sexual harassment.
Specify periods for taking a sexual harassment dispute to court
527T(3) Limitation on taking a sexual harassment dispute to court
National system employer obligations regarding employee dismissals and records.
528 Guide to this Part
Employer must notify CEO of proposed dismissals.
529 Meanings of employee and employer
employee means a national system employee
rights and responsibilities of employees, employers, organisations etc.
530 Employer to notify Centrelink of certain proposed dismissals
Written notice about the proposed dismissals
Employer must notify Centrelink of certain proposed dismissals.
530(1) Employer to notify Centrelink of certain proposed dismissals
530(2) Employer to notify Centrelink of certain proposed dismissals
Dismissals must occur after notice is given.
(2) The notice must be in the form (if any) prescribed by the regulations and set out:
530(3) Employer to notify Centrelink of certain proposed dismissals
530(4) Employer to notify Centrelink of certain proposed dismissals
Employer has a duty to notify Centrelink.
Employer must not dismiss employees except as permitted by the order.
530(5) Employer to notify Centrelink of certain proposed dismissals
Prohibits dismissal of employees without permission.
531 FWC may make orders where failure to notify or consult
Notification of relevant registered employee associations
Employer must notify registered employee associations before dismissing 15 or more employees.
531(1) FWC may make orders where failure to notify or consult
Employer must comply with notification requirement
Notice of proposed dismissals and reasons
Employer must notify registered employee association of proposed dismissals and reasons.
531(2) FWC may make orders where failure to notify or consult
532 Orders that the FWC may make
The FWC may make orders to put employees in the same position as if the employer had complied with subsections 531(2) and (3).
532(1) Orders that the FWC may make
FWC cannot make orders for certain things
532(2) Orders that the FWC may make
Application for an FWC order is required.
533 Application for an FWC order
Exemptions from application of Division 534
534 Limits on scope of this Division
535 Employer obligations in relation to employee records
employee records of the kind prescribed by the regulations in relation to each of its employees
Employer must keep employee records for 7 years.
535(1) Employer obligations in relation to employee records
Employer must provide employee records in prescribed form and include required information.
535(2) Employer obligations in relation to employee records
Employer must comply with regulations regarding employee records inspection.
535(3) Employer obligations in relation to employee records
Employer must not make or keep false records.
535(4) Employer obligations in relation to employee records
Employer obligations in relation to employee records do not apply if the record is not false or misleading in a material particular.
535(5) Employer obligations in relation to employee records
Employer must provide pay slip within one working day of paying an employee.
536 Employer obligations in relation to pay slips
Employer has a duty to provide pay slip.
Corrupting benefits provided to or in relation to organisations are prohibited.
536A Guide to this Part
536AA Employer obligations in relation to advertising rates of pay
Employer cannot advertise employment at a rate of pay that contravenes the Act or a fair work instrument.
536AA(1) Employer obligations in relation to advertising rates of pay
...if the advertised employment occurred:
Temporal interval for advertising employment rates.
...contravene either of the following...
Prohibition of advertising employment at a rate of pay that contravenes the Act or a fair work instrument.
Employer must specify rate of pay in advertising
536AA(2) Employer obligations in relation to advertising rates of pay
Employer has a reasonable excuse to exempt from subsections (1) and (2)
536AA(3) Employer obligations in relation to advertising rates of pay
536B Meanings of employee and employer
536C Concurrent operation of State and Territory laws
No exclusion of concurrent operation of State and Territory laws
536C(1) Concurrent operation of State and Territory laws
This Part does not exclude or limit the operation of a law of a State or Territory
536C(2) Concurrent operation of State and Territory laws
States and Territories may not provide different penalties or fault elements for the same offence.
536C(3) Concurrent operation of State and Territory laws
States and Territories' laws may overlap with the Commonwealth's laws for the same offence.
State/Territory law differs from Commonwealth law.
States and Territories' laws must be consistent with the Commonwealth's laws for the same offence.
No difference in penalties or fault elements allowed.
States and Territories must not provide different penalties or fault elements.
No difference in defences or exceptions allowed.
States and Territories must not provide different defences or exceptions for the same offence.
States and Territories' laws are valid if they do not differ from the Commonwealth's laws for the same offence.
536CA Dishonesty
536CA(1) Dishonesty
Determination of dishonesty is a matter for the trier of fact.
536CA(2) Dishonesty
536D Giving, receiving or soliciting a corrupting benefit
Receiving or soliciting a corrupting benefit is prohibited.
536D(1) Giving, receiving or soliciting a corrupting benefit
Requesting, receiving or soliciting a corrupting benefit is an offence.
536D(2) Giving, receiving or soliciting a corrupting benefit
Prohibits requesting, receiving or soliciting a corrupting benefit.
Defendant's intention does not need to be in relation to a particular registered organisations officer or employee.
536D(3) Giving, receiving or soliciting a corrupting benefit
Defines who is considered a registered organisations officer or employee.
536E Meaning of registered organisations officer or employee
an officer (within the meaning of the Registered Organisations Act) of an organisation or branch of an organisation
Defines the temporal relationship between the subject and the organisation.
Each of the following is a registered organisations officer or employee:
Establishes the identity of the subject.
an employee of an organisation or branch of an organisation
Establishes the temporal relationship between the subject and the organisation.
536F Giving a cash or in kind payment
Providing cash or in-kind payment to an employee organisation or prohibited beneficiary is prohibited.
536F(1) Giving a cash or in kind payment
(1) A person (the defendant) commits an offence...
Exemptions from subsection (1) of section 536F
536F(3) Giving a cash or in kind payment
536F(4) Giving a cash or in kind payment
536G Receiving or soliciting a cash or in kind payment
Receiving or soliciting a cash or in kind payment from an employee organisation's employer is prohibited.
536G(1) Receiving or soliciting a cash or in kind payment
Exemption from subsection (1) for certain payments
536G(2) Receiving or soliciting a cash or in kind payment
536H Implied freedom of political communication
Implies that the Division does not apply to any extent that infringes on implied freedom of political communication.
536H(1) Implied freedom of political communication
The Division's applicability is limited by its potential infringement on implied freedom of political communication within a certain scope.
