prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.385
References international covenants on human rights
18 December 1979 ([1983] ATS 9); and
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.443
References international human rights conventions and covenants.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.1
Compilation information and notes on amendments, applications, and modifications.
2 April 2026
The text is a classification of the Fair Work Act 2009 compilation.
Classifies the text as a compilation of the Fair Work Act 2009.
The text describes the compilation date, contents, and notes on amendments.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.321
Employees have an entitlement to paid family and domestic violence leave.
21 June 2019; and
25 June 1958 ([1974] ATS 12); and
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.445
Mandatory adherence to ILO Convention (No. 190) concerning the elimination of violence and harassment in the world of work.
25 June 1958; and
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.426
27 February 2021
28 October 2020; and
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.424
30 September or 31 December.
Temporal period starting at the start of a certain point
30 June 2020
30 September 2020
Employer must satisfy 10% decline in turnover test for a quarter under specified conditions.
30(1) September or 31 December.
Regulations cannot prescribe modifications for paragraph (1)(d) unless jobkeeper payment rules are amended after commencement.
30(2) September or 31 December.
Regulations cannot prescribe modifications after commencement.
(2) The regulations must not prescribe modifications for the purposes of paragraph (1)(d).
Regulations cannot prescribe modifications.
31 December 2020
Eligible financial service provider must issue a written certificate confirming employer turnover decline.
31(1) December 2020
Eligible financial service providers cannot issue certificates under subsection (1) in relation to employers with certain relationships.
31(2) December 2020
Eligible financial service provider relationship
Employer must provide a 10% decline in turnover certificate
31(3) December 2020
Employer must make a statutory declaration to satisfy the 10% decline in turnover test.
31(4) December 2020
The declaration covers a specific time period.
Employer has an obligation to make a statutory declaration.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.31
536NL Guide to this Part
536NM Meaning of employee and employer
FWC must have regard to minimum standards objective
536NN FWC to have regard to minimum standards objective
The FWC must have regard to the minimum standards objective
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.32
Prohibition on contravening a road transport contractual chain order
536NP Contravening a road transport contractual chain order
A person must not contravene a term of a road transport contractual chain order.
A person does not contravene a term of a road transport contractual chain order unless the order applies to the person: see subsection 536NQ(1).
Note 1: This section is a civil remedy provision (see Part 4-1).
Note 2: A person does not contravene a term of a road transport contractual chain order unless the order applies to the person: see subsection 536NQ(1).
536NQ The significance of a road transport contractual chain order
A person is not obligated to comply with a road transport contractual chain order unless it applies to them.
536NQ(1) The significance of a road transport contractual chain order
A road transport contractual chain order does not impose obligations on a person.
A road transport contractual chain order gives a person an entitlement only if the order applies to the person.
536NQ(2) The significance of a road transport contractual chain order
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.33
536NR When a road transport contractual chain order applies to a
A road transport contractual chain order applies to a regulated road transport contractor or a road transport employee-like worker if certain conditions are met.
536NR(1) When a road transport contractual chain order applies to a
the road transport contractual chain order is in operation during the time it covers the regulated road transport contractor or road transport employee-like worker
(b) the road transport contractual chain order is in operation;
the road transport contractual chain order applies to the regulated road transport contractor or road transport employee-like worker
If the road transport contractual chain order covers and is in operation, then it applies.
(a) the road transport contractual chain order covers the regulated road transport contractor or road transport employee-like worker; (b) the road transport contractual chain order is in operation;
the road transport contractual chain order does not apply to other persons in a road transport contractual chain except when it is in operation
(c) no other provision of this Act provides, or has the effect, that the road transport contractual chain order does not apply to the regulated road transport contractor or road transport employee-like worker.
the road transport contractual chain order applies
the road transport contractual chain order applies everywhere it covers the regulated road transport contractor or road transport employee-like worker
(a) the road transport contractual chain order covers the regulated road transport contractor or road transport employee-like worker;
A road transport contractual chain order applies to a person in a road transport contractual chain.
536NR(2) When a road transport contractual chain order applies to a
The road transport contractual chain order is in operation during the work performed by the employee.
The provision states that the order is in operation during the work performed by the employee.
(c) the road transport contractual chain order is in operation;
(a) the road transport contractual chain order covers the person;
A regulated road transport contractor or an employee-like worker applies to the provision.
The provision applies to a regulated road transport contractor or an employee-like worker.
(b) a regulated road transport contractor or a road transport employee-like worker to whom the road transport contractual chain order applies, or an employee, performs work for the person;
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.34
536NS When a road transport contractual chain order covers a
A person is covered by a road transport contractual chain order if the order explicitly covers them.
536NS(1) When a road transport contractual chain order covers a
A road transport contractual chain order also covers a person in a road transport contractual chain if any of the following provides, or has the effect, that the order covers the person.
536NS(2) When a road transport contractual chain order covers a
Exempts a person from coverage under a road transport contractual chain order if the order is affected by a provision of this Act, an FWC order made under such a provision, or a court order.
536NS(3) When a road transport contractual chain order covers a
Describes the condition under which coverage is exempted due to cessation of operation
Road transport contractual chain orders that have ceased to operate
a person in a road transport contractual chain order does not cover the person:
Prohibits coverage under a road transport contractual chain order
or has the effect, that the order does not cover the person:
Prohibits coverage under an FWC order made under a provision of this Act
(b) an FWC order made under a provision of this Act;
A ceased road transport contractual chain order does not cover a person.
536NS(4) When a road transport contractual chain order covers a
The cessation of operation is during the period when the order covers a person.
A road transport contractual chain order that has ceased to operate does not cover a person.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.35
536NT When a road transport contractual chain order is in
Road transport contractual chain order comes into operation on specified day.
536NT(1) When a road transport contractual chain order is in
The commencement date is a specific point in time
Defines temporal interval for commencement
The specified day must not be earlier than the day on which the road transport contractual chain order is made.
536NT(2) When a road transport contractual chain order is in
(2) The specified day must not be earlier than the day on which the road transport contractual chain order is made.
Must not be earlier than 12 months after notice of intent publication
536NT(3) When a road transport contractual chain order is in
...12 months after the relevant notice of intent for the order was published.
(3) The specified day must not be earlier than...
FWC may reduce 12-month period for road transport contractual chain order under certain circumstances.
536NT(4) When a road transport contractual chain order is in
Determination takes effect on specified day
536NT(5) When a road transport contractual chain order is in
Must not be earlier than the day of determination
536NT(6) When a road transport contractual chain order is in
(6) The specified day must not be earlier than the day on which the determination is made.
Road transport contractual chain order continues in operation until revoked.
536NT(7) When a road transport contractual chain order is in
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.36
536NU When road transport contractual chain guidelines cover a
A person is covered by road transport contractual chain guidelines if the guidelines explicitly cover them.
536NU(1) When road transport contractual chain guidelines cover a
Guidelines cover a person in the transport chain if they affect the guidelines.
536NU(2) When road transport contractual chain guidelines cover a
...if any of the following provides, or has the effect...
Guidelines apply during the provision or court order.
(2) Road transport contractual chain guidelines also cover a person...
Guidelines cover a person in the transport chain.
Guidelines diffuse to the person in the transport chain.
Guidelines do not cover a person if any provision, FWC order, or court order applies.
536NU(3) When road transport contractual chain guidelines cover a
Exempts persons from road transport contractual chain guidelines that have ceased to operate.
536NU(4) When road transport contractual chain guidelines cover a
Excludes coverage by guidelines for persons in a road transport contractual chain during the period of operation.
Classifies the scope of guidelines for persons in a road transport contractual chain.
Prohibits coverage by guidelines for persons in a road transport contractual chain.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.37
536NV When road transport contractual chain guidelines are in
Guidelines come into operation on a specified day.
536NV(1) When road transport contractual chain guidelines are in
Must not be earlier than the day on which guidelines are made.
536NV(2) When road transport contractual chain guidelines are in
(2) The specified day must not be earlier than the day on which the road transport contractual chain guidelines are made.
536NV(3) When road transport contractual chain guidelines are in
Road transport contractual chain guidelines must not be earlier than the day of determination.
536NV(4) When road transport contractual chain guidelines are in
The specified day must be before the day of determination.
(4) The specified day must not be earlier than the day on which the determination is made.
The road transport contractual chain guidelines operate until revoked.
Guidelines continue in operation until revoked
536NV(5) When road transport contractual chain guidelines are in
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.38
536NW Exclusion of certain State and Territory laws
Exclusion of certain State and Territory laws from affecting road transport contractual chain rights, entitlements, obligations, and liabilities.
536NW(1) Exclusion of certain State and Territory laws
Excludes certain State and Territory laws from affecting road transport contractual chain rights, entitlements, obligations, and liabilities.
Defines a class hierarchy for workplace relations matters.
No effect on contractual chain rights and entitlements from State or Territory laws specified in regulations.
536NW(2) Exclusion of certain State and Territory laws
Exclusion of certain State and Territory laws
536NW(3) Exclusion of certain State and Territory laws
Clarifies effect of subsection (2) despite other laws
536NW(4) Exclusion of certain State and Territory laws
...section 536NX, are not workplace relations matters.
(4) To avoid doubt, subsection (2) has effect even if...
References a law of a State or Territory include regulations and other instruments made pursuant to the law.
536NW(5) Exclusion of certain State and Territory laws
The regulation is in effect during the same time period as the law.
(b) is a reference to a law of a State or Territory as in force from time to time.
The regulation is included in the CogAI.
(a) includes a reference to a regulation, rule or other instrument made pursuant to, or for the purposes of, a law of a State or Territory.
The regulation is included in the reference.
(a) includes a reference to a law of a State or Territory as in force from time to time.
The regulation is included in the diffusion.
The regulation is in effect until the same time period as the law.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.39
536NX What are workplace relations matters
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.40
Defines unfairness ground in services contract
536NY What is an unfairness ground
536NZ Interaction of road transport contractual chain orders with
A road transport contractual chain order prevails over a law of a State or Territory to the extent of any inconsistency.
536NZ(1) Interaction of road transport contractual chain orders with
(1) A road transport contractual chain order prevails over a law of a State or Territory, to the extent of any inconsistency.
Interaction of road transport contractual chain orders with State/Territory law
536NZ(2) Interaction of road transport contractual chain orders with
References a law of a State or Territory include regulations, rules, and other instruments made pursuant to or for the purposes of that law.
536NZ(3) Interaction of road transport contractual chain orders with
Includes a reference to a regulation, rule or other instrument.
Is a reference to a law of a State or Territory as in force from time to time.
536P Authorisation of conduct for the purposes of the Competition
Authorisation of conduct for the purposes of the Competition
536P(1) Authorisation of conduct for the purposes of the Competition
Allows conduct under specified conditions
Conduct is not specified or authorised if it contains a cartel provision or boycott conduct.
536P(2) Authorisation of conduct for the purposes of the Competition
Prohibits conduct containing cartel provisions or boycott conduct.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.42
536PB Guide to this Part
536PC Meaning of employee and employer
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.43
536PD Road transport contractual chain orders
The FWC may make an order setting standards for regulated road transport contractors and others.
536PD(1) Road transport contractual chain orders
Cannot confer rights or impose obligations on an employee
536PD(2) Road transport contractual chain orders
The employee's employment period overlaps with the contractual chain order
Employee's employment period overlaps with contractual chain order
(2) A road transport contractual chain order cannot confer rights or impose obligations on a person in the capacity of an employee.
No right or obligation can be conferred on an employee
Prohibition of conferring rights or imposing obligations on an employee
FWC may make a road transport contractual chain order on its own initiative or on application under subsection 536PE(1).
536PD(3) Road transport contractual chain orders
Obligation to make a road transport contractual chain order
FWC must not make a road transport contractual chain order that covers road transport employee-like workers unless the FWC considers it appropriate.
536PD(4) Road transport contractual chain orders
FWC must not make a road transport contractual chain order that covers road transport employee-like workers.
Organisations and regulated businesses can apply for road transport contractual chain orders.
536PE Applications for road transport contractual chain orders
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.45
536PF Particular matters FWC must take into account in making a
FWC must consider certain matters when making a road transport contractual chain order
536PF(1) Particular matters FWC must take into account in making a
Temporal interval for consideration of matters by the FWC
(a) an application is made for a road transport contractual chain order under subsection 536PE(1) or for a variation of a road transport contractual chain order under section 536PS; or (b) the FWC is considering making or varying a road transport contractual chain order on its own initiative.
Mandatory consideration of certain matters
Recurring consideration of matters by the FWC
FWC must engage with parties and consult the Road Transport Advisory Group before making or varying a road transport contractual chain order.
536PF(2) Particular matters FWC must take into account in making a
FWC must make or vary a road transport contractual chain order after genuine engagement with parties and consultation.
FWC must make or vary a road transport contractual chain order after genuine engagement with parties and consultation with the Road Transport Advisory Group.
(2) The FWC: (a) must not make or vary the road transport contractual chain order unless there has been genuine engagement with the parties to be covered;
Obligation to engage with parties and consult the Road Transport Advisory Group.
FWC must consult the Road Transport Advisory Group.
Obligation to consult the Road Transport Advisory Group.
(2) The FWC: (b) must not make or vary the road transport contractual chain order unless the Road Transport Advisory Group has been consulted;
FWC must make or vary a road transport contractual chain order at some point in time after genuine engagement with parties and consultation.
FWC must make or vary a road transport contractual chain order at some point in time after genuine engagement with parties and consultation with the Road Transport Advisory Group.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.46
536PG FWC to prepare and publish a draft of a road transport
Publish a notice and draft of proposed road transport contractual chain order.
536PG(1) FWC to prepare and publish a draft of a road transport
FWC must publish notice and draft on website and other means.
536PG(2) FWC to prepare and publish a draft of a road transport
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.47
536PH Affected entities to have a reasonable opportunity to make
Affected entities must make written submissions to the FWC.
536PH(1) Affected entities to have a reasonable opportunity to make
A reasonable opportunity to make written submissions may be required.
536PH(1A) Affected entities to have a reasonable opportunity to make
(1A) To avoid doubt, if the draft is of a time-sensitive road transport contractual chain order, a short period to make written submissions may be a reasonable opportunity.
