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