Describes a temporal interval relationship.
(1) This Division does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.
Describes the processing of knowledge or information.
The Division does not apply to any extent that infringes on implied freedom of political communication.
Describes the spread of information or influence.
Describes an ordered temporal interval relationship.
No limitation on section 15A of the Acts Interpretation Act 1901
536H(2) Implied freedom of political communication
536J Guide to this Part
Defines employee and employer terms for the Fair Work Act 2009.
536JA Meaning of employee and employer
Prohibition on contravening a minimum standards order
536JB Contravening a minimum standards order
Forbids contravention of a minimum standards order
536JC The significance of a minimum standards order applying to a
A minimum standards order does not impose obligations on a person, unless the order applies to the person.
536JC(1) The significance of a minimum standards order applying to a
A minimum standards order does not give a person an entitlement unless the order applies to the person.
536JC(2) The significance of a minimum standards order applying to a
A minimum standards order applies to a regulated worker if it covers and is in operation.
536JD When a minimum standards order applies to a person
536JE When a minimum standards order covers a regulated worker
A minimum standards order covers a regulated worker or business if expressed to do so.
536JE(1) When a minimum standards order covers a regulated worker
A minimum standards order covers a regulated worker or business if it provides or has the effect of covering them under certain conditions.
536JE(2) When a minimum standards order covers a regulated worker
The coverage is during the provision or effect of the order.
The order covers the worker or business if it provides or has the effect of covering them under certain conditions.
There is an implication from the provision or effect of the order to the coverage.
The order provides or has the effect of covering the worker or business.
There is an obligation to cover the worker or business.
There is a diffusion from the provision or effect of the order to the coverage.
The coverage is until the provision or effect of the order.
Minimum standards order does not cover a regulated worker if any of Chapter 3A Minimum standards for regulated workers applies.
536JE(3) When a minimum standards order covers a regulated worker
536JF When a minimum standards order is in operation
Minimum standards order comes into operation on specified day.
536JF(1) When a minimum standards order is in operation
Minimum standards order must not be made before specified day.
536JF(2) When a minimum standards order is in operation
Minimum standards order starts at specified day.
(2) The specified day must not be earlier than the day on which the minimum standards order is made.
Minimum standards order implies a specific day for its commencement.
Minimum standards order inference engine infers a specific day for its commencement.
Prohibition on making minimum standards order before specified day.
Minimum standards order propagates to all relevant parties on specified day.
Specifies a day for an employee-like worker minimum standards order that allows sufficient time for consultation.
536JF(2A) When a minimum standards order is in operation
Minimum standards order commencement delay
536JF(3) When a minimum standards order is in operation
Specify a day not earlier than 6 months after the relevant notice of intent for the order was published, if circumstances urgently require it.
536JF(3A) When a minimum standards order is in operation
Specify a day not earlier than 6 months after the relevant notice of intent for the order was published.
Conditional commencement of a minimum standards order determination
536JF(4) When a minimum standards order is in operation
Minimum standards orders operate until revoked
536JF(5) When a minimum standards order is in operation
Minimum standards order continues in operation until revoked.
536JF(6) When a minimum standards order is in operation
Relevant notice of intent for employee-like worker minimum standards order must be published at the same time as the draft.
536JF(6A) When a minimum standards order is in operation
Must publish notice of intent at the same time as draft
Relevant notice of intent must be published at the same time as the draft order.
536JF(7) When a minimum standards order is in operation
536JG When minimum standards guidelines cover a regulated
Guidelines cover regulated workers or businesses if they explicitly state so.
536JG(1) When minimum standards guidelines cover a regulated
(1) Minimum standards guidelines cover a regulated worker or a regulated business if the guidelines are expressed to cover the regulated worker or the regulated business.
Guidelines cover regulated workers or businesses under certain conditions.
536JG(2) When minimum standards guidelines cover a regulated
Guidelines apply during the provision of this Act.
(2) Minimum standards guidelines also cover a regulated worker or a regulated business if any of the following provides, or has the effect, that the guidelines cover the regulated worker or the regulated business:
Regulated worker or business must meet guidelines.
536JH When minimum standards guidelines are in operation
Minimum standards guidelines come into operation on the specified day.
536JH(1) When minimum standards guidelines are in operation
Minimum standards guidelines must not be earlier than the day they are made.
536JH(2) When minimum standards guidelines are in operation
(2) The specified day must not be earlier than the day on which the minimum standards guidelines are made.
Determination takes effect on specified day
536JH(3) When minimum standards guidelines are in operation
Determination takes effect during specified day
Minimum standards guidelines cannot be earlier than the day of determination.
536JH(4) When minimum standards guidelines are in operation
The specified day must not be earlier than the day on which the determination is made.
Minimum standards guidelines continue in operation until revoked.
536JH(5) When minimum standards guidelines are in operation
Prohibition on contravening a collective agreement term.
536JJ Contravening a collective agreement
536JK The significance of a collective agreement applying to a
A collective agreement imposes obligations on a person unless the agreement applies to the person.
536JK(1) The significance of a collective agreement applying to a
(2) The agreement applies to the person if and only if the person is subject to the agreement during some time interval I.
A and B overlap if there exists a time interval I such that A starts before I ends and I ends after B starts.
(1) Collective agreement does not impose obligations on a person, and a person does not contravene a term of a collective agreement, unless the agreement applies to the person.
(2) The agreement is a rule that governs the behavior of persons if and only if every person is subject to the agreement.
A is a subclass of B if A is an instance of B.
(B) A collective agreement imposes obligations on a person unless the agreement applies to the person.
(A) Collective agreement does not impose obligations on a person, and a person does not contravene a term of a collective agreement, unless the agreement applies to the person.
(2) The agreement applies to all persons if and only if every person is subject to the agreement.
A diffuses B if every instance of A is an instance of B.
(2) The agreement imposes obligations on a person only during some time interval I.
A holds until B if A starts before B ends.
Entitlement requires application to the person.
536JK(2) The significance of a collective agreement applying to a
A collective agreement applies to a regulated worker if it covers and is in operation.