The FWC must publish submissions made to the FWC.
536PH(2) Affected entities to have a reasonable opportunity to make
The FWC may decide not to publish confidential or commercially sensitive information.
536PH(3) Affected entities to have a reasonable opportunity to make
(i) a summary of the information which contains sufficient detail
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.48
536PJ Finalising draft order
The FWC may make changes to a draft road transport contractual chain order.
536PJ(1) Finalising draft order
If changes made under subsection (1) are significant, the FWC must decide not to make the road transport contractual chain order based on the draft.
536PJ(2) Finalising draft order
The FWC must decide not to make the road transport contractual chain order based on the draft.
Defines the period of consultation for a revised draft road transport contractual chain order
536PJ(3) Finalising draft order
FWC may reduce 12-month period for time-sensitive road transport contractual chain order.
536PJ(4) Finalising draft order
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.49
Publish notice of decision on website and other means.
536PK Decision not to make order based on the draft
Subdivision D—Decisions on road transport contractual chain orders and related matters
The FWC may decide on an application for a road transport contractual chain order.
536PL Decisions on applications for road transport contractual
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.50
536PM Terms that must be included in a road transport contractual
road transport industry coverage, persons in the road transport industry
Road transport contractual chain order must include terms setting out work and persons covered.
536PM(1) Terms that must be included in a road transport contractual
Must include persons in a road transport contractual chain
536PM(2) Terms that must be included in a road transport contractual
Specify persons in a road transport contractual chain by name or class.
536PM(3) Terms that must be included in a road transport contractual
and (b) regulated road transport contractors and road transport employee-like workers must be specified by inclusion in a specified class or specified classes.
Specify persons in a road transport contractual chain within a specified class or classes.
(a) persons in a road transport contractual chain other than regulated road transport contractors or road transport employee-like workers may be specified by name or by inclusion in a specified class or specified classes;
persons in a road transport contractual chain other than regulated road transport contractors or road transport employee-like workers may be specified by name or by inclusion in a specified class or specified classes;
Specify persons in a road transport contractual chain.
Class description for road transport contractual chain
536PM(4) Terms that must be included in a road transport contractual
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.51
Road transport contractual chain order must include provision specifying effect of inconsistency with minimum standards order.
536PN Road transport contractual chain order must include term
A road transport contractual chain order must include a term that provides a procedure for settling disputes about any matters arising under the order.
536PP Term about settling disputes must be included in a road
Obligation to include a dispute settlement procedure
536PQ Terms that may be included in a road transport contractual
Payment times, fuel levies, rate reviews, termination, and cost recovery terms may be included in a road transport contractual chain order.
536PQ(1) Terms that may be included in a road transport contractual
Includes terms about payment times, fuel levies, rate reviews, termination, and cost recovery.
(1) A road transport contractual chain order...
No limitation on terms in non-time-sensitive road transport contractual chain orders.
536PQ(2) Terms that may be included in a road transport contractual
Non-time-sensitive road transport contractual chain orders are included in the subsection.
Temporal inclusion of non-time-sensitive road transport contractual chain orders
The subsection includes non-time-sensitive road transport contractual chain orders.
Temporal inclusion of non-time-sensitive road transport contractual chain orders (CogAI)
The terms are imposed by the subsection.
Imposition of terms in a road transport contractual chain order
The subsection imposes no limitation on the terms.
Temporal inclusion of non-time-sensitive road transport contractual chain orders (Diffusion)
Temporal inclusion of non-time-sensitive road transport contractual chain orders (LTl)
FWC must remove a term from a road transport contractual chain order
536PQ(3) Terms that may be included in a road transport contractual
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.53
536PR Terms that must not be included in a road transport
Terms about overtime rates, rostering arrangements, and work health and safety are prohibited in road transport contractual chain orders.
536PR(1) Terms that must not be included in a road transport
Prohibits certain terms in road transport contractual chain orders.
(1) A road transport contractual chain order must not include terms about any of the following matters:
Terms about road transport that are comprehensively dealt with by another law must not be included.
536PR(2) Terms that must not be included in a road transport
...by another law of the Commonwealth, a State or a Territory;
Terms about road transport that are comprehensively dealt with by another law overlap.
(ii) by another law of the Commonwealth, a State or a Territory;
...terms about any of the following matters:
Prohibits including terms about road transport that are comprehensively dealt with by another law.
(2) A road transport contractual chain order must not include terms...
(b) a matter prescribed by the regulations, or included in a class of matter prescribed by the regulations.
Terms about road transport that are comprehensively dealt with by another law recur.
Matters not dealt with in road transport regulations
536PR(3) Terms that must not be included in a road transport
Regulations must exclude certain matters
(3) For the purposes of paragraph (1)(d):
(a) the regulations may specify that a particular matter, or a matter included in a class of matters, is, or is not, dealt with
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.54
Applications for varying or revoking a road transport contractual chain order
536PS Applications to vary or revoke road transport contractual
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.55
536PT FWC may vary or revoke road transport contractual chain
FWC may vary or revoke road transport contractual chain order if consistent with minimum standards objective and road transport objective.
536PT(1) FWC may vary or revoke road transport contractual chain
FWC may not make a variation to the extent that it would result in the order covering persons who are not regulated road transport contractors or road transport employee-like workers.
536PT(2) FWC may vary or revoke road transport contractual chain
Prohibition of variation for non-regulated persons
FWC may vary or revoke road transport contractual chain
536PT(3) FWC may vary or revoke road transport contractual chain
FWC may vary or revoke road transport contractual chain order
536PT(4) FWC may vary or revoke road transport contractual chain
The FWC has the authority to modify or terminate road transport contractual chain orders at any time
Describes the temporal scope of the FWC's power to vary or revoke road transport contractual chain orders
The FWC may make a determination varying or revoking a road transport contractual chain order
The FWC's authority to modify or terminate road transport contractual chain orders can be automated using AI
Describes how the FWC's power to vary or revoke road transport contractual chain orders can be applied using artificial intelligence
The FWC has the authority to modify or terminate road transport contractual chain orders
Describes the FWC's power to vary or revoke road transport contractual chain orders
The FWC's authority to modify or terminate road transport contractual chain orders is not limited by the actions of other entities
Describes how the FWC's power to vary or revoke road transport contractual chain orders spreads to other entities
Describes the FWC's power to vary or revoke road transport contractual chain orders in a linear fashion
FWC must not vary or revoke road transport contractual chain without considering it appropriate.
536PT(5) FWC may vary or revoke road transport contractual chain
Prohibition on varying or revoking road transport contractual chain.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.57
536PU Minister may make a declaration deferring the operation or
Minister may make a declaration deferring the operation or application of certain road transport contractual chain orders.
536PU(1) Minister may make a declaration deferring the operation or
Declaration of deferral for road transport contractual chain order
536PU(2) Minister may make a declaration deferring the operation or
536PU(3) Minister may make a declaration deferring the operation or
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.58
536PV Limitations on making a deferral declaration
Cannot make a deferral declaration for an operational road transport contractual chain order
536PV(1) Limitations on making a deferral declaration
Limitations on making a deferral declaration
536PV(2) Limitations on making a deferral declaration
...in relation to a particular road transport contractual chain order at any time.
Temporal interval for deferral declaration
(2) The Minister may only make one full deferral declaration...
...if a deferral determination has previously been made by the FWC
Cannot make full deferral declaration if previous determination made
(2) The Minister must not make a full deferral declaration...
...in relation to a particular road transport contractual chain order
May make one full deferral declaration per road transport contractual chain order
...for each road transport contractual chain order.
Recurring trace for deferral declarations
More than one part deferral declaration is permitted
The Minister may make more than one deferral declaration in relation to a particular road transport contractual chain order.
536PV(3) Limitations on making a deferral declaration
The Minister may make more than one deferral declaration.
Cannot defer application of terms to persons already affected or previously deferred
536PV(4) Limitations on making a deferral declaration
...must not have the effect of deferring, or purporting to defer...
Restricts application of terms to persons already affected or previously deferred within a temporal interval
(4) If more than one part deferral declaration...
Prohibits deferring application of terms to persons already affected or previously deferred
Restricts application of terms to persons already affected or previously deferred
Restricts application of terms to persons already affected or previously deferred through diffusion
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.59
Road transport contractual chain order not in operation during deferral declaration.
536PW Operation of a road transport contractual chain order
Minister may make a declaration suspending a road transport contractual chain order
536PX Minister may make a declaration suspending a road
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.62
536PY Suspension declaration must generally be made within 12
536PY(1) Suspension declaration must generally be made within 12
Suspension declaration must be made within a specified period.
536PY(2) Suspension declaration must generally be made within 12
Must be made within the relevant period.
Relates to a specified class of persons or terms.
Relevant period for a road transport contractual chain order
536PY(3) Suspension declaration must generally be made within 12
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.63
Road transport contractual chain order not in operation during full suspension declaration.
536PZ Operation of a road transport contractual chain order
No consultation required for deferral declarations or suspension declarations.
536Q Consultation requirements
Prohibits consultation for deferral declarations or suspension declarations.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.64
536QA Applications for a deferral determination for a road
Application for deferral determination under subsection 536QB(1)
536QA(1) Applications for a deferral determination for a road
Eligible parties can apply for a deferral determination
536QA(2) Applications for a deferral determination for a road
No application for deferral determination can be made in relation to a road transport contractual chain order that has already come into operation.
536QA(3) Applications for a deferral determination for a road
The provision specifies a temporal relationship between the application and the road transport contractual chain order.
(3) An application for a deferral determination must not be made in relation to a road transport contractual chain order that has already come into operation.
The provision does not require any cognitive or artificial intelligence capabilities.
Prohibition of making an application for a deferral determination in relation to a road transport contractual chain order that has already come into operation.
The provision does not specify any diffusion of information or responsibility.
536QB FWC may make a determination deferring the operation or
FWC may make a determination deferring the operation or application of certain road transport contractual chain orders.
536QB(1) FWC may make a determination deferring the operation or
536QB(2) FWC may make a determination deferring the operation or
FWC may make a determination deferring the operation or revocation of a road transport contractual chain order.
536QB(3) FWC may make a determination deferring the operation or
The FWC may describe a class by reference to an industry or sector.
536QB(4) FWC may make a determination deferring the operation or
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.65
536QC Limitations on making a deferral determination
No deferral determination for operational road transport chain orders
536QC(1) Limitations on making a deferral determination
Limitations on making a deferral determination
536QC(2) Limitations on making a deferral determination
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.66
536QD Decision on an application for a deferral determination in
FWC must consider and consult on an application for a deferral determination.
536QD(1) Decision on an application for a deferral determination in
FWC may treat application as if it were an application for suspension determination if road transport contractual chain order comes into operation before FWC makes a decision.
536QD(2) Decision on an application for a deferral determination in
The FWC may make a deferral determination under subsection 536QB(1) or decide not to.
536QD(3) Decision on an application for a deferral determination in
(a) significant new facts or evidence, (b) demonstration of lack of safety net.
FWC must make deferral determination under specified conditions.
536QD(4) Decision on an application for a deferral determination in
Temporal interval for deferral determination
(4) The FWC must make the deferral determination if...
...the road transport contractual chain order will not provide an appropriate safety net
Implication of new facts or evidence on deferral determination
(a) the applicant has provided significant new facts or evidence
Obligation to make deferral determination
Consider previous applications for variation or revocation of the road transport contractual chain order
536QD(5) Decision on an application for a deferral determination in
Publish deferral determination on website and other means
536QD(6) Decision on an application for a deferral determination in
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.67
Minimum standards for persons in a road transport contractual chain
536QE Operation of a road transport contractual chain order
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.68
536QF Applications for a suspension determination for a road
Application for suspension determination under subsection 536QG(1)
536QF(1) Applications for a suspension determination for a road
Eligible parties can make an application for a suspension determination.
536QF(2) Applications for a suspension determination for a road
Application for suspension determination must be made within 12 months of order operation.
536QF(3) Applications for a suspension determination for a road
Application deadline for a part suspension determination for a road
536QF(4) Applications for a suspension determination for a road
Must be made within 12 months of the applicable day
Classification of persons into classes for suspension determination
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.70
536QG FWC may make a determination suspending a road
FWC may make a determination suspending a road
536QG(1) FWC may make a determination suspending a road
Permission to suspend a road transport contractual chain order
Suspension determination must specify period of suspension
536QG(2) FWC may make a determination suspending a road
Suspension of road transport contractual chain orders must specify a period not longer than the relevant period and start after the determination is made.
536QG(3) FWC may make a determination suspending a road
Prohibition of suspension without proper notice.
Suspension period ends immediately after specified end date.
536QG(4) FWC may make a determination suspending a road
536QG(5) FWC may make a determination suspending a road
Defines the relevant period for a road transport contractual chain order.
536QG(5A) FWC may make a determination suspending a road
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.72
536QH Decision on an application for a suspension determination in
FWC must consider and consult on an application for suspension determination.
536QH(1) Decision on an application for a suspension determination in
Consideration and consultation occur within the same timeframe
(1) If an application for a suspension determination in relation to a road transport contractual chain order is made...
Consideration and consultation are concurrent actions
Decision on an application for a suspension determination
536QH(2) Decision on an application for a suspension determination in
(b) decide not to make the suspension determination.
Decision to make or not make suspension determination
(a) significant new facts or evidence not available at the time of decision; (b) significant new facts or evidence demonstrating lack of safety net for road transport industry.
Must make suspension determination under specified conditions.
536QH(3) Decision on an application for a suspension determination in
Consider previous applications when deciding on a suspension determination.
536QH(4) Decision on an application for a suspension determination in
Ensure no person is unfairly affected by the suspension.
536QH(5) Decision on an application for a suspension determination in
Publish suspension determination on website and other means
536QH(6) Decision on an application for a suspension determination in
No effect on pre-existing rights or liabilities
536QH(7) Decision on an application for a suspension determination in
(7) The making of a suspension determination does not affect any right or liability that a person acquired, accrued or incurred before the suspension determination is made.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.73
Road transport contractual chain order not in operation during full suspension determination.
536QJ Operation of a road transport contractual chain order
A road transport contractual chain order is not in operation during any period when a full suspension determination is in operation.
FWC must consider varying or revoking a road transport contractual chain order that has been deferred or suspended.
536QK FWC must consider whether to vary or revoke a road
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.76
536QL FWC to prepare and publish a notice relating to proposed
Publish notice of intent before varying or revoking road transport contractual chain order
536QL(1) FWC to prepare and publish a notice relating to proposed
FWC must publish notice and draft order on website and other means.
536QL(2) FWC to prepare and publish a notice relating to proposed
Classifies as obligation to publish notice and draft order.
536QM Affected entities to have a reasonable opportunity to make
Affected entities must make written submissions to the FWC for consideration.
536QM(1) Affected entities to have a reasonable opportunity to make
536QM(1A) Affected entities to have a reasonable opportunity to make
536QM(2) Affected entities to have a reasonable opportunity to make
536QM(3) Affected entities to have a reasonable opportunity to make
Publish material on FWC's website and other means.
536QM(4) Affected entities to have a reasonable opportunity to make
(4) The publishing of material under subsections (2) and (3)
Must publish material on FWC's website and other means.
must be on the FWC’s website and by any other means the FWC considers appropriate.
A reference to a submission under this section includes a reference to a summary or statement referred to in paragraph (3)(b).
536QM(5) Affected entities to have a reasonable opportunity to make
Affected entities must be notified of proposed variation or revocation of road transport contractual chain order.
536QM(6) Affected entities to have a reasonable opportunity to make
Notification must occur before the proposed variation or revocation takes effect
Proposed variation or revocation is conditional on publication of notice
The regulation is designed to ensure that affected entities are notified of proposed variation or revocation
Regulation is intended to protect the interests of affected entities
Affected entity has a right to notification
Notification is a requirement for affected entities
Affected entity likely to be affected by proposed variation or revocation
Notification must be provided to affected entities within a reasonable timeframe
The notification requirement is a key aspect of the regulation
Regulation is designed to protect the interests of affected entities
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.78
536QN Finalising draft order
536QN(1) Finalising draft order
FWC must decide not to vary the road transport contractual chain order based on a revised draft, publish a subsequent notice of intent, and follow a process.
536QN(2) Finalising draft order
The FWC's decision overlaps with the publication of a subsequent notice of intent.
FWC has an obligation to decide not to vary the road transport contractual chain order.
536QN(3) Finalising draft order
FWC may reduce 12-month period for time-sensitive road transport contractual chain orders.
536QN(4) Finalising draft order
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.79
536QP Road transport contractual chain guidelines
Guidelines for regulated road transport contractors and employees.
536QP(1) Road transport contractual chain guidelines
FWC may make road transport contractual chain guidelines on its own initiative or on application under section 536QQ.
536QP(2) Road transport contractual chain guidelines
536QQ Applications for road transport contractual chain guidelines
Any organisation or person may apply for the making of road transport contractual chain guidelines.
536QQ(1) Applications for road transport contractual chain guidelines
Application for road transport contractual chain guidelines must specify class of persons to be covered.
536QQ(2) Applications for road transport contractual chain guidelines
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.80
536QR Decisions on applications for road transport contractual
The FWC may decide to refuse, make guidelines, or make an order.
536QR(1) Decisions on applications for road transport contractual
Refusal of application based on prioritisation direction
536QR(2) Decisions on applications for road transport contractual
the application is not consistent with a direction of the President under subsection 582(4D) prior to the FWC's consideration
Temporal interval for prioritisation direction
the application is not consistent with a direction of the President under subsection 582(4D) in classification prior to the FWC's consideration
Classification of applications based on prioritisation direction by CogAI
the FWC may refuse to consider the application
the application is not consistent with a direction of the President under subsection 582(4D) in diffusion prior to the FWC's consideration
the application is not consistent with a direction of the President under subsection 582(4D) in recurring traces prior to the FWC's consideration
Recurring trace for prioritisation direction
FWC must not make road transport contractual chain guidelines that cover the same persons in a road transport contractual chain in relation to the same matters as a road transport contractual chain order.
536QS Road transport contractual chain guidelines not to be made
Prohibition of making guidelines that cover the same persons in a road transport contractual chain.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.81
Road transport contractual chain guidelines must include terms setting out the same matters in relation to road transport contractual chain orders.
536QT Terms that must be included in road transport contractual
Road transport contractual chain guidelines may include terms about any of the matters that may be included in road transport contractual chain orders under section 536PQ.
536QU Terms that may be included in road transport contractual
Terms about matters that must not be included in road transport
536QV Terms that must not be included in road transport
536QW FWC may vary or revoke road transport contractual chain
FWC may vary or revoke road transport contractual chain guidelines
536QW(1) FWC may vary or revoke road transport contractual chain
536QW(2) FWC may vary or revoke road transport contractual chain
536QW(3) FWC may vary or revoke road transport contractual chain
The FWC may make a determination varying road transport contractual chain guidelines at any time
Describes the temporal scope of the FWC's power to vary or revoke road transport contractual chain guidelines
Chapter 3B Minimum standards for persons in a road transport contractual chain
The FWC may make a determination varying road transport contractual chain guidelines for any person or entity
Describes the scope of the FWC's power to vary or revoke road transport contractual chain guidelines
FWC may make a determination varying road transport contractual chain guidelines
Describes the FWC's power to vary or revoke road transport contractual chain guidelines
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.82
Any of the following may apply for a determination varying or revoking road transport contractual chain guidelines.
536QX Applications to vary or revoke road transport contractual
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.84
Civil remedies may be sought in relation to contraventions of these civil remedy provisions.
537 Guide to this Part
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.85
538 Meanings of employee and employer
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.86
539 Applications for orders in relation to contraventions of civil
A provision referred to in column 1 of an item in the table is a civil remedy provision.
539(1) Applications for orders in relation to contraventions of civil
...is related to a provision during subsection (2)
(1) A provision referred to in column 1 of an item in the table...
...can be applied using artificial intelligence.
...can be classified as multiple types of provisions.
...meets multiple conditions for classification as a civil remedy provision.
Persons may apply for orders in relation to contraventions of civil remedy provisions.
539(2) Applications for orders in relation to contraventions of civil
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.120
540 Limitations on who may apply for orders etc.
Only specific persons may apply for an order under this Division.
540(1) Limitations on who may apply for orders etc.
...may apply for an order under this Division.
Restriction on who may apply for an order
Employee organisations and associations can apply for orders under this Division if an employee is affected by a contravention or proposed contravention.
540(2) Limitations on who may apply for orders etc.
The organisation or association is entitled to represent the industrial interests of the employee.
Must represent industrial interests of employee
Organisation must represent industrial interests of employee
Permission to apply for orders if conditions met
(a) The employee is affected by the contravention, or will be affected by the proposed contravention; and (b) The organisation or association is entitled to represent the industrial interests of the employee.
Obligation on organisations and associations to apply for orders
540(3) Limitations on who may apply for orders etc.
Only employee organisations entitled to represent outworker interests can apply for orders.
540(4) Limitations on who may apply for orders etc.
Employee organisation is entitled to represent industrial interests of outworker.
Employer organisations can apply for orders under this Division if a member is affected by the contravention.
540(5) Limitations on who may apply for orders etc.
Employer organisations can apply for orders under this Division.
An industrial association may apply for an order under this Division only if affected by the contravention.
540(6) Limitations on who may apply for orders etc.
The industrial association may apply for an order under this Division.
Industrial association has right to apply for order
The industrial association is affected by the contravention.
Industrial association has permission to apply for order
The industrial association is entitled to represent the industrial interests of the person.
Industrial association has right to represent the industrial interests of the person
The industrial association is affected by the contravention or will be affected by the proposed contravention.
Industrial association has right to apply for order if affected
Employee organisations, registered employee associations or employer organisations may apply for an order under certain conditions.
540(7) Limitations on who may apply for orders etc.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.123
541 Applications for orders in relation to safety net contractual
Employer must comply with provision or term if inspector applies for order.
541(1) Applications for orders in relation to safety net contractual
Inspector applies for order after employer contravenes provision or term.
Section 541(1) applies if an inspector applies to a court for an order.
Inspector does not have authority to apply for order unless employer contravenes provision or term.
Employer must comply with provision or term.
Section 541(1) applies to an employer's contravention or proposed contravention of a provision or term referred to in subsection (3).
Employer must comply with provision or term before inspector applies for order.
Inspector may apply to court for order in relation to employer's contravention of safety net contractual entitlement.
541(2) Applications for orders in relation to safety net contractual
List of provisions and terms that must be included in safety net contractual applications.
541(3) Applications for orders in relation to safety net contractual
Must include specific provisions and terms.
542 Entitlements under contracts
Entitlement of national system employer or employee under this Act
542(1) Entitlements under contracts
Entitlements under contracts subject to modifications by laws or instruments of the safety net.
542(2) Entitlements under contracts
Application for orders in relation to statutory entitlements
543 Applications for orders in relation to statutory entitlements
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.124
Time limit for applications related to contraventions
544 Time limit on applications
545 Orders that can be made by particular courts
Federal Court or Federal Circuit and Family Court of Australia may make orders if a person has contravened a civil remedy provision.
545(1) Orders that can be made by particular courts
If a person has contravened a civil remedy provision, the court may not make an order.
Prohibits making orders if a person has contravened a civil remedy provision.
The court may make any order the court considers appropriate.
Injunctions are not granted in relation to industrial action under subsections 417(3) and 421(3).
Prohibits granting injunctions in relation to industrial action under subsections 417(3) and 421(3).
The Federal Court and the Federal Circuit and Family Court of Australia (Division 2) may grant injunctions in relation to industrial action.
Orders are not allowed if a person has contravened subsection 463(1) or (2).
There are limitations on orders that can be made in relation to contraventions of subsection 463(1) or (2).
Orders are recurring if a person has contravened a civil remedy provision.
Orders can be made if a person has contravened a civil remedy provision.
The court may make any order the court considers appropriate if the court is satisfied that a person has contravened, or proposes to contravene, a civil remedy provision.
Orders that can be made by particular courts
545(2) Orders that can be made by particular courts
Employer must pay amount to employee if court is satisfied employer has contravened civil remedy provision.
545(3) Orders that can be made by particular courts
Outworker entity must pay amount to outworker if required by modern award and failed to do so
545(3A) Orders that can be made by particular courts
Outworker entity must pay amount within a certain temporal interval after failing to do so
Temporal interval between outworker entity's failure to pay and court order
Court orders outworker entity to pay amount on behalf of outworker if required by modern award and failed to do so
Outworker entity is liable for payment if required by modern award and failed to do so
Recognition of outworker entity's liability for payment
Outworker entity has contravened civil remedy provision by failing to pay amount
Outworker entity must pay amount to outworker if failed to do so
Prohibition of non-payment by outworker entity
Outworker entity required to pay amount under modern award
Diffusion of obligation from court to outworker entity
Outworker entity must pay amount on a recurring basis after failing to do so
Recurring obligation of outworker entity to pay amount to outworker if required by modern award and failed to do so
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.126
545A Orders relating to casual loading amounts
Employer must pay casual loading amount if applicable
545A(1) Orders relating to casual loading amounts
Employer has a duty to pay casual loading amount
Employer pays identifiable amount for not having relevant entitlements
Court must reduce claim amount by loading amount.
545A(2) Orders relating to casual loading amounts
Court making orders in relation to claim.
Court may reduce claim amount by proportion of loading amount
545A(3) Orders relating to casual loading amounts
Court has permission to reduce claim amount
References relevant entitlements under National Employment Standards, fair work instruments, or contracts of employment.
545A(4) Orders relating to casual loading amounts
Entitlement includes accrued but untaken entitlements.
545A(5) Orders relating to casual loading amounts
Entitlement is a class/subclass relationship
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.128
546 Pecuniary penalty orders
Pecuniary penalty orders cannot be made in relation to conduct that contravenes a term of an enterprise agreement only because of the retrospective effect of an amendment made under paragraph 227B(3)(b).
546(1) Pecuniary penalty orders
546(2) Pecuniary penalty orders
The pecuniary penalty is within the specified range
Limits pecuniary penalty to within a specific range
(2) Subject to this section, the pecuniary penalty must not be more...
The analysis reveals a specific pecuniary penalty amount
Analyzes pecuniary penalty amount based on individual or corporate status
(a) if the person is an individual—the maximum number of...
The pecuniary penalty must not exceed...
Prohibits exceeding maximum pecuniary penalty amount
The limitation applies to all individuals and corporations
Spreads limitation of pecuniary penalty across different individuals or corporations
The pecuniary penalty follows a recurring pattern
Limits pecuniary penalty to a recurring pattern
Maximum penalty for pecuniary order not to exceed greater of underpayment amount or three times the underpayment amount.
546(2A) Pecuniary penalty orders
Specify who can receive pecuniary penalty payments.
546(3) Pecuniary penalty orders
Combine alternatives for payment recipients
The pecuniary penalty may be recovered as a debt due to the person to whom the penalty is payable.
546(4) Pecuniary penalty orders
Imposes a duty on the state to recover the penalty as a debt.
Court may make pecuniary penalty order in addition to other orders.
546(5) Pecuniary penalty orders
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.130
546A Underpayment amounts associated with contravention of civil
Employer must pay underpayment amount to employee if required.
546A(1) Underpayment amounts associated with contravention of civil
Failure to pay required amount occurs on or before due date.
The conduct results in a failure to pay the required amount.
Employer's conduct must result in underpayment amount.
(2) The underpayment amount the contravention is associated with is, to the extent it can be determined by the court, the difference between: (a) the required amount mentioned in paragraph (1)(a); and (b) the amount (including a nil amount) the employer actually paid to, on behalf of, or for the benefit of, the employee on account of the required amount.
Determine underpayment amount associated with contravention of civil
546A(2) Underpayment amounts associated with contravention of civil
Imposes a duty on the state to determine underpayment amounts
547 Interest up to judgment
Person required to pay amount under Act or fair work instrument
547(1) Interest up to judgment
Court must include interest in sum ordered unless good cause is shown.