536JL When a collective agreement applies to a person
The collective agreement applies to the regulated worker if it meets all conditions.
(a) The collective agreement covers the regulated worker; (b) The collective agreement is in operation; (c) No other provision of this Act provides, or has the effect, that the collective agreement does not apply to the regulated worker.
536JM When a collective agreement covers a regulated worker, a
A collective agreement covers a regulated worker, business or organisation if the agreement is expressed to cover.
536JM(1) When a collective agreement covers a regulated worker, a
A collective agreement covers a regulated worker, business or organisation if it provides or has the effect that it covers them.
536JM(2) When a collective agreement covers a regulated worker, a
Coverage of regulated worker, business or organisation
A collective agreement does not cover a regulated worker, business or organisation if any of the following provides, or has the effect, that the agreement does not cover.
536JM(3) When a collective agreement covers a regulated worker, a
Collective agreement no longer covers regulated worker, business or organisation.
536JM(4) When a collective agreement covers a regulated worker, a
a collective agreement that has ceased to operate does not cover regulated worker, a regulated business or an organisation.
Excludes collective agreement coverage during cessation period
Analyzes exclusion of collective agreement coverage during cessation period
Diffuses exclusion of collective agreement coverage during cessation period
Recurring exclusion of collective agreement coverage during cessation period
Collective agreement comes into operation on registration day or specified later day.
536JN When a collective agreement is in operation
Exclusion of certain State and Territory laws from affecting regulated workers, businesses, or parties to services contracts.
536JP Exclusion of certain State and Territory laws
Excludes certain laws from affecting regulated entities.
Applies to explicit class/type/subclass hierarchies.
536JQ What are workplace relations matters
Defines workplace relations matters for the purposes of this Chapter.
536JQ(1) What are workplace relations matters
Exclusion of certain matters from workplace relations
536JQ(2) What are workplace relations matters
536JR What is an unfairness ground
Unfairness grounds in relation to a services contract
536JR(1) What is an unfairness ground
Grounds specified in subsection (1) are not unfairness grounds to the extent that they relate to matters not covered by workplace relations.
536JR(2) What is an unfairness ground
These grounds are not unfairness grounds to the extent that they relate to matters not covered by workplace relations.
Temporal overlap between grounds and non-workplace relations matters
Subsection (1) specifies grounds for unfairness
Recognition of non-workplace relations matters through grounds
Excluding certain grounds from unfairness grounds
Diffusion of non-workplace relations matters through grounds
Temporal containment of non-workplace relations matters within grounds
536JS Interaction of minimum standards orders with State and
Minimum standards order prevails over State law to extent of inconsistency.
536JS(1) Interaction of minimum standards orders with State and
Chapter applies to the exclusion of other laws affecting employee-like worker rights.
536JS(1A) Interaction of minimum standards orders with State and
Chapter applies to the exclusion of other laws.
Interaction of minimum standards orders with State and Territory laws
536JS(2) Interaction of minimum standards orders with State and
...to the extent that the law is so specified;
Term applies to specified State or Territory law
(a) a law of a State or Territory specified in regulations...
Reference to a regulation, rule or other instrument made pursuant to a law of a State or Territory
536JS(3) Interaction of minimum standards orders with State and
536JT Authorisation of conduct for the purposes of the Competition
Authorises collective agreements under specific circumstances.
536JT(1) Authorisation of conduct for the purposes of the Competition
Authorisation of conduct for making collective agreements
536JT(2) Authorisation of conduct for the purposes of the Competition
(2) For the purposes of subsection 51(1)
Authorisation of conduct for the purposes of the Competition
536JT(3) Authorisation of conduct for the purposes of the Competition
Conduct is not specified in or specifically authorised by this Act if it satisfies certain conditions.
536JT(4) Authorisation of conduct for the purposes of the Competition
Indicates permission to engage in conduct
Sets minimum standards for regulated workers
536JV Guide to this Part
Defines employee and employer terms for minimum standards regulation.
536JW Meaning of employee and employer
Defines key terms with ordinary meanings.
clear and simple standards, fair and relevant standards, standards that recognize the perspectives of regulated workers, etc.
The FWC must take into account the need for minimum standards for regulated workers.
536JX The minimum standards objective
536JY Minimum standards orders
FWC may make minimum standards orders for employee-like workers and regulated road transport contractors.
536JY(1) Minimum standards orders
Minimum standards order for employee-like workers is an obligation.
536JY(2) Minimum standards orders
employee-like worker minimum standards order
A minimum standards order for regulated road transport contractors is a road transport minimum standards order.
536JY(3) Minimum standards orders
FWC may make minimum standards order on its own initiative or on application.
536JY(4) Minimum standards orders
Obligation to make minimum standards order
Organisations may apply for minimum standards orders
536JZ Applications for minimum standards orders
536K Particular matters FWC must take into account in making a
Publish notice of intent and draft proposed order before making employee-like worker minimum standards order. FWC must take into account certain matters when making a decision on employee-like worker minimum standards orders.
536K(1) Particular matters FWC must take into account in making a
Publish notice and draft before making order
Publish notice and draft order on website and other means. Consider persons included in class of employee-like workers
536K(2) Particular matters FWC must take into account in making a
Particular matters FWC must take into account in making a decision
FWC must decide to refuse to consider an application if not satisfied about employee-like workers.
536K(3) Particular matters FWC must take into account in making a
Decision-making process is about employee-like workers
Classification of FWC's decision-making process
FWC must engage with parties and follow consultation process before making or varying employee-like worker minimum standards order.
536K(4) Particular matters FWC must take into account in making a
Obligation to engage with parties and follow consultation process.
536KA Particular matters FWC must take into account in making a
FWC must take into account certain matters when making a road transport minimum standards order.
536KA(1) Particular matters FWC must take into account in making a
...the FWC must take into account these matters.
Temporal relation between consideration and action
(a) an application is made for a road transport minimum standards order...
Classification of AI systems in relation to consideration
(b) the FWC is considering making or varying a minimum standards order...
FWC must consult parties and Road Transport Advisory Group before making or varying road transport minimum standards orders.