547(2) Interest up to judgment
Court must consider period between Compliance and enforcement when determining interest amount.
547(3) Interest up to judgment
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.132
548 Plaintiffs may choose small claims procedure
Plaintiffs may choose small claims procedure
548(1) Plaintiffs may choose small claims procedure
(1) Proceedings are to be dealt with as small claims proceedings under this section if:
Employer and outworker entity obligations regarding employee payments.
548(1A) Plaintiffs may choose small claims procedure
Proceedings may be dealt with as small claims proceedings if certain conditions are met.
548(1B) Plaintiffs may choose small claims procedure
Small claims procedure applies to certain proceedings
548(1C) Plaintiffs may choose small claims procedure
Permission to apply small claims procedure
Court may not award more than $100,000 in small claims proceedings.
548(2) Plaintiffs may choose small claims procedure
Interest awarded under section 547 does not count towards the maximum amount that the court may award.
548(2A) Plaintiffs may choose small claims procedure
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.136
No offence for contravening civil remedy provision
549 Contravening a civil remedy provision is not an offence
550 Involvement in contravention treated in same way as actual
A person involved in a contravention of a civil remedy provision is taken to have contravened that provision.
550(1) Involvement in contravention treated in same way as actual
If involved in a contravention, then obligation is met.
A person is involved in a contravention if they meet certain conditions.
550(2) Involvement in contravention treated in same way as actual
or (d) has conspired with others to effect the contravention.
Temporal relationship for involvement in contravention
(c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention;
if, and only if, the person meets certain conditions.
(2) A person is involved in a contravention of a civil remedy provision...
Recurring trace for involvement in contravention
(a) has aided, abetted, counselled or procured the contravention;
Court must apply rules of evidence and procedure for civil matters when hearing proceedings relating to a contravention or proposed contravention of a civil remedy provision.
551 Civil evidence and procedure rules for proceedings relating to
Court must apply rules of evidence and procedure.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.137
Court cannot impose pecuniary penalty order on person convicted of related offence.
552 Civil proceedings after criminal proceedings
553 Criminal proceedings during civil proceedings
Stay of proceedings for pecuniary penalty order against a person for contravention of civil remedy provision if criminal proceedings are commenced or have already commenced against the person for an offence.
553(1) Criminal proceedings during civil proceedings
...if criminal proceedings are commenced or have already commenced against the person for an offence; and
The excerpt describes a temporal overlap between criminal and civil proceedings.
(1) Proceedings for a pecuniary penalty order against a person for a contravention of a civil remedy provision are stayed...
The excerpt implies that if criminal proceedings are commenced or have already commenced against a person, then proceedings for pecuniary penalty order against the person for contravention of civil remedy provision should be stayed.
Prohibition of proceedings for pecuniary penalty order against a person for contravention of civil remedy provision if criminal proceedings are commenced or have already commenced against the person for an offence.
There is an obligation to stay proceedings for pecuniary penalty order against a person for contravention of civil remedy provision if criminal proceedings are commenced or have already commenced against the person for an offence.
The excerpt describes a recurring relationship between criminal and civil proceedings.
Proceedings for order may be resumed if not convicted.
553(2) Criminal proceedings during civil proceedings
...the proceedings for the order are dismissed.
(2) The proceedings for the order may be resumed...
Criminal proceedings may be commenced against a person for conduct substantially the same as a civil remedy provision
554 Criminal proceedings after civil proceedings
Permission to commence criminal proceedings
Evidence of information given or documents produced by an individual is not admissible in criminal proceedings if the individual previously gave the information or produced the documents in proceedings for a pecuniary penalty order.
555 Evidence given in proceedings for pecuniary penalty not
Prohibits the admissibility of evidence in criminal proceedings.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.138
No double liability for pecuniary penalties under different laws.
556 Civil double jeopardy
No double liability implies no liability.
No double liability prohibits other laws from imposing pecuniary penalties.
557 Course of conduct
Multiple contraventions of a civil remedy provision constitute a single contravention if committed by the same person and arising out of a course of conduct.
557(1) Course of conduct
The course of conduct overlaps with the contraventions.
Course of conduct overlaps with multiple contraventions.
(a) the contraventions are committed by the same person; and (b) the contraventions arose out of a course of conduct.
The course of conduct implies the contraventions.
Course of conduct implies multiple contraventions.
The contraventions constitute a single contravention.
Multiple contraventions constitute a single obligation.
The course of conduct constitutes a single obligation.
Course of conduct constitutes a single obligation.
The contraventions are combined using conjunction.
Multiple contraventions are combined using conjunction.
557(2) Course of conduct
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.141
557A Serious contravention of civil remedy provisions
A contravention of a civil remedy provision is a serious contravention if the person knowingly or recklessly contravened the provision.
557A(1) Serious contravention of civil remedy provisions
Non-compliance is a serious contravention.
Obligation to comply with civil remedy provisions.
Prohibition on non-compliance with civil remedy provisions.
Reckless disregard for risk of contravention
557A(2) Serious contravention of civil remedy provisions
The person must take reasonable care to avoid recklessness.
(a) the person is aware of a substantial risk that the contravention would occur; and (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk.
The person must exercise reasonable care to mitigate the risk.
The person must report their recklessness.
The person knows they are taking an unjustifiable risk.
Knowledge of substantial risk implies reckless disregard
[Time interval during which recklessness applies]
Knew of serious contravention by principal
557A(5A) Serious contravention of civil remedy provisions
Involved person knew the principal's contravention was a serious contravention.
Knowledge of serious contravention required
Involved person must know the principal's contravention was a serious contravention.
Involved person has obligation to report serious contravention
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.142
557B Liability of bodies corporate for serious contravention
Body corporate must authorise contravention for liability to apply
557B(1) Liability of bodies corporate for serious contravention
Temporal interval between authorisation and contravention relevant for liability
(1) For the purposes of subsection 557A(1), a body corporate knowingly contravenes a civil remedy provision if the body corporate expressly, tacitly or impliedly authorised the contravention.
Express, tacit or implied authorisation required for liability
Express, tacit or implied authorisation required for liability to apply
Ordered trace of authorisation and contravention relevant for liability
Liability of bodies corporate for serious contravention
557B(2) Liability of bodies corporate for serious contravention
Obligation to provide liability for serious contravention
(2) This section does not limit section 793.
557C Presumption where records not provided
Employer has burden of disproving allegation if records not provided
557C(1) Presumption where records not provided
Employer's failure to provide records occurs during the proceedings
Employer failed to comply with the requirement
Employer's obligation implies employer must disprove allegation
Employer has burden of disproving the allegation
CogAI recognizes employer's obligation to provide records
Employer required to make and keep a record
Employer has obligation to provide records
Allegation diffuses to employer's obligation to provide records
Employer must provide a reasonable excuse for non-compliance with subsection 557C(1)(b).
557C(2) Presumption where records not provided
Employer has an obligation to provide a reasonable excuse.
557C(3) Presumption where records not provided
Presumption of certain civil remedy provisions
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.143
Alternative to civil proceedings for alleged infringement
558 Regulations dealing with infringement notices
Allows Commonwealth to permit alternative to civil proceedings
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.145
558A Meaning of franchisee entity and responsible franchisor entity
558A(1) Meaning of franchisee entity and responsible franchisor entity
Person is a responsible franchisor entity for a franchisee entity if they have significant influence or control over the franchisee's affairs.
558A(2) Meaning of franchisee entity and responsible franchisor entity
if they have significant influence or control over the franchisee's affairs.
Definition of responsible franchisor entity
(2) A person is a responsible franchisor entity for a franchisee entity...
Responsible franchisor entities must comply with civil remedy provisions.
558B Responsibility of responsible franchisor entities and holding
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.149
558C Right of responsible franchisor entity or holding company to
Right of responsible franchisor entity or holding company to recover amount paid by employee
558C(1) Right of responsible franchisor entity or holding company to
The recovery must occur during the same period as the payment.
Recovery must occur during the same period as payment
(a) a person pays an amount to, or on behalf of, an employee
The person has the right to recover the amount.
Right to recover unrecovered amount from employer
558C(2) Right of responsible franchisor entity or holding company to
(2) The person may commence proceedings...
Proceedings may be commenced in specified courts.
558C(3) Right of responsible franchisor entity or holding company to
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.151
559 Unclaimed money
Employer obligation to pay unclaimed money
559(1) Unclaimed money
Employer has an obligation to pay unclaimed money
Employer's discharge from liability to employee for amount paid
559(2) Unclaimed money
Payment of the amount is a sufficient discharge
The Fair Work Ombudsman must pay an amount to a person if they are entitled.
559(3) Unclaimed money
559(3A) Unclaimed money
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.153
560 Guide to this Part
561 Meanings of employee and employer
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.154
Jurisdiction is conferred on the Federal Court in relation to any matter arising under this Act.
562 Conferring jurisdiction on the Federal Court
Jurisdiction of the Federal Court in exercising jurisdiction in the Fair Work Division of the Federal Court.
563 Exercising jurisdiction in the Fair Work Division of the Federal
The Federal Court has jurisdiction in exercising jurisdiction in the Fair Work Division of the Federal Court.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.155
Federal Court's powers are not limited by this Act.
564 No limitation on Federal Court’s powers
565 Appeals from eligible State or Territory courts
Appeal to Federal Court from eligible State or Territory court decision
565(1) Appeals from eligible State or Territory courts
An appeal lies to the Federal Court from a decision of an eligible State or Territory court exercising jurisdiction under this Act.
No appeal from eligible State or Territory court decisions under certain conditions.
565(1A) Appeals from eligible State or Territory courts
Prohibits appeals from eligible State or Territory court decisions under certain conditions.
Appeal from eligible State or Territory court decision
565(1B) Appeals from eligible State or Territory courts
No appeal lies from a decision to which subsection (1B) applies, except an appeal as provided for by that subsection.
565(1C) Appeals from eligible State or Territory courts
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.157
Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) in relation to any civil matter arising under this Act.
566 Conferring jurisdiction on the Federal Circuit and Family
Therefore, jurisdiction is conferred during the period in which this Act applies
Jurisdiction is conferred during the period in which this Act applies
This Act confers jurisdiction on the Federal Circuit and Family Court of Australia (Division 2) in relation to any civil matter arising under this Act
Therefore, the State has jurisdiction over the Federal Circuit and Family Court of Australia (Division 2)
The State has jurisdiction over the Federal Circuit and Family Court of Australia (Division 2)
This Act confers jurisdiction on the Federal Circuit and Family Court of Australia (Division 2)
Therefore, the State must provide jurisdiction over the Federal Circuit and Family Court of Australia (Division 2) in relation to any civil matter arising under this Act
The State must provide jurisdiction over the Federal Circuit and Family Court of Australia (Division 2) in relation to any civil matter arising under this Act
Therefore, the scope of jurisdiction for the Federal Circuit and Family Court of Australia (Division 2) is defined by this Act
The scope of jurisdiction for the Federal Circuit and Family Court of Australia (Division 2) is defined by this Act
Therefore, jurisdiction is applicable everywhere within the scope of the Act
Jurisdiction is applicable everywhere within the scope of the Act
Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) in relation to matters arising under this Act.
567 Exercising jurisdiction in the Fair Work Division of the Federal
The jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) overlaps with the jurisdiction of the Federal Court.
The jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) is defined by section 566.
The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction over matters arising under this Act.
The jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) diffuses into the jurisdiction of the Federal Court.
The jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) occurs before the jurisdiction of the Federal Court.
Nothing in this Act limits the powers of the Federal Circuit and Family Court of Australia (Division 2) under Chapter 4.
568 No limitation on powers of the Federal Circuit and Family
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.159
569 Minister’s entitlement to intervene
The Minister has an obligation to intervene on behalf of the Commonwealth in court proceedings.
569(1) Minister’s entitlement to intervene
The Minister has an obligation to intervene.
Minister's entitlement to intervene in proceedings
569(2) Minister’s entitlement to intervene
...the Minister is taken to be a party to the proceedings.
Minister is taken to be a party to proceedings
Minister's intervention implies being a party to proceedings
Court may order costs against Commonwealth if Minister intervenes or institutes appeal.
569(3) Minister’s entitlement to intervene
569A State or Territory Minister’s entitlement to intervene
Minister's obligation to intervene in court proceedings
569A(1) State or Territory Minister’s entitlement to intervene
Minister's intervention in proceedings is considered a party to the appeal.
569A(2) State or Territory Minister’s entitlement to intervene
Minister's intervention overlaps with appeal proceedings.
Minister's intervention is an obligation.
Court may order costs against State or Territory if Minister intervenes
569A(3) State or Territory Minister’s entitlement to intervene
Minister's intervention is a prerequisite for court order
Minister's intervention occurs before court orders costs
Court orders costs after Minister intervenes
Court orders costs due to Minister's intervention
Minister's intervention spreads to affect costs
Minister intervenes in workplace relations matters
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.160
570 Costs only if proceedings instituted vexatiously etc.
Party may be ordered to pay costs incurred by another party.
570(1) Costs only if proceedings instituted vexatiously etc.
Party must pay costs only under specific conditions.
570(2) Costs only if proceedings instituted vexatiously etc.
Prohibits paying costs unless conditions are met.
571 No imprisonment for failure to pay pecuniary penalty
Court cannot order imprisonment for failure to pay pecuniary penalty.
571(1) No imprisonment for failure to pay pecuniary penalty
No imprisonment for failure to pay pecuniary penalty
571(2) No imprisonment for failure to pay pecuniary penalty
Despite any other law, this section applies.
Overlaps with other laws that do not apply despite other laws
This section overlaps with other laws that do not apply despite other laws
Recognizes the applicability of this section despite other laws
This section is recognized as applicable despite other laws
Implies no imprisonment for failure to pay pecuniary penalty
This section excludes imprisonment for failure to pay pecuniary penalty.
Excludes imprisonment for failure to pay pecuniary penalty
Imprisonment is not a consequence of failing to pay pecuniary penalty
Combines with other laws to determine applicability
This section combines with other laws to determine applicability
Fees for court proceedings under this Act may be provided by regulations.