536KA(2) Particular matters FWC must take into account in making a
FWC must have regard to commercial realities of the road transport industry.
(d) must have regard to the commercial realities of the road transport industry; and
Obligation to consult parties and Road Transport Advisory Group.
FWC must be satisfied that making or varying the road transport minimum standards order will not unduly affect the viability and competitiveness of owner drivers or other similar persons.
(e) must be satisfied that making or varying the road transport minimum standards order will not unduly affect the viability and competitiveness of owner drivers or other similar persons.
(a) must not make or vary the road transport minimum standards order unless there has been genuine engagement with the parties to be covered; and
536KB FWC to prepare and publish a draft of a road transport
Publish a notice of intent and a draft of the proposed road transport minimum standards order.
536KB(1) FWC to prepare and publish a draft of a road transport
FWC must publish notice and draft on website and other means.
536KB(2) FWC to prepare and publish a draft of a road transport
536KC Affected persons and bodies to have a reasonable
Ensure affected entities have a reasonable opportunity to make written submissions.
536KC(1) Affected persons and bodies to have a reasonable
The FWC must publish submissions made to the FWC.
536KC(2) Affected persons and bodies to have a reasonable
536KC(3) Affected persons and bodies to have a reasonable
The FWC may hold a hearing in relation to a draft order.
536KD Hearings in relation to draft order
536KE Finalising draft order
The FWC may make changes to a draft order.
536KE(1) Finalising draft order
If changes are significant, FWC must decide not to make order and publish revised draft.
536KE(2) Finalising draft order
Publish notice of decision on website and other means.
536KF Decision not to make order based on the draft
Subdivision E—Decisions on minimum standards orders
536KG Decisions on applications for minimum standards orders
Decision on application for minimum standards order
536KG(1) Decisions on applications for minimum standards orders
Refusal of application based on prioritisation direction
536KG(2) Decisions on applications for minimum standards orders
536KH Terms that must be included in an employee-like worker
Employee-like worker minimum standards order must include specific terms.
536KH(1) Terms that must be included in an employee-like worker
Employee-like worker minimum standards order must cover specified digital labour platform operators and employee-like workers.
536KH(2) Terms that must be included in an employee-like worker
Specify digital labour platform operators responsible for employee-like worker entitlements.
536KH(3) Terms that must be included in an employee-like worker
Specify digital labour platform operators
Digital labour platform operators and employee-like workers must be specified by inclusion in a specified class or classes.
536KH(4) Terms that must be included in an employee-like worker
A requirement exists for digital labour platform operators and employee-like workers to be specified.
Class description must include industry or sector reference
536KH(5) Terms that must be included in an employee-like worker
536KJ Terms that must be included in a road transport minimum
(a) the work in the road transport industry covered by the road transport minimum standards order; (b) the regulated road transport contractors covered by the road transport minimum standards order; (c) the road transport businesses covered by the road transport minimum standards order.
Must include terms in road transport minimum standards order
536KJ(1) Terms that must be included in a road transport minimum
(a) the work in the road transport industry covered by the road transport minimum standards order.
(c) the road transport businesses covered by the road transport minimum standards order.
Covers regulated road transport contractors
(b) the regulated road transport contractors covered by the road transport minimum standards order.
Must include specified road transport businesses and contractors in a minimum standards order.
536KJ(2) Terms that must be included in a road transport minimum
Road transport businesses must be specified by inclusion in a specified class or classes.
536KJ(3) Terms that must be included in a road transport minimum
Class description may be by reference to industry or sector
536KJ(4) Terms that must be included in a road transport minimum
A minimum standards order must include a term that provides a procedure for settling disputes about any matters arising under the order.
536KK Term about settling disputes must be included in a
Obligation to provide a procedure for settling disputes
536KL Terms that may be included in a minimum standards order
Terms that may be included in a minimum standards order
536KL(1) Terms that may be included in a minimum standards order
Overlaps with record-keeping in relation to matters covered by the Act
(d) record-keeping in relation to matters covered by or required by this Act, or by an order or instrument made under this Act, being matters that concern regulated workers or regulated businesses;
Includes terms about payment terms, deductions, etc.
Occurs during the implementation of minimum standards orders
(1) A minimum standards order may include terms about any of the following matters:
No limitation on terms in minimum standards order
536KL(2) Terms that may be included in a minimum standards order
536KM Terms that must not be included in a minimum standards
Terms that must not be included in a minimum standards order Terms about penalty rates, payment for time before or between engagements, and minimum engagement periods must not be included in an employee-like worker minimum standards order.
536KM(1) Terms that must not be included in a minimum standards
(f) a matter prescribed by the regulations, or belonging to a class of matter prescribed by the regulations for the purposes of this paragraph.
Excluded matters are excluded from the scope of the minimum standards order
(a) overtime rates; (b) rostering arrangements; (c) matters that are primarily of a commercial nature that do not affect the terms and conditions of engagement of regulated workers covered by the minimum standards order; (d) a term that would change the form of the engagement or the status of regulated workers covered by the minimum standards order including, but not limited to, a term that deems a regulated worker to be an employee; (e) a matter relating to work health and safety that is otherwise comprehensively dealt with by a law of the Commonwealth, a State or a Territory;
The state prohibits the inclusion of these terms.
Excluded matters are diffused throughout the minimum standards order
Regulations may specify matters not covered by Commonwealth, State or Territory laws.
536KM(3) Terms that must not be included in a minimum standards
Regulations may specify matters not covered by laws.
536KN Further terms that must not be included in a road transport
Cannot include certain matters in a road transport minimum standards order.
536KN(1) Further terms that must not be included in a road transport
Excludes certain matters from being included in a road transport minimum standards order due to temporal overlap.
(b) a matter prescribed by the regulations, or belonging to a class of matter prescribed by the regulations.
Classifies certain matters as prohibited in a road transport minimum standards order using artificial intelligence.
(a) a matter relating to road transport that is otherwise comprehensively dealt with: (i) by the Heavy Vehicle National Law as set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Qld); or (ii) by another law of the Commonwealth, a State or a Territory;
Prohibits including certain matters in a road transport minimum standards order.
(1) In addition to the matters in section 536KM, a road transport minimum standards order must not include terms about any of the following matters:
Regulations may specify matters dealt with comprehensively by the Heavy Vehicle National Law.
536KN(2) Further terms that must not be included in a road transport
Schedule to the Heavy Vehicle National Law Act 2012 (Qld)
Heavy Vehicle National Law Act 2012 (Qld)
Prohibition on including certain matters in regulations
(2) For the purposes of paragraph (1)(b):
536KO Achieving the minimum standards objective
Organisations and businesses can apply for a determination to vary or revoke minimum standards orders.
536KP Applications to vary or revoke minimum standards orders
Allows the FWC to vary or revoke minimum standards orders.
FWC may vary or revoke minimum standards orders if consistent with the minimum standards objective.
536KQ FWC may vary or revoke minimum standards orders if
536KR Minimum standards guidelines
The FWC may make minimum standards guidelines.
536KR(1) Minimum standards guidelines
Minimum standards guidelines for employee-like workers are employee-like worker guidelines.
536KR(2) Minimum standards guidelines
Must provide minimum standards guidelines
Minimum standards guidelines for regulated road transport contractors are road transport guidelines.
536KR(3) Minimum standards guidelines
(3) Minimum standards guidelines for regulated road transport contractors are road transport guidelines.
FWC may make minimum standards guidelines under this section
536KR(4) Minimum standards guidelines
Organisations and businesses may apply for minimum standards guidelines.
536KS Applications for minimum standards guidelines
536KT Initial matter to be considered for employee-like worker
This section applies to a decision to make or vary employee-like worker guidelines.
536KT(1) Initial matter to be considered for employee-like worker
Consider persons included in class of employee-like workers before making a decision under section 536KU.
536KT(2) Initial matter to be considered for employee-like worker
The FWC considers whether, on the whole, the persons included (or purportedly included) in the class of employee-like workers to be covered by the minimum standards guidelines, or the guidelines as proposed to be varied, are employee-like workers.
Temporal interval for consideration of persons included in class of employee-like workers
(2) Before making a decision under section 536KU, the FWC must...
The FWC recognizes whether, on the whole, the persons included (or purportedly included) in the class of employee-like workers to be covered by the minimum standards guidelines, or the guidelines as proposed to be varied, are employee-like workers.
Recognition of persons included in class of employee-like workers
The FWC MUST consider whether, on the whole, the persons included (or purportedly included) in the class of employee-like workers to be covered by the minimum standards guidelines, or the guidelines as proposed to be varied, are employee-like workers.
Obligation to consider persons included in class of employee-like workers
The persons included (or purportedly included) in the class of employee-like workers to be covered by the minimum standards guidelines, or the guidelines as proposed to be varied, are employee-like workers.
Consider persons included in class of employee-like workers is a requirement for decision-making under section 536KU
Diffusion of consideration to persons included in class of employee-like workers
Recurring consideration of persons included in class of employee-like workers
FWC must decide to refuse or not consider the application
536KT(3) Initial matter to be considered for employee-like worker
536KU Decisions on applications for minimum standards guidelines
The FWC may decide to refuse, make, or not make minimum standards guidelines.
536KU(1) Decisions on applications for minimum standards guidelines
536KU(2) Decisions on applications for minimum standards guidelines
No minimum standards guidelines can be made for regulated workers and businesses under the same matters as an existing order.
536KV Minimum standards guidelines not to be made if a minimum
During the operation of an existing order
Minimum standards guidelines must include specific terms.
536KW Terms that must be included in minimum standards
Terms that may be included in minimum standards
536KX Terms that may be included in minimum standards
Describes the type of obligation or prohibition
Terms that must not be included in minimum standards
536KY Terms that must not be included in minimum standards
536KZ FWC may vary or revoke minimum standards guidelines if
FWC may vary or revoke minimum standards guidelines if consistent with certain objectives.
536KZ(1) FWC may vary or revoke minimum standards guidelines if
Temporal relationship between FWC's decision and objectives
(1) The FWC may make a determination varying or revoking minimum standards guidelines if the FWC is satisfied that making the determination is consistent with:
Use of artificial intelligence in FWC's decision-making process
(b) if the President considers that the determination might relate to the road transport industry—the road transport objective.
Propagation of FWC's decision to related objectives
FWC may vary or revoke minimum standards guidelines if certain conditions are met.
536KZ(2) FWC may vary or revoke minimum standards guidelines if
Allowance of variation in minimum standards guidelines
FWC may vary or revoke minimum standards guidelines if necessary.
536KZ(3) FWC may vary or revoke minimum standards guidelines if
FWC may vary or revoke minimum standards guidelines.
536KZ(4) FWC may vary or revoke minimum standards guidelines if
FWC must revoke minimum standards guidelines upon operation of minimum standards order.
536KZ(5) FWC may vary or revoke minimum standards guidelines if
FWC must vary minimum standards guidelines if a new order is made
536KZ(6) FWC may vary or revoke minimum standards guidelines if
Organisations and businesses may apply for a determination varying or revoking minimum standards guidelines.
536L Applications to vary or revoke minimum standards guidelines
Guides this Part about unfair deactivation and termination of services contracts.
536LB Guide to this Part
536LC Object of this Part
Establishes a framework for dealing with unfair deactivation and termination of regulated workers.
536LC(1) Object of this Part
Establishes a framework for dealing with unfair deactivation and termination.
Ensure a fair go all round for regulated businesses and workers
536LC(2) Object of this Part
Protection from unfair deactivation for employees-like workers
536LD When a person is protected from unfair deactivation
Protection from unfair termination for regulated road transport contractors
536LE When a person is protected from unfair termination
The period of service is at least 6 months.
The person has been performing work in the road transport industry under a services contract for at least 6 months.
There is an obligation to protect the person from unfair termination.
A person is protected from unfair termination at a time if...
A person has been unfairly deactivated if certain conditions are met.