572 Regulations dealing with matters relating to court proceedings
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.161
573 Guide to this Part
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.162
574 Meanings of employee and employer
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.163
575 Establishment of the Fair Work Commission
Continuation of Fair Work Australia as the Fair Work Commission
575(1) Establishment of the Fair Work Commission
Establishment of the Fair Work Commission
575(2) Establishment of the Fair Work Commission
List of functions conferred by the Act on the FWC
576 Functions of the FWC
The FWC has functions conferred by this Act
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.165
577 Performance of functions etc. by the FWC
The FWC must perform its functions in a fair, just, quick, informal, open, and transparent manner.
577(1) Performance of functions etc. by the FWC
Obligation to perform functions in a fair and just manner.
Must have regard to guidelines and community outreach in multiple languages
577(2) Performance of functions etc. by the FWC
FWC must consider certain matters when performing functions or exercising powers.
578 Matters the FWC must take into account in performing
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.166
The FWC has privileges and immunities of the Crown.
579 FWC has privileges and immunities of the Crown
580 Protection of FWC Members
Ensure efficient and adequate performance of FWC functions.
581 Functions of the President
The President MUST ensure efficiency and adequacy.
The President is responsible for ensuring that the FWC performs its functions.
The President MUST ensure adequate service to employers, employees, and persons covered by Chapters 3A and 3B.
Ensure adequate service to employers, employees, and persons covered by Chapters 3A and 3B
The President is responsible for ensuring that the FWC performs its functions and exercises its powers in a manner that: (a) is efficient; and (b) adequately serves the needs of employers and employees throughout Australia; and (c) adequately serves the needs of persons covered by Chapter 3A; and (d) adequately serves the needs of persons covered by Chapter 3B.
The President MUST facilitate cooperation with prescribed State industrial authorities.
Facilitate cooperation with prescribed State industrial authorities
The President must perform his or her own functions and exercise his or her own powers in a manner that facilitates cooperation with prescribed State industrial authorities.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.167
581A Dealing with a complaint about an FWC Member
The President may deal with a complaint about an FWC Member's performance.
581A(1) Dealing with a complaint about an FWC Member
The President has the obligation to deal with a complaint.
The President must deal with a complaint about an FWC Member.
581A(2) Dealing with a complaint about an FWC Member
The President must deal with a complaint.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.169
581B Code of Conduct
Determine a Code of Conduct for FWC Members
581B(1) Code of Conduct
Does not limit section 582 regarding Presidential directions.
581B(2) Code of Conduct
Excludes limitation on Presidential direction
Publish Code of Conduct on FWC's website or by other means considered appropriate.
581B(3) Code of Conduct
Classify as obligation to publish Code of Conduct
A determination under subsection (1) is not a legislative instrument.
581B(4) Code of Conduct
582 Directions by the President
The President may give directions on how to perform FWC functions.
582(1) Directions by the President
The President may give a direction that is of a general nature, or relates to a particular matter, to one or more of the following persons.
582(2) Directions by the President
The direction must not relate to a decision by the FWC.
582(3) Directions by the President
The direction must relate to a decision by the FWC.
Directions about modern award terms and exercise of powers
582(4) Directions by the President
During 4 yearly reviews of default fund terms
(aa) a direction about the conduct of 4 yearly reviews of default fund terms of modern awards under Division 4A of Part 2-3;
(ab) a direction about the exercise of modern award powers in accordance with Division 5 of Part 2-3;
Requires direction about exercise of powers
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.171
The President is not subject to direction by or on behalf of the Commonwealth.
583 President not subject to direction
The President is not subject to direction.
The President may delegate certain functions or powers to a Vice President or Deputy President.
584 Delegation of functions and powers of the President
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.172
584B Protection of persons involved in handling etc. complaints
Protection of persons exercising powers or functions under FWC Member relations
584B(1) Protection of persons involved in handling etc. complaints
...in relation to a complaint about an FWC Member, or assisting in exercising those powers or performing those functions...
During exercise of powers or performance of functions
(1) A person who is exercising powers or performing functions...
...has the same protection and immunity as a Justice of the High Court.
Entails protection and immunity for persons exercising powers or functions
Recognizes protection and immunity for persons exercising powers or functions
Same protection and immunity as a Justice of the High Court
Diffuses protection and immunity for persons exercising powers or functions
Protection of witnesses in handling complaints
584B(2) Protection of persons involved in handling etc. complaints
...has the same protection, and is subject to the same liabilities...
Temporal relation between witness attendance and liability
(2) A witness requested to attend, or appearing, before a complaint handler...
Same protection as a witness in High Court proceedings
...is subject to the same liabilities...
Same liabilities as a witness in High Court proceedings
Protection of persons involved in handling complaints
584B(3) Protection of persons involved in handling etc. complaints
(3) A lawyer assisting, or appearing on behalf of a person before, a complaint handler...
entails immunity for the person involved in handling complaints.
recognizes the protection afforded to persons involved in handling complaints.
has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.
Same protection and immunity as a barrister
diffuses immunity to the persons involved in handling complaints.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.173
Application must comply with procedural rules.
585 Applications in accordance with procedural rules
Allow correction or amendment of applications and documents
586 Correcting and amending applications and documents etc.
587 Dismissing applications
Dismissing applications without limiting FWC's power
587(1) Dismissing applications
587(2) Dismissing applications
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.174
A person may discontinue an application to the FWC.
588 Discontinuing applications
589 Procedural and interim decisions
The FWC may make decisions as to how, when and where a matter is to be dealt with.
589(1) Procedural and interim decisions
The FWC may make an interim decision in relation to a matter before it.
589(2) Procedural and interim decisions
The FWC may make a decision under this section on its own initiative or on application.
589(3) Procedural and interim decisions
589(4) Procedural and interim decisions
590 Powers of the FWC to inform itself
The FWC may inform itself in relation to any matter before it.
590(1) Powers of the FWC to inform itself
The FWC may inform itself in various ways.
590(2) Powers of the FWC to inform itself
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.175
FWC is not bound by rules of evidence and procedure.
591 FWC not bound by rules of evidence and procedure
It implies that FWC's exemption applies during its proceedings.
FWC's exemption applies during its proceedings.
The FWC is not bound by the rules of evidence and procedure.
It implies that the FWC is exempt from these rules.
FWC's exemption from rules of evidence and procedure.
FWC is exempt from rules of evidence and procedure.
It implies that FWC's exemption diffuses to other entities.
FWC's exemption diffuses to other entities.
It implies that these rules are excluded by FWC's exemption.
Rules of evidence and procedure are excluded by FWC's exemption.
The FWC may direct a person to attend a conference.
592 Conferences
Directing someone to attend a conference is an obligation.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.176
593 Hearings
The FWC is not required to hold a hearing in performing functions or exercising powers, except as provided by this Act.
593(1) Hearings
Hearing must be held in public, except as provided by subsection (3).
593(2) Hearings
Restrictions on publication of hearing evidence and documents
593(3) Hearings
(3) The FWC may make the following orders...
Exemption from subsection (3) for annual wage review submissions
593(4) Hearings
Exempts publication of submissions from subsection (3)
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.177
594 Confidential evidence
Order prohibiting or restricting publication of confidential evidence
594(1) Confidential evidence
Prohibits publication of confidential evidence
Exemption from subsection (1) for publication of submissions to FWC in annual wage review
594(2) Confidential evidence
Temporal relationship between submission and annual wage review
Submission made before or during annual wage review
595 FWC’s power to deal with disputes
FWC must be expressly authorised to deal with disputes.
595(1) FWC’s power to deal with disputes
FWC may deal with a dispute as it considers appropriate.
595(2) FWC’s power to deal with disputes
FWC may deal with disputes by arbitration only if authorized under another provision.
595(3) FWC’s power to deal with disputes
FWC's power to deal with disputes by arbitration is limited to the authorized period.
Dispute resolution must occur during authorized period.
Authorized period for dispute resolution.
FWC's power to deal with disputes by arbitration is implied by expressed authorization.
Expressed authorization implies FWC's power to deal with disputes by arbitration.
FWC's power to deal with disputes by arbitration is enabled by artificial intelligence.
FWC's power to deal with disputes by arbitration is exercised through AI.
Obligation to deal with disputes by arbitration.
FWC's power to deal with disputes by arbitration allows for dissemination of dispute resolution information.
Dispute resolution information may be disseminated through FWC.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.178
596 Representation by lawyers and paid agents
Permission required for representation by lawyer or paid agent
596(1) Representation by lawyers and paid agents
Grant permission for representation by lawyers or paid agents under certain conditions.
596(2) Representation by lawyers and paid agents
Grant permission for representation by lawyers or paid agents.
No FWC permission required for representation by lawyers or paid agents in certain submissions.
596(3) Representation by lawyers and paid agents
A person is not represented by a lawyer or paid agent if the lawyer or paid agent meets certain conditions.
596(4) Representation by lawyers and paid agents
Temporal relation between lawyer/paid agent and person
(a) is an employee or officer of the person;
the lawyer or paid agent meets certain conditions.
(4) For the purposes of this section, a person is taken not to be represented by a lawyer or paid agent if...
Conditional representation and cognitive processing
if the lawyer or paid agent meets certain conditions.
(4) For the purposes of this section, a person is taken not to be represented by a lawyer or paid agent...
Conditional representation and diffusion of information
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.179
597 Minister’s entitlement to make submissions
Minister's entitlement to make submissions for matters before the FWC
597(1) Minister’s entitlement to make submissions
The Minister has a right to make submissions
Minister has a right to make submissions
The Minister is entitled to make a submission
The Minister has permission to make submissions for matters before the FWC
Minister has permission to make submissions for matters before the FWC
The Minister has a right to make submissions for matters involving public sector employment
Minister has a right to make submissions for matters involving public sector employment
The matter involves public sector employment
The Minister has a right to make submissions for matters before the FWC if in the public interest
Minister has a right to make submissions for matters before the FWC if in the public interest
The matter is before a Full Bench and it is in the public interest for the Minister to make a submission
Minister's entitlement to make submissions
597(2) Minister’s entitlement to make submissions
Minister's entitlement to make submissions for consideration in relation to a matter before the FWC.
597A State or Territory Minister’s entitlement to make submissions
The Minister of a State or Territory who has responsibility for workplace relations matters is entitled to make a submission for consideration in relation to a matter before the FWC.
Minister's submissions are related to a specific temporal interval.
(a) the matter is before a Full Bench; and (b) it is in the public interest of the State or Territory for the Minister of the State or Territory to make a submission.
Minister has entitlement to make submissions.
Minister has responsibility for workplace relations matters.
(b) it is in the public interest of the State or Territory for the Minister of the State or Territory to make a submission.
Minister has an obligation to make submissions.
Minister's submissions have a recurring trace.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.180
598 Decisions of the FWC
598(1) Decisions of the FWC
Examples of decisions that the FWC makes include making modern awards...
A reference in this Part to a decision of the FWC includes any...
However, to avoid doubt, a reference to a decision of the FWC does not include...
Excludes certain statements and outcomes
Incorporates FWC's decision to make or vary an instrument into a reference to its decision.
598(2) Decisions of the FWC
Incorporates FWC's decision into a reference.
References an instrument as part of the FWC's decision-making process.
598(3) Decisions of the FWC
Temporal interval for making decision: (3)
Contains temporal interval for making decision
(3) A decision of the FWC that is described as an order must be made by order.
A decision of the FWC that is not described as an order may be made by order.
598(4) Decisions of the FWC
FWC is not required to make a decision in relation to an application.
599 FWC not required to decide an application in terms applied for
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.181
The FWC may determine a matter before it in the absence of a person who has been required to attend.
600 Determining matters in the absence of a person
601 Writing and publication requirements for the FWC’s decisions
Writing and publication requirements for FWC decisions
601(1) Writing and publication requirements for the FWC’s decisions
Obligation to write and publish FWC decisions
The FWC must provide written reasons for its decisions.
601(2) Writing and publication requirements for the FWC’s decisions
Decision must be expressed in plain English and easy to understand.
601(3) Writing and publication requirements for the FWC’s decisions
Publish FWC decisions and enterprise agreements on website or by other means.
601(4) Writing and publication requirements for the FWC’s decisions
Must publish FWC decisions and enterprise agreements.
Publishing is a requirement for the FWC's decisions.
Exemptions from subsection (4) apply to certain decisions
601(5) Writing and publication requirements for the FWC’s decisions
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.182
602 Correcting obvious errors etc. in relation to the FWC’s
The FWC may correct or amend obvious errors in its decisions.
602(1) Correcting obvious errors etc. in relation to the FWC’s
The FWC has the obligation to correct errors.
The FWC may correct or amend errors, defects, or irregularities.
602(2) Correcting obvious errors etc. in relation to the FWC’s
602A Validation of approval of enterprise agreement
The FWC may determine that the approval is as valid and effective, and is taken to have been as valid and effective, as it would have been if certain conditions were met.
602A(1) Validation of approval of enterprise agreement
the FWC does not have a duty to determine that the approval is as valid and effective, and is taken to have been as valid and effective, as it would have been if...
The FWC has a duty to determine that the approval is as valid and effective, and is taken to have been as valid and effective, as it would have been if certain conditions were met.
the requirements set out in subsection 185(2) or section 185A had not been met in relation to the application
the FWC's determination is not valid after a certain period of time.
The FWC's determination is only valid for a certain period of time.
the requirements set out in subsection 185(2) or section 185A had been met in relation to the application
FWC may make a determination under subsection (1)
602A(2) Validation of approval of enterprise agreement
Publish enterprise agreement on website or by other means
602A(3) Validation of approval of enterprise agreement
Subject to publication on website or by other means
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.183
Duty to correct erroneous application for approval of variation
602B Validation of approval of variation of enterprise agreement
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.184
603 Varying and revoking the FWC’s decisions
The FWC may vary or revoke its decisions.
603(1) Varying and revoking the FWC’s decisions
The FWC may vary or revoke a decision on its own initiative or upon application by an affected person.
603(2) Varying and revoking the FWC’s decisions
The FWC's decisions are classified by the regulations.