536LF What is an unfair deactivation
the FWC is satisfied that the person has been unfairly deactivated
the person has been deactivated from a digital labour platform
The FWC must not have reason to believe the person has been unfairly deactivated
The FWC must have reason to believe the person has been unfairly deactivated
the person has been unfairly deactivated
The FWC must have reason to believe the deactivation was unfair
the deactivation was not consistent with the Digital Labour Platform Deactivation Code
A person has been deactivated from a digital labour platform if certain conditions are met.
536LG Meaning of deactivated
The period during which the person was deactivated
Describes the temporal interval during which the person was deactivated
A person has been deactivated from a digital labour platform if: (a) the person performed digital platform work through or by means of the digital labour platform; and (b) the digital labour platform operator modified, suspended, or terminated the person’s access to the digital labour platform; and (c) the person is no longer able to perform work under an existing or prospective services contract, or the ability of the person to do so is so significantly altered that in effect the person is no longer able to perform such work.
The digital labour platform operator has a duty to deactivate the person
Classifies the obligation as a duty of the digital labour platform operator
The person is no longer able to perform work under an existing or prospective services contract.
Classifies the person as deactivated based on conditions
The person performed digital platform work through or by means of the digital labour platform.
Classifies the digital labour platform operator as responsible for modifying, suspending, or terminating access
The digital labour platform operator modified, suspended, or terminated the person’s access to the digital labour platform.
Classifies the person as unable to perform work due to significant alteration of ability
The person is no longer able to perform work under an existing or prospective services contract, or the ability of the person to do so is so significantly altered that in effect the person is no longer able to perform such work.
The conditions imply that the person was deactivated
Describes the temporal relationship between the conditions and the consequence of being deactivated
Criteria for considering whether a deactivation was unfair
536LH Criteria for considering whether a deactivation was unfair
536LJ Minister to make a Digital Labour Platform Deactivation
Minister must make Digital Labour Platform Deactivation Code
536LJ(1) Minister to make a Digital Labour Platform Deactivation
Minister must deal with specified matters in the Digital Labour Platform Deactivation Code.
536LJ(2) Minister to make a Digital Labour Platform Deactivation
Minister must deal with specified matters.
Public consultation requirement before code development
536LJ(2A) Minister to make a Digital Labour Platform Deactivation
Obligation to conduct public consultation
Variation or revocation of Digital Labour Platform Deactivation Code
536LJ(2B) Minister to make a Digital Labour Platform Deactivation
Termination is unfair if it does not comply with the Road Transport Industry Termination Code.
536LK What is an unfair termination
Terminated person performed work as a regulated road transport contractor under a services contract.
536LL Meaning of terminated
536LM Criteria for considering whether a termination was unfair
Criteria for considering whether a termination was unfair
536LM(1) Criteria for considering whether a termination was unfair
Termination due to serious misconduct is not considered unfair.
536LM(2) Criteria for considering whether a termination was unfair
Defines temporal interval for consideration of termination fairness.
(2) Despite subsection (1) and any other provision of this Part, a termination that occurs because of serious misconduct of the person who was deactivated is not unfair.
Defines termination fairness consideration.
Prohibits termination due to serious misconduct.
Applies to termination fairness consideration.
Defines termination condition for unfairness consideration.
536LN Minister to make Road Transport Industry Termination
536LN(1) Minister to make Road Transport Industry Termination
Matters that must be dealt with in the Road Transport Industry Termination Code
536LN(2) Minister to make Road Transport Industry Termination
Regulated road transport business must meet minimum standards for workers before termination.
536LN(3) Minister to make Road Transport Industry Termination
Regulated road transport business must meet minimum standards.
536LP When the FWC may order remedy for unfair deactivation
The FWC may order a person's reactivation if certain conditions are met.
536LP(1) When the FWC may order remedy for unfair deactivation
The FWC may order remedy for unfair deactivation if an application under section 536LU is made.
536LP(2) When the FWC may order remedy for unfair deactivation
FWC cannot order payment of compensation to the person.
536LP(3) When the FWC may order remedy for unfair deactivation
Digital labour platform operator must restore person to previous position after reactivation order
536LQ Remedy—reactivation etc.
Digital labour platform operator must restore person to previous position
536LR When the FWC may order remedy for unfair termination
FWC may order remedy for unfair termination
536LR(1) When the FWC may order remedy for unfair termination
The FWC may order remedy for unfair termination if an application under section 536LU is made.
536LR(2) When the FWC may order remedy for unfair termination
FWC must consider payment of compensation before ordering it.
536LR(3) When the FWC may order remedy for unfair termination
FWC must not order the payment of compensation to the person unless...
536LS Remedy—new contract, etc.
Road transport business must enter into a new contract in the same terms as the services contract.
536LS(1) Remedy—new contract, etc.
If road transport business is no longer a road transport business, an associated entity must be a road transport business.
536LS(2) Remedy—new contract, etc.
(b) an associated entity of the road transport business is a road transport business;
(a) the road transport business at the time of the termination is no longer a road transport business;
536LT Remedy—compensation
Compensation order must pay compensation to a person in lieu of entering into a new services contract.
536LT(1) Remedy—compensation
FWC must consider various circumstances when determining compensation amount.
536LT(2) Remedy—compensation
Reduce compensation amount by an appropriate amount on account of misconduct.
536LT(3) Remedy—compensation
Temporal overlap between FWC's satisfaction and reduction
536LT(4) Remedy—compensation
Prohibits compensation for emotional harm
Application for unfair deactivation or unfair termination
536LU Application for unfair deactivation or unfair termination
536LV Application fees
536LV(1) Application fees
536LV(2) Application fees
Consideration of specific matters before merits consideration
536LW Initial matters to be considered before merits
Matters to be considered before merits consideration
Must conduct a conference or hold a hearing if facts are in dispute.
536LX Matters involving contested facts
Temporal interval for conducting a conference or holding a hearing.
The FWC must conduct a conference or hold a hearing in relation...
Classification of the provision as an obligation.
Obligation to conduct a conference or hold a hearing.
Conditional obligation to conduct a conference or hold a hearing.
536LY Conferences
536LY(1) Conferences
...in relation to a matter arising under this Part if...
536LY(2) Conferences
Consider circumstances of parties to matter when considering application and informing self.
536LY(3) Conferences
in: considering the application; and informing itself in relation to the application.
Consider temporal intervals of circumstances of parties to matter.
(3) The FWC must take into account any difference in the circumstances of the parties to the matter.
Classify circumstances of parties to matter using CogAI.
Consider circumstances of parties to matter.
Consider diffusion of circumstances of parties to matter.
FWC must consider parties' wishes when processing applications.
536LY(4) Conferences
FWC's actions are contained within consideration of parties' wishes.
(4) The FWC must take into account the wishes of the parties to the matter...
FWC's AI system requires consideration of parties' wishes.
Mandatory consideration of parties' wishes.
FWC's consideration of parties' wishes spreads to other actions.
536LZ Hearings
536LZ(1) Hearings
FWC may decide not to hold a hearing in relation to parts of the matter.
536LZ(2) Hearings
Permission to decide not to hold a hearing.
536LZ(3) Hearings
536M Dismissing applications
536M(1) Dismissing applications
FWC may exercise its power on application by a regulated business.
536M(2) Dismissing applications
536M(3) Dismissing applications
536MA Appeal rights
536MA(1) Appeal rights
536MA(2) Appeal rights
(2) Despite subsection 604(1), an appeal...
536MB Costs orders against parties
536MB(1) Costs orders against parties
536MB(2) Costs orders against parties
No limitation on FWC's power to order costs under section 611.
536MB(3) Costs orders against parties
536MC Costs orders against lawyers and paid agents
Duty to seek permission before engaging a representative
536MC(1) Costs orders against lawyers and paid agents
The person must seek permission before engaging a representative.
(a) an application for an unfair deactivation or unfair termination remedy has been made under section 536LU; and (b) a person who is a party to the matter has engaged a lawyer or paid agent (the representative) to represent the person in the matter;
FWC may order costs against a representative for causing costs to be incurred by the other party.
536MC(2) Costs orders against lawyers and paid agents
FWC must obtain consent from other party before making costs order
536MC(3) Costs orders against lawyers and paid agents
Limitation on FWC's power to order costs
536MC(4) Costs orders against lawyers and paid agents
536MD Applications for costs orders
Application must be made within specified timeframe.
536ME Schedule of costs
Prescribing schedule of costs for certain expenditures
536ME(1) Schedule of costs
Granting permission to prescribe schedule of costs
Must not award costs in relation to an item at a rate or of an amount exceeding the rate or amount appearing in the schedule.
536ME(2) Schedule of costs
Prohibits awarding costs exceeding the rate or amount in the schedule.
536MF Security for costs
536MG Contravening orders under this Part
Defines collective agreements and their scope.
536MH Guide to this Part
Object of this Part is to provide a simple, flexible and fair framework that enables collective agreements to be made by consent for employee-like workers; regulated road transport contractors.
536MJ Object of this Part
536MK Making a collective agreement
Regulated business must make a collective agreement with an organisation representing industrial interests of workers.
536MK(1) Making a collective agreement
Regulated business must make a collective agreement.
Collective agreement may be made between a digital labour platform operator and an organisation.
536MK(2) Making a collective agreement
Classifies the entities involved in the collective agreement.
A digital labour platform operator and an organisation are parties to a collective agreement.
A collective agreement may be made between a road transport business and an organisation that is entitled to represent the industrial interests of one or more regulated road transport contractors.
536MK(3) Making a collective agreement
536ML Notice of consultation period for a proposed collective
Entities must give a notice under this section for a proposed collective agreement.
536ML(1) Notice of consultation period for a proposed collective
Entities must give a notice under this section.
A consultation notice for a proposed collective agreement must specify certain matters.
536ML(2) Notice of consultation period for a proposed collective
Classification of regulated workers and businesses
536MM Consultation notice to be given to FWC, etc.
Consultation notice must be given to FWC and/or relevant organisation
536MM(1) Consultation notice to be given to FWC, etc.
Notify FWC and negotiating entities of consultation notice.
536MM(2) Consultation notice to be given to FWC, etc.
The consultation notice is given to the entity to which it is directed.
The notifying entity must notify FWC and negotiating entities.
Publish consultation notice on FWC's website.
536MM(3) Consultation notice to be given to FWC, etc.
FWC must publish consultation notice on FWC's website.
Must provide notice under Chapter 3A minimum standards for regulated workers
536MN Notice to be given to regulated workers
536MP Application for the FWC to deal with a dispute
Neither party can apply to the FWC for dispute resolution.
536MP(1) Application for the FWC to deal with a dispute
FWC must deal with a dispute (other than by arbitration)
536MP(2) Application for the FWC to deal with a dispute
FWC may dismiss an application if no reasonable prospects of collective agreement
536MP(3) Application for the FWC to deal with a dispute
536MQ Negotiating entity may request that other negotiating entity
536MQ(1) Negotiating entity may request that other negotiating entity
Request must not be made earlier than 30 days after notice was given to employee-like worker or regulated road transport contractor.
536MQ(2) Negotiating entity may request that other negotiating entity
...must not be made earlier than 30 days after the last day...
Request timing overlaps with notice period.
(2) A request under subsection (1) must not...
Prohibition on making request earlier than specified period.
(2) A request under subsection (1) must not be made...
...must be made after the last day on which a notice was given...
Request timing is dependent on notice period.
Both negotiating parties must sign the agreement for a collective agreement to be made.
536MQ(3) Negotiating entity may request that other negotiating entity
Temporal interval for collective agreement.
536MR Application to the FWC to register a collective agreement
Application for registration of collective agreement
536MR(1) Application to the FWC to register a collective agreement
Application must be accompanied by a signed copy of the collective agreement identifying regulated business, organisation, and class of workers.
536MR(2) Application to the FWC to register a collective agreement
Collective agreement identifies regulated business, organisation, and class of workers
Application must be accompanied by a declaration signed by the regulated business and the organisation covered by the collective agreement.
536MR(3) Application to the FWC to register a collective agreement
Declaration must be signed by the regulated business and the organisation covered by the collective agreement.
The declaration must state that the regulated business and the organisation explained the terms of the agreement and their effect to the regulated workers covered by the agreement.