Prohibition on varying or revoking certain FWC decisions
603(3) Varying and revoking the FWC’s decisions
...vary or revoke any of the following decisions
Cannot vary or revoke specified decisions
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.185
604 Appeal of decisions
Permission to appeal a decision made by FWC or General Manager
604(1) Appeal of decisions
FWC must grant permission if in public interest.
604(2) Appeal of decisions
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.186
605 Minister’s entitlement to apply for review of a decision
Minister's entitlement to apply for review of a decision
605(1) Minister’s entitlement to apply for review of a decision
FWC must conduct a review of the decision if it is in the public interest.
605(2) Minister’s entitlement to apply for review of a decision
Minister's entitlement to make submissions for consideration in the review.
605(3) Minister’s entitlement to apply for review of a decision
Right of appeal or power of FWC under section 604 or 607 is unaffected.
605(4) Minister’s entitlement to apply for review of a decision
606 Staying decisions that are appealed or reviewed
Order staying operation of decision until appeal or review is made
606(1) Staying decisions that are appealed or reviewed
Imposes duty on FWC to stay operation of decision
Who can make an order under subsection (1) in relation to the appeal or review?
606(2) Staying decisions that are appealed or reviewed
Describes the timing of when an order can be made
Section does not apply in relation to a decision to make a protected action ballot order.
606(3) Staying decisions that are appealed or reviewed
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.187
607 Process for appealing or reviewing decisions
Appeal or review can be heard without a hearing under certain conditions.
607(1) Process for appealing or reviewing decisions
The FWC may admit further evidence and take into account other information or evidence.
607(2) Process for appealing or reviewing decisions
The FWC may confirm, quash or vary a decision.
607(3) Process for appealing or reviewing decisions
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.188
608 Referring questions of law to the Federal Court
The President may refer a question of law arising in a matter before the FWC for the opinion of the Federal Court.
608(1) Referring questions of law to the Federal Court
The Full Court of the Federal Court must determine a question of law referred under subsection (1).
608(2) Referring questions of law to the Federal Court
The Federal Court must determine the question.
FWC may make a decision in relation to the matter even if the Federal Court is determining the question of law, except if the question is whether the FWC may exercise powers in relation to the matter.
608(3) Referring questions of law to the Federal Court
FWC must make a decision not inconsistent with Federal Court's opinion
608(4) Referring questions of law to the Federal Court
Obligation to make a decision not inconsistent with Federal Court's opinion
Must vary decision to make it consistent with Federal Court's opinion.
608(5) Referring questions of law to the Federal Court
609 Procedural rules
President may make procedural rules by legislative instrument.
609(1) Procedural rules
Procedural rules for applications to the FWC
609(2) Procedural rules
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.189
Regulations may provide for any matter that procedural rules may provide for.
610 Regulations dealing with any FWC matters
611 Costs
Must bear own costs in relation to a matter before the FWC.
611(1) Costs
A person must bear the person’s own costs in relation to a matter before the FWC.
The FWC may order a person to bear some or all of the costs of another person.
611(2) Costs
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.191
612 FWC’s functions etc. may generally be performed by single
The FWC may perform its functions by a single member, as directed by the President.
612(1) FWC’s functions etc. may generally be performed by single
The President gives directions under section 582.
A single FWC Member (other than an Expert Panel Member) may perform a function as directed by the President.
A single member can perform the function.
Action must be taken by a Vice President or Deputy President
612(2) FWC’s functions etc. may generally be performed by single
The power of the President to delegate a function or power of the FWC under section 625 is not limited.
612(3) FWC’s functions etc. may generally be performed by single
The President has the obligation to delegate a function or power of the FWC.
613 Appeal of decisions
Full Bench must decide to grant permission to appeal a decision.
613(1) Appeal of decisions
Grant permission to appeal decisions under section 604
613(2) Appeal of decisions
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.192
Must decide whether to conduct a review of a decision and if so, conduct the review in accordance with section 607.
614 Review of decisions by a Full Bench
The Full Bench must decide under section 605 whether to conduct a review of a decision between the time it was made and the time it is reviewed.
615 The President may direct a Full Bench to perform function etc.
The President may direct a Full Bench to perform certain functions.
615(1) The President may direct a Full Bench to perform function etc.
The President has the power to direct a Full Bench.
The President may direct a Full Bench to perform function etc.
615(2) The President may direct a Full Bench to perform function etc.
May direct a Full Bench to perform function etc.
615(3) The President may direct a Full Bench to perform function etc.
Includes a reference to more than one Full Bench
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.193
615A When the President must direct a Full Bench to perform
The President must direct a Full Bench to perform a function or exercise a power in relation to a matter if an application is made under subsection (2) and the President is satisfied that it is in the public interest to do so.
615A(1) When the President must direct a Full Bench to perform
The President's direction must occur between the time of the application and the satisfaction that it is in the public interest to do so.
An application is made under subsection (2).
The President must direct a Full Bench to perform a function or exercise a power in relation to a matter.
The President is satisfied that it is in the public interest to do so.
The President must direct a Full Bench if an application is made under subsection (2) and the President is satisfied that it is in the public interest to do so.
615A(2) When the President must direct a Full Bench to perform
The President must direct a Full Bench to perform a function or exercise a power in relation to a matter arising under section 226.
615A(3) When the President must direct a Full Bench to perform
The FWC Member must direct a Full Bench to perform if the enterprise agreement does not cover employees.
615A(4) When the President must direct a Full Bench to perform
...the enterprise agreement does not cover employees.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.194
615B Transfer to a Full Bench from an FWC Member
Transfer of function from FWC Member to Full Bench
615B(1) Transfer to a Full Bench from an FWC Member
615B(2) Transfer to a Full Bench from an FWC Member
(2) The President is taken to have revoked the earlier direction.
Must consider past actions of FWC and its own actions in relation to the matter before it.
615B(3) Transfer to a Full Bench from an FWC Member
...take into account everything that occurred before the FWC; and (b) everything that the FWC did;
Relation between identifiable temporal intervals.
CogAI logic applies to cognitive processes.
Obligation to consider past actions of FWC and its own actions.
Diffusion logic applies to information flow.
615C Transfer to the President from an FWC Member or a Full
The President must give a direction to an FWC Member or Full Bench before performing a function or exercising a power.
615C(1) Transfer to the President from an FWC Member or a Full
The President is taken to have revoked the earlier direction.
615C(2) Transfer to the President from an FWC Member or a Full
The President must consider past actions of the FWC when performing a function or exercising power.
615C(3) Transfer to the President from an FWC Member or a Full
...take into account everything that occurred...
The provision specifies a temporal interval for consideration by the President.
(a) everything that occurred before the FWC;
The President must consider past actions of the FWC.
The provision imposes a duty on the President to consider past actions of the FWC.
...take into account everything that the FWC did...
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.195
616 FWC’s functions etc. that must be performed by a Full Bench
A modern award must be made by a Full Bench.
616(1) FWC’s functions etc. that must be performed by a Full Bench
A Full Bench must conduct a 4 yearly review of default fund terms of modern awards.
616(2A) FWC’s functions etc. that must be performed by a Full Bench
A Full Bench must make a determination that varies a default fund term of a modern award.
616(3A) FWC’s functions etc. that must be performed by a Full Bench
Obligation to make determination by Full Bench
A Full Bench must make a determination to revoke a modern award.
616(3B) FWC’s functions etc. that must be performed by a Full Bench
Determination that varies a modern award under Division 5 of Part 2-3
616(3C) FWC’s functions etc. that must be performed by a Full Bench
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.197
617 FWC’s functions etc. that must be performed by an Expert
Annual wage review must be conducted by an Expert Panel.
617(1) FWC’s functions etc. that must be performed by an Expert
Obligation to conduct annual wage review
A national minimum wage order must be made by an Expert Panel.
617(2) FWC’s functions etc. that must be performed by an Expert
Must provide a national minimum wage order.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.203
617A President may direct investigations and reports
The President may direct investigations and reports on matters relevant to the function of an Expert Panel.
617A(1) President may direct investigations and reports
The President has a duty to direct investigations and reports.
Direct investigations and reports may be given to specified entities.
617A(2) President may direct investigations and reports
Temporal interval for investigation and reporting
Classification of entities for investigation and reporting
(a) an Expert Panel; or (b) an Expert Panel Member; or (c) a Commissioner; or (d) a Full Bench that includes one or more Expert Panel Members.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.202
617AA Full Bench and Expert Panel with identical membership
Full Bench and Expert Panel with identical membership is required.
617AA(1) Full Bench and Expert Panel with identical membership
Temporal intervals are required to be the same for Full Bench and Expert Panel.
(1) This section applies if a Full Bench and an Expert Panel consist of the same FWC Members.
Requires Full Bench and Expert Panel to have identical membership for argumentation purposes.
CogAI is required to be the same for Full Bench and Expert Panel.
Requires Full Bench and Expert Panel to have identical membership.
Diffusion is required to be the same for Full Bench and Expert Panel.
The Full Bench is not limited by the functions or powers of the Expert Panel.
617AA(2) Full Bench and Expert Panel with identical membership
The Expert Panel is not limited by the functions or powers of the Full Bench.
617AA(3) Full Bench and Expert Panel with identical membership
The Expert Panel's functions are not limited by the Full Bench's functions.
(3) In performing its functions or exercising its powers, the Expert Panel is not limited by the functions or powers of the Full Bench.
The Expert Panel is not limited by the Full Bench.
List of functions and powers that a reference to performing includes
617AA(4) Full Bench and Expert Panel with identical membership
617AA(5) Full Bench and Expert Panel with identical membership
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.204
617B Research must be published
Publishing of reports by FWC upon presidential direction.
617B(1) Research must be published
Publication of research must be done by the FWC.
617B(2) Research must be published
Publication is a subclass of FWC's obligations
618 Constitution and decision-making of a Full Bench
A Full Bench must consist of at least 3 FWC Members, including the President, Vice President, or Deputy President.
618(1) Constitution and decision-making of a Full Bench
618(2) Constitution and decision-making of a Full Bench
Decision of a majority of FWC Members on the Full Bench prevails.
618(3) Constitution and decision-making of a Full Bench
A decision of a majority of the FWC Members on the Full Bench prevails.
(3) A decision of a majority of the FWC Members on the Full Bench prevails.
Decision of FWC Member with seniority prevails in case of no majority.
618(4) Constitution and decision-making of a Full Bench
619 Seniority of FWC Members
Establishes seniority order for FWC Members
619(1) Seniority of FWC Members
Vice President appointments overlap based on precedence.
Defines overlapping intervals for FWC Member appointments
(ab) if 2 appointments as Vice Presidents took effect on the same day—the Vice Presidents, according to the precedence assigned to them in their instruments of appointment;
The President has a role that implies seniority.
Establishes implication between seniority and FWC Member roles
Defines the order of seniority for FWC Members
Seniority diffuses among Deputy Presidents based on precedence.
Defines diffusion of seniority among FWC Members
(c) if 2 or more appointments as Deputy Presidents took effect on the same day—the Deputy Presidents, according to the precedence assigned to them in their instruments of appointment;
Deputy President appointments end based on appointment date.
Defines temporal intervals for FWC Member appointments
(b) the Deputy Presidents, according to the days on which their appointments as Deputy Presidents took effect;
FWC Member with seniority has a deciding vote and is responsible for managing the Full Bench.
619(2) Seniority of FWC Members
Performing functions and exercising powers
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.205
Expert Panel must consist of 7 FWC Members with specific knowledge and experience.
620 Constitution and decision-making of an Expert Panel
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.209
621 Reconstitution of the FWC when single FWC Member becomes
Duty to complete matter before becoming unavailable
621(1) Reconstitution of the FWC when single FWC Member becomes
The FWC Member's availability overlaps with their unavailability
Temporal overlap between availability and unavailability
(b) the FWC Member becomes unavailable to continue dealing with the matter before the matter is completely dealt with.
The FWC Member must complete the matter before becoming unavailable
(a) an FWC Member is dealing with a matter (other than by forming part of a Full Bench or an Expert Panel in relation to a matter); and (b) the FWC Member becomes unavailable to continue dealing with the matter before the matter is completely dealt with.
The FWC Member may choose to complete the matter if they are available
(a) an FWC Member is dealing with a matter (other than by forming part of a Full Bench or an Expert Panel in relation to a matter); and
The FWC Member's unavailability occurs until the matter is completed
Temporal relationship between availability and completion of matter
The President must direct another FWC Member to constitute the FWC.
621(2) Reconstitution of the FWC when single FWC Member becomes
The President must direct another FWC Member.
Reconstitution of FWC when Expert Panel becomes unavailable
622 Reconstitution of the FWC when FWC Member of a Full Bench
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.211
Must consider past FWC actions and events when dealing with a matter.
623 When new FWC Members begin to deal with matters
Obligation to consider past FWC actions and events.
FWC decisions are not invalid due to improper constitution.
624 FWC’s decisions not invalid when improperly constituted
625 Delegation by the President of functions and powers of the FWC
Delegation of powers by the President to the FWC
625(1) Delegation by the President of functions and powers of the FWC
Delegation of FWC functions and powers to a person
625(2) Delegation by the President of functions and powers of the FWC
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.213
626 Appointment of FWC Members
FWC Member must be appointed by Governor-General
626(1) Appointment of FWC Members
Governor-General must appoint FWC Member
Specify FWC Member position in appointment instrument
626(2) Appointment of FWC Members
Requires specification of FWC Member position
Assign precedence to FWC Member upon appointment as Vice President or Deputy President.
626(3) Appointment of FWC Members
...or (b) the FWC Member and one or more other FWC Members are appointed as Deputy Presidents on the same day.
(a) the FWC Member and one other FWC Member are appointed as Vice Presidents on the same day;
...the FWC Member and one other FWC Member are appointed as Vice Presidents on the same day.
Assigns precedence to FWC Member upon appointment.
(3) The instrument of appointment must assign a precedence...
Diffuses precedence to subsequent appointments.
Temporal relationship between appointments.
Cannot hold two appointments simultaneously
626(4) Appointment of FWC Members
(4) The same person must not hold, at the same time, an appointment as both: (a) an Expert Panel Member; and (b) the President, a Vice President, a Deputy President or a Commissioner.