Application must be accompanied by required declaration.
536MR(4) Application to the FWC to register a collective agreement
536MS FWC must register collective agreement
FWC must register collective agreement if requirements are met
536MS(1) FWC must register collective agreement
The FWC must register a collective agreement that includes a procedure for settling disputes.
536MS(2) FWC must register collective agreement
The FWC must register a collective agreement.
The collective agreement includes a procedure for settling disputes.
FWC must register collective agreement with specified terms.
536MS(3) FWC must register collective agreement
Obligation to register collective agreement
Collective agreement must include specified terms
536MT Application for variation of a collective agreement
Application for variation of a collective agreement is allowed
536MT(1) Application for variation of a collective agreement
Must provide signed copy of collective agreement with specified information.
536MT(2) Application for variation of a collective agreement
(b) the organisation covered by the collective agreement;
Identify regulated business, organisation, and class of workers
(a) the regulated business covered by the collective agreement;
(c) the class of regulated workers covered by the collective agreement as proposed to be varied.
Declaration with explanation of terms and effect on workers
Application must be accompanied by a declaration signed by the regulated business and organisation.
536MT(3) Application for variation of a collective agreement
Declaration must be signed by regulated business and organisation
536MU FWC must vary collective agreement
FWC must register a varied collective agreement if requirements are met.
536MU(1) FWC must vary collective agreement
Obligation to register a varied collective agreement.
FWC must consider public interest when varying collective agreement.
536MU(1A) FWC must vary collective agreement
FWC must publish a copy of the collective agreement as varied and the declaration referred to in subsection 536MT(3) on the FWC’s website.
536MU(2) FWC must vary collective agreement
The FWC must vary collective agreements upon registration.
536MU(3) FWC must vary collective agreement
536MV FWC must be notified of termination
Notify FWC of termination before agreement end.
536MV(1) FWC must be notified of termination
Declaration that must accompany application
536MV(2) FWC must be notified of termination
Notice with declaration signed by regulated business and organisation
Regulated business must notify organisation of termination and specify date of effect.
536MV(3) FWC must be notified of termination
536MV(4) FWC must be notified of termination
536MW FWC must register termination notice
Notice of collective agreement termination and date of effect
FWC must register termination notice on its website.
536MW(1) FWC must register termination notice
The collective agreement ceases to operate on the specified date.
536MW(2) FWC must register termination notice
The termination notice occurs on the specified date.
Describes the temporal relationship between the termination notice and the cessation of operation
(2) The collective agreement ceases to operate...
The termination notice is related to the cessation of operation on the specified date.
Describes the cognitive relationship between the termination notice and the cessation of operation
The collective agreement ceases to operate.
The cessation of operation is propagated on the specified date.
Describes the propagation of the cessation of operation
536MX Terms of a collective agreement that are of no effect
A term of a collective agreement has no effect to the extent that it is not about a matter mentioned in subsection 536MK(2) or (3).
536MX(1) Terms of a collective agreement that are of no effect
Terms of a collective agreement that are of no effect to the extent they do not affect the terms and conditions of engagement of regulated workers.
536MX(2) Terms of a collective agreement that are of no effect
Inclusion of a term with no effect does not prevent the agreement from being valid.
536MX(3) Terms of a collective agreement that are of no effect
The inclusion of a term with no effect does not affect the validity of the agreement.
A collective agreement is defined as an agreement that includes certain terms.
Framework for dealing with unfair contract terms
536MY Guide to this Part
536MZ Meaning of employee and employer
Establishes ordinary meanings for employee and employer.
536N Object of Part
Establishes a framework for dealing with unfair contract terms of services contracts.
536N(1) Object of Part
Establishes a framework for dealing with unfair contract terms.
Ensure a fair go all round for principals and independent contractors.
536N(2) Object of Part
536NA When the FWC may make an order in relation to an unfair
FWC may make an order under this Part in relation to a services contract if the FWC is satisfied that the services contract includes one or more unfair contract terms.
536NA(1) When the FWC may make an order in relation to an unfair
The FWC may make an order only if a person has made an application under section 536ND.
536NA(2) When the FWC may make an order in relation to an unfair
FWC must consider fairness when making an order.
536NA(3) When the FWC may make an order in relation to an unfair
Guidelines for determining unfair contract terms
536NB Matters to be considered in deciding whether a term of a
The FWC may make an order under this section setting aside or amending a services contract related to workplace relations.
536NC Remedy—order to set aside etc. contract
536ND Application for unfair contract term remedy
Application for unfair contract term remedy
536ND(1) Application for unfair contract term remedy
Application for unfair contract term remedy is prohibited unless certain conditions are met.
536ND(2) Application for unfair contract term remedy
Prohibition of application for unfair contract term remedy
(2) An application must not be made in relation to a services contract
536NE Application fees
536NE(1) Application fees
536NE(2) Application fees
536NF Conferences
536NF(1) Conferences
536NF(2) Conferences
536NG Hearings
536NG(1) Hearings
The matter arises during the period when the FWC considers it appropriate to hold a hearing
Temporal relation between hearing and matter
Hearing occurs during consideration by FWC
There is no need for a hearing if the FWC considers it appropriate
If FWC considers it appropriate, then there is no need for a hearing
Both the views of parties and consideration by FWC are necessary for a hearing to be held
The views of parties and consideration by FWC are necessary conditions
536NG(2) Hearings
536NG(3) Hearings
536NH Dismissing applications
Dismissal of applications for orders under Division 3
536NH(1) Dismissing applications
FWC may dismiss applications for orders under Division 3
Application dismissed due to failure to attend conference
FWC may dismiss applications based on failure to attend conferences or hearings
The FWC may exercise its power under subsection (1) on application by a party to the matter or an organisation entitled to represent the industrial interests of a party to the matter.
536NH(2) Dismissing applications
No limitation on FWC's power to dismiss applications.
536NH(3) Dismissing applications
536NJ Appeal rights
536NJ(1) Appeal rights
536NJ(2) Appeal rights
Prohibition on contravening orders under this Part
536NK Contravening orders under this Part
A person must not contravene an order under this Part.
Fair Work Act 2009