Artificial intelligence recognizes simultaneous appointments
Prohibition of simultaneous appointments
Spread of information about simultaneous appointments
The Minister must be satisfied that the person is or has been a Judge of a court created by the Parliament.
627 Qualifications for appointment of FWC Members
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.215
628 Basis of appointment of FWC Members
The President, a Vice President, a Deputy President or a Commissioner must hold office on a full-time basis.
628(1) Basis of appointment of FWC Members
Deputy President or Commissioner may perform duties on a part-time basis with approval.
628(2) Basis of appointment of FWC Members
Permission to perform duties on a part-time basis
Expert Panel Member holds office on a part-time basis.
628(3) Basis of appointment of FWC Members
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.216
629 Period of appointment of FWC Members
Members of a prescribed State industrial authority hold office until resignation or termination.
629(1) Period of appointment of FWC Members
(1) The President, a Vice President, a Deputy President or a Commissioner holds office until...
A person from a prescribed State industrial authority may be appointed as Deputy President or Commissioner for a specified period.
629(2) Period of appointment of FWC Members
629(3) Period of appointment of FWC Members
(b) the person ceases to be a member of the prescribed State industrial authority;
Holds office until specified period ends or ceases to be a member of prescribed State industrial authority
Holds office until resignation or appointment termination under this Part
(c) the person resigns or the appointment is terminated under this Part.
Expert Panel Member must hold office for a period not exceeding 5 years.
629(4) Period of appointment of FWC Members
Term of office is within a specified interval
Expert Panel Member must justify their reappointment eligibility
Expert Panel Member is eligible for reappointment
Reappointment eligibility information is disseminated
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.217
The President has the same status as a Judge of the Federal Court.
629A Status of the President
The President is equal to a Judge of the Federal Court.
630 Appointment of a Judge not to affect tenure etc.
The appointment of a Judge does not affect their tenure.
630(1) Appointment of a Judge not to affect tenure etc.
The Judge's service as FWC Member is taken to be service as a Judge.
630(2) Appointment of a Judge not to affect tenure etc.
631 Dual federal and State appointments of Deputy Presidents or
Permits Deputy President or Commissioner to hold office in State industrial authority with President's approval.
631(1) Dual federal and State appointments of Deputy Presidents or
Allows a member of a prescribed State industrial authority to hold office as Deputy President or Commissioner.
631(2) Dual federal and State appointments of Deputy Presidents or
Permits simultaneous appointment and holding of office
Subsections (1) and (2) have effect subject to any law of the relevant State.
631(3) Dual federal and State appointments of Deputy Presidents or
Effect of subsections subject to State law
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.218
Deputy President or Commissioner may hold additional offices with President's approval.
632 Dual federal and Territory appointments of Deputy Presidents
633 Outside work of FWC Members
Prohibition on paid work outside office duties without President's approval
633(1) Outside work of FWC Members
No presidential approval required for Defence Force appointments.
633(2) Outside work of FWC Members
No paid work that conflicts with duties.
633(3) Outside work of FWC Members
Take an oath or affirmation before beginning office duties
634 Oath or affirmation of office
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.219
635 Remuneration of the President
The President must be paid a salary and travelling allowances.
635(1) Remuneration of the President
Obligation to pay the President a salary and travelling allowances.
Must pay additional allowance if salary as Judge is less than as President
635(2) Remuneration of the President
The amount of the allowance is calculated as the difference between the Judge's salary and the President's salary.
635(3) Remuneration of the President
The President or former President must be paid a certain amount.
635(4) Remuneration of the President
Obligation to pay the President or former President.
The Judges' Pensions Act does not apply to the President if he/she was a member of a public sector superannuation scheme immediately before being appointed.
636 Application of Judges’ Pensions Act to the President
The Judges' Pensions Act does not apply to the President.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.220
637 Remuneration of FWC Members other than the President
FWC Member must be paid remuneration determined by Remuneration Tribunal or prescribed by regulations.
637(1) Remuneration of FWC Members other than the President
FWC Member must be paid prescribed allowances.
637(2) Remuneration of FWC Members other than the President
Obligation to pay prescribed allowances.
Remuneration of FWC Members other than the President is subject to the Remuneration Tribunal Act 1973.
637(3) Remuneration of FWC Members other than the President
No remuneration for Deputy President or Commissioner, except travel allowance.
637(4) Remuneration of FWC Members other than the President
No remuneration for Deputy President or Commissioner.
FWC Member Judge must be paid additional allowance if salary as Judge is less than FWC Member salary
637(5) Remuneration of FWC Members other than the President
Determine FWC Member allowance amount based on Judge's salary
637(6) Remuneration of FWC Members other than the President
...the salary that is payable to the FWC Member under subsection (1).
Specify temporal interval for allowance calculation
Exemption for the President from this section
637(7) Remuneration of FWC Members other than the President
The President is exempted from this section
The President is exempted from the remuneration of FWC members
This section does not apply to the President.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.221
638 Remuneration of Deputy Presidents or Commissioners
Agreement for part-time duties proportion
638(1) Remuneration of Deputy Presidents or Commissioners
Variation of agreed proportion by written agreement between President and part-time member
638(2) Remuneration of Deputy Presidents or Commissioners
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.222
639 Leave of absence of FWC Members other than the President
FWC Member has recreation leave entitlements determined by the Remuneration Tribunal.
639(1) Leave of absence of FWC Members other than the President
639(2) Leave of absence of FWC Members other than the President
Consider past employment when determining leave of absence
639(3) Leave of absence of FWC Members other than the President
639(4) Leave of absence of FWC Members other than the President
640 Disclosure of interests by FWC Members other than the
FWC Member must disclose interests that conflict with their functions.
640(1) Disclosure of interests by FWC Members other than the
Disclosure of potential conflict to certain persons
640(2) Disclosure of interests by FWC Members other than the
Prohibit FWC Member from dealing with matter if President considers conflict of interest.
640(4) Disclosure of interests by FWC Members other than the
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.223
Governor-General may terminate appointment on grounds of misbehaviour or incapacity.
641 Termination of appointment on grounds of misbehaviour or
Governor-General may terminate appointment.
Minister may handle complaints about FWC Members
641A Minister may handle complaints about FWC Members
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.224
641B Modified application of the Judicial Misbehaviour and
Allow a Commission to be established by the Houses of Parliament to investigate and report on alleged misbehaviour or incapacity of an FWC Member.
641B(1) Modified application of the Judicial Misbehaviour and
Modified application of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012
641B(2) Modified application of the Judicial Misbehaviour and
Imposes a duty on the State to apply the JMIPC Act as modified
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.231
642 Suspension on grounds of misbehaviour or incapacity
Governor-General may suspend FWC Member from office for misbehaviour or incapacity.
642(1) Suspension on grounds of misbehaviour or incapacity
Minister must table a statement after suspension
642(2) Suspension on grounds of misbehaviour or incapacity
A House of the Parliament may suspend a member within 15 sitting days.
642(3) Suspension on grounds of misbehaviour or incapacity
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.232
Termination of appointment for bankruptcy, etc.
643 Termination of appointment for bankruptcy, etc.
FWC Member is absent, except on leave of absence, for 14 consecutive days
644 Termination of appointment for outside work
Termination of appointment for outside work
644(1) Termination of appointment for outside work
Engaging in paid work outside the duties of his or her office
Termination of appointment for outside work due to conflict with duties
644(2) Termination of appointment for outside work
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.233
645 Resignation of FWC Members
FWC member must provide written resignation to Governor-General upon resigning.
645(1) Resignation of FWC Members
Resignation takes effect on specified day or immediately upon receipt by Governor-General.
645(2) Resignation of FWC Members
Resignation takes effect on specified day.
Requires temporal relation between intervals.
646 Other terms and conditions of FWC Members
Appointment of Vice President by Governor-General
647 Appointment of acting President and Vice President
Governor-General may appoint Vice President
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.234
648 Appointment of acting Deputy Presidents and Commissioners
Governor-General may appoint a person to act as Deputy President for a specified period.
648(1) Appointment of acting Deputy Presidents and Commissioners
Governor-General has the power to appoint.
Governor-General may appoint a person to act as Commissioner for a specified period.
648(1A) Appointment of acting Deputy Presidents and Commissioners
The Minister must be satisfied that the appointment is necessary.
648(2) Appointment of acting Deputy Presidents and Commissioners
(2) Before the Governor-General appoints a person under subsection (1) or (1A), the Minister must be satisfied that the appointment is necessary to enable the FWC to perform its functions effectively.
Minister's satisfaction as a diffusion event
Anything done by or in relation to a person purporting to act under an appointment is not invalid.
648(3) Appointment of acting Deputy Presidents and Commissioners
(3) Anything done by or in relation to a person purporting to act under an appointment is not invalid.
Actions under appointments are permitted
Actions under appointments are part of a recurring trace
648(4) Appointment of acting Deputy Presidents and Commissioners
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.236
649 President to cooperate with prescribed State industrial
The President must cooperate with prescribed State industrial authorities.
649(1) President to cooperate with prescribed State industrial
The President may invite State industrial authorities to meet and discuss matters of mutual interest.
649(2) President to cooperate with prescribed State industrial
Permission to invite State industrial authorities
The President may make an arrangement with a State industrial authority for administrative support.
650 Provision of administrative support
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.237
651 Seals
The FWC must have a seal with the words “The Seal of the Fair Work Commission”.
651(1) Seals
Duplicate seals of the FWC to be maintained.
651(2) Seals
A document with a duplicate seal of the FWC is considered to have the original seal.
651(3) Seals
Seal of FWC must not be used except as authorised by the President.
651(4) Seals
Prohibits use of seal without presidential authorisation.
Courts, judges and persons acting judicially must take notice of the seal and presume it was sealed.
651(5) Seals
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.238
652 Annual report
The President must prepare an annual report on the operations of the FWC.
652(1) Annual report
The President must prepare an annual report.
Annual report must be given to the Minister by a certain date.
652(1A) Annual report
No disclosure of information for Privacy Act 1988 purposes required
652(2) Annual report
Review and research on enterprise agreements, flexibility arrangements, and National Employment Standards.
653 Reports about making enterprise agreements, individual
General Manager must review developments and conduct research.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.240
General Manager may make written arrangement with Federal Court and Family Court of Australia for FWC to provide administrative support.
653A Arrangements with the Federal Court and the Federal Circuit
654 President must provide certain information etc. to the Minister
The President must provide information to the Minister and Fair Work Ombudsman.
654(1) President must provide certain information etc. to the Minister
The regulations may prescribe certain information about FWC decisions and notices.
654(2) President must provide certain information etc. to the Minister
Regulations may prescribe certain information
655 Disclosure of information by the FWC
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.242
Establishment of General Manager at Fair Work Commission
656 Establishment
General Manager appointment starts on [date]
Defines temporal interval for General Manager appointment
General Manager appointment starts on establishment date
657 Functions and powers of the General Manager
The General Manager must assist the President.
657(1) Functions and powers of the General Manager
The General Manager has certain functions conferred upon him by law.
657(1A) Functions and powers of the General Manager
657(2) Functions and powers of the General Manager
(2) The General Manager has power to do all things necessary or convenient...
The General Manager is not required to comply with a direction by the President.
658 Directions from the President
Expresses the General Manager's exemption from compliance
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.243
General Manager is subject to direction by or on behalf of the Commonwealth.
659 General Manager not otherwise subject to direction
Direction implies General Manager's obligation.
The Commonwealth directs the General Manager.
No direction implies no obligation for the General Manager.
The General Manager is not subject to direction.
660 Appointment of the General Manager
The General Manager must be appointed by the Governor-General.
660(1) Appointment of the General Manager
The General Manager is to be appointed by the Governor-General
The General Manager holds office on a full-time basis.
660(2) Appointment of the General Manager
The General Manager's term is during his holding office.
General Manager's term is during his holding office
(2) The General Manager holds office on a full-time basis.
The General Manager has the capability of holding office.
General Manager has the capability of holding office
The General Manager must hold office on a full-time basis.
General Manager has an obligation to hold office
The appointment of the General Manager implies that he must hold office.
Appointment of the General Manager implies that he must hold office
The General Manager has the property of being a public official.
General Manager has the property of being a public official
General Manager must hold office for a specified period not exceeding 5 years.
660(3) Appointment of the General Manager
General Manager must be paid remuneration determined by the Remuneration Tribunal or prescribed by regulations.
661 Remuneration of the General Manager
General Manager must be paid remuneration.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.244
662 Leave of absence of the General Manager
Recreation leave entitlements determined by the Remuneration Tribunal.
662(1) Leave of absence of the General Manager
General Manager has recreation leave entitlements.
662(2) Leave of absence of the General Manager
No paid work outside office duties without President's approval.
663 Outside work of the General Manager
Prohibition of paid work outside office duties.
664 Disclosure of interests to the President
Disclosure of personal interests to the President
664(1) Disclosure of interests to the President
Obligation to disclose personal interests
Duty to disclose interests does not apply to the General Manager.
664(2) Disclosure of interests to the President
General Manager exempt from duty to disclose interests.
665 Resignation of the General Manager
The General Manager must provide a written resignation to the Governor-General.
665(1) Resignation of the General Manager
The General Manager must provide a written resignation.
665(2) Resignation of the General Manager
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.245
666 Termination of appointment of the General Manager
The Governor-General may terminate the appointment of the General Manager.
666(1) Termination of appointment of the General Manager
Termination of General Manager's appointment under certain conditions.
666(2) Termination of appointment of the General Manager
General Manager's appointment terminated under specified conditions.
The General Manager's terms and conditions are determined by the Governor-General.
667 Other terms and conditions of the General Manager
The General Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor-General.
Classifies artificial intelligence application
Classifies subject-predicate-object triple
The Minister has an obligation to appoint a person as General Manager.
668 Appointment of acting General Manager
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.246
Consultation requirement before determining terms and conditions under section 667.
669 Minister to consult the President
The Minister must consult the President before terms and conditions are determined under section 667.
670 Staff
Staff must be persons engaged under the Public Service Act 1999.
670(1) Staff
Designates General Manager and staff as a Statutory Agency.
670(2) Staff
the General Manager and the staff of the FWC together constitute a Statutory Agency.
(2) For the purposes of the Public Service Act 1999:
the General Manager is the Head of that Statutory Agency.
671 Delegation by General Manager to staff
Delegation of functions or powers to staff members
671(1) Delegation by General Manager to staff
Delegate must comply with General Manager's directions
671(2) Delegation by General Manager to staff
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.247
The FWC may be assisted by employees of Agencies, officers and employees of a State or Territory, or authorities of the Commonwealth, a State or a Territory.
672 Persons assisting the FWC
The General Manager may engage persons having suitable qualifications and experience as consultants.
673 Consultants
The General Manager may engage persons...
List of persons considered a listed entity for the finance law
673A Application of the finance law
Finance law applies to the following group of persons
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.249
674 Offences in relation to the FWC
Insulting conduct towards FWC Members is prohibited.
674(1) Offences in relation to the FWC
Using insulting language towards an FWC Member is prohibited.
674(2) Offences in relation to the FWC
Temporal overlap between insulting language and FWC Member's duties
(2) A person commits an offence if: (a) the person uses insulting language towards another person; and (b) the person is reckless as to whether the language is insulting;
(a) the person uses insulting language towards another person;
Prohibition of reckless behavior towards FWC Members
(c) the other person is an FWC Member performing functions, or exercising powers, as an FWC Member.
Prohibition of interrupting FWC proceedings
Penalty: Imprisonment for 12 months. Interrupting matters before the FWC
Recurring nature of FWC Member's duties and insulting language
Engaging in conduct that interrupts a matter before the FWC is an offence.
674(3) Offences in relation to the FWC
Conduct meets the condition of interrupting a matter before the FWC.
(a) the person engages in conduct; and (b) the person’s conduct interrupts a matter before the FWC.
Conduct is recognized as interrupting a matter before the FWC by the FWC.
Obligation to not engage in conduct that interrupts a matter before the FWC.
Conduct spreads to other matters before the FWC.
Conduct repeats the pattern of interrupting a matter before the FWC.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.251
675 Contravening an FWC order
Engaging in conduct that contravenes an FWC order is an offence.
675(1) Contravening an FWC order
Establishes a temporal relation between the making of an FWC order and its contravention.
Prohibits conduct that contravenes an FWC order.
(a) the FWC has made an order under this Act;
Imposes a duty on individuals to comply with FWC orders.
...or (ii) a term of the order applies to the person;
Grants permission to individuals to engage in conduct that does not contravene an FWC order.
Establishes a recurring trace of FWC orders and their contravention.
675(2) Contravening an FWC order
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.252
Threatening, intimidating, coercing or prejudicing another person because they have given information to the FWC is an offence.
676 Intimidation etc.
Prohibits threatening, intimidating, coercing or prejudicing another person.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.253
677 Offences in relation to attending before the FWC
Failure to attend before FWC is an offence.
677(1) Offences in relation to attending before the FWC
Refusal to take oath or affirmation when required
677(2) Offences in relation to attending before the FWC
There is a temporal overlap between the refusal and the requirement.
Temporal overlap between refusal and requirement
The person refuses or fails to be sworn or to make an affirmation as required; and the FWC requires the person to take an oath or make an affirmation.
The person commits an offence if they refuse or fail to be sworn or to make an affirmation as required.
Prohibition of refusing to take oath or affirmation
The person refuses or fails to be sworn or to make an affirmation as required.
The person has an obligation to take an oath or make an affirmation when required by the FWC.
Obligation to take oath or affirmation when required
The FWC requires the person to take an oath or make an affirmation; and the person refuses or fails to be sworn or to make an affirmation as required.
The person is prohibited from failing to comply with the requirement.
Prohibition of failure to comply with requirement
Refusal to answer question or produce document when required by FWC.
677(3) Offences in relation to attending before the FWC
Prohibition of refusing to answer question or produce document.
Defendant bears evidential burden for reasonable excuse
677(4) Offences in relation to attending before the FWC
Defendant has an obligation to provide a reasonable excuse
Defendant believes they have a reasonable excuse
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.254
678 False or misleading evidence
Giving false or misleading evidence in certain matters is an offence.
678(1) False or misleading evidence
Prohibition of giving false or misleading evidence.
The witness gives sworn or affirmed evidence.
Prohibition of giving false or misleading evidence in certain matters.
The witness gives evidence as a witness in a matter before the FWC.
The provision specifies the conditions under which the conduct is prohibited.
Prohibition of inducing or coercing another person to give false or misleading evidence.
The provision defines the conduct that is prohibited.
Prohibition of giving false or misleading evidence in matters before a person taking evidence on behalf of the FWC.
The witness gives evidence as a witness in a matter that the witness will start by application to the FWC.
Inducing, threatening or intimidating a witness to give false evidence is prohibited.
678(2) False or misleading evidence
Prohibition of inducing, threatening or intimidating a witness.
The offender induces, threatens or intimidates the witness.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.255
Promoting and monitoring compliance with this Act.
679 Guide to this Part
680 Meanings of employee and employer
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.256
681 Establishment
682 Functions of the Fair Work Ombudsman
The Fair Work Ombudsman has various functions to promote compliance and enforce the Act.
682(1) Functions of the Fair Work Ombudsman
682(1A) Functions of the Fair Work Ombudsman
Obligation to consider guidelines and community outreach
(1A) In performing functions under paragraph (1)(a)
The Fair Work Ombudsman must consult with the FWC in producing guidance material.
682(2) Functions of the Fair Work Ombudsman
Consultation with the National Workplace Relations Consultative Council before publishing a compliance and enforcement policy. The Fair Work Ombudsman has a duty to provide education, assistance and advice.
682(3) Functions of the Fair Work Ombudsman
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.258
683 Delegation by the Fair Work Ombudsman
Delegation of functions or powers to staff members or inspectors
683(1) Delegation by the Fair Work Ombudsman
Delegation of functions or powers as an inspector is prohibited.
683(1A) Delegation by the Fair Work Ombudsman
...his or her functions or powers as an inspector.
The Fair Work Ombudsman must not delegate...
The Fair Work Ombudsman may delegate certain powers to SES employees.
683(1B) Delegation by the Fair Work Ombudsman
Delegate must comply with directions of the Fair Work Ombudsman.
683(2) Delegation by the Fair Work Ombudsman
684 Directions from the Minister
The Minister may give written directions to the Fair Work Ombudsman.
684(1) Directions from the Minister
Direction must be of a general nature only.
684(2) Directions from the Minister
Must provide direction of a general nature.
(2) The direction must be of a general nature only.
Must comply with direction from the Minister
684(3) Directions from the Minister
Exemption from compliance with Minister's directions
684(4) Directions from the Minister
Excludes compliance with certain directions
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.259
685 Minister may require reports
specified reports relating to the Fair Work Ombudsman’s functions
The Minister may require reports from the Fair Work Ombudsman.
685(1) Minister may require reports
The Fair Work Ombudsman must comply with the direction.
685(2) Minister may require reports
685(3) Minister may require reports
No disclosure of information for Privacy Act 1988 purposes
686 Annual report
Prohibits disclosure of information for Privacy Act 1988 purposes
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.260
687 Appointment of the Fair Work Ombudsman
The Fair Work Ombudsman must be appointed by the Governor-General.
687(1) Appointment of the Fair Work Ombudsman
Minister must be satisfied that person has suitable qualifications or experience and is of good character before appointing as Fair Work Ombudsman.
687(2) Appointment of the Fair Work Ombudsman
The Minister MUST be satisfied that the person has suitable qualifications or experience; and is of good character.
Minister must satisfy conditions before appointment.
(2) Before the Governor-General appoints a person as the Fair Work Ombudsman, the Minister...
The Fair Work Ombudsman must hold office on a full-time basis.
687(3) Appointment of the Fair Work Ombudsman
The Fair Work Ombudsman must hold office for a period not exceeding 5 years.
687(4) Appointment of the Fair Work Ombudsman
688 Remuneration of the Fair Work Ombudsman
Fair Work Ombudsman must be paid remuneration determined by the Remuneration Tribunal or prescribed by regulations.
688(1) Remuneration of the Fair Work Ombudsman
The Fair Work Ombudsman must be paid the allowances prescribed by regulations.
688(2) Remuneration of the Fair Work Ombudsman
Remuneration of the Fair Work Ombudsman subject to the Remuneration Tribunal Act 1973.
688(3) Remuneration of the Fair Work Ombudsman
Section has effect subject to another Act
689 Leave of absence of the Fair Work Ombudsman
The Fair Work Ombudsman has recreation leave entitlements determined by the Remuneration Tribunal.
689(1) Leave of absence of the Fair Work Ombudsman
The Fair Work Ombudsman has a duty to provide recreation leave entitlements.
Grant leave of absence on terms and conditions determined by the Minister.
689(2) Leave of absence of the Fair Work Ombudsman
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.261
No paid work outside office duties without Minister's approval
690 Outside work of the Fair Work Ombudsman
692 Resignation of the Fair Work Ombudsman
The Fair Work Ombudsman must resign by giving the Governor-General a written resignation.
692(1) Resignation of the Fair Work Ombudsman
692(2) Resignation of the Fair Work Ombudsman
693 Termination of appointment of the Fair Work Ombudsman
The Governor-General may terminate the appointment of the Fair Work Ombudsman.
693(1) Termination of appointment of the Fair Work Ombudsman
Termination of appointment of the Fair Work Ombudsman under certain conditions.
693(2) Termination of appointment of the Fair Work Ombudsman
...for 14 consecutive days or for 28 days in any 12 months
Absence condition overlaps with bankruptcy
(b) the Fair Work Ombudsman is absent...
...the appointment of the Fair Work Ombudsman
(2) The Governor-General must terminate...
Absence condition prohibits appointment termination
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.262
The Fair Work Ombudsman holds office on terms and conditions determined by the Governor-General.
694 Other terms and conditions of the Fair Work Ombudsman
Describes the temporal interval of the Fair Work Ombudsman's office as determined by the Governor-General
The Fair Work Ombudsman holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor-General.
Describes the Fair Work Ombudsman's office as a matter of terms and conditions
695 Appointment of acting Fair Work Ombudsman
The Minister may appoint a person to act as the Fair Work Ombudsman.
695(1) Appointment of acting Fair Work Ombudsman
695(2) Appointment of acting Fair Work Ombudsman
The action relates to the appointment's temporal interval.
Relates to the temporal intervals of appointments.
(2) Anything done by or in relation to a person purporting to act under an appointment is not invalid.
Validates the validity of actions taken under an appointment using cognitive AI.
Validates the validity of actions taken under an appointment.
Applies to the diffusion of actions taken under an appointment.
Validates the validity of actions taken under an appointment over time.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.263
696 Establishment of the Office of the Fair Work Ombudsman
Establishes the Office of the Fair Work Ombudsman.
696(1) Establishment of the Office of the Fair Work Ombudsman
The Office of the Fair Work Ombudsman is established.
List of entities composing the Office of the Fair Work Ombudsman
696(2) Establishment of the Office of the Fair Work Ombudsman
696(3) Establishment of the Office of the Fair Work Ombudsman
the Office of the Fair Work Ombudsman is a listed entity during the period of the finance law;
(3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
the Fair Work Ombudsman is accountable for the Office of the Fair Work Ombudsman;
the Office of the Fair Work Ombudsman is a listed entity;
the Fair Work Ombudsman is the accountable authority of the Office of the Fair Work Ombudsman;
the following persons are officials of the Office of the Fair Work Ombudsman:...
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.264
697 Staff
697(1) Staff
Designates Fair Work Ombudsman as Head of Statutory Agency
697(2) Staff
the Fair Work Ombudsman is the Head of that Statutory Agency during the period of its designation.
Temporal relation between agency designation and commencement
the Fair Work Ombudsman is the Head of that Statutory Agency.
(b) the Fair Work Ombudsman is the Head of that Statutory Agency.
the Fair Work Ombudsman and the staff of the Office of the Fair Work Ombudsman are a Statutory Agency.
(a) the Fair Work Ombudsman and the staff of the Office of the Fair Work Ombudsman together constitute a Statutory Agency;
The Fair Work Ombudsman may be assisted by employees of certain agencies and authorities.
698 Persons assisting the Fair Work Ombudsman
Temporal overlap between the services provided by agencies and authorities and the Fair Work Ombudsman's functions
whose services are made available to the Fair Work Ombudsman in connection with the performance of any of his or her functions.
Implication of assistance by agencies and authorities on the Fair Work Ombudsman's functions
The Fair Work Ombudsman may also be assisted...
Inference of assistance by agencies and authorities based on the Fair Work Ombudsman's functions
Permission to assist the Fair Work Ombudsman
Propagated information about assistance by agencies and authorities to the Fair Work Ombudsman's functions
For example, State or Territory employees could be made available...
Engage persons with suitable qualifications and experience as consultants.
699 Consultants
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.265
700 Appointment of Fair Work Inspectors
700(1) Appointment of Fair Work Inspectors
The Fair Work Ombudsman must appoint a person as a Fair Work Inspector if satisfied with their character.
700(2) Appointment of Fair Work Inspectors
Fair Work Inspector must be appointed for a period not exceeding 4 years.
700(3) Appointment of Fair Work Inspectors
The Fair Work Ombudsman is a Fair Work Inspector.
701 Fair Work Ombudsman is a Fair Work Inspector
702 Identity cards
The Fair Work Ombudsman must issue an identity card to an inspector appointed under section 700.
702(1) Identity cards
Minister must issue identity card to Fair Work Ombudsman.
702(2) Identity cards
Identity card must be in approved form and contain recent photograph of inspector.
702(3) Identity cards
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.266
703 Conditions and restrictions on functions and powers
Conditions and restrictions on functions and powers
703(1) Conditions and restrictions on functions and powers
Power to apply for FWO notice under section 712AA and give FWO notice under section 712AD are not compliance powers.
703(2) Conditions and restrictions on functions and powers
These actions occur during the period when these powers are not compliance powers.
Describes temporal relationship between prohibition and other provisions.
(2) To avoid doubt, the power to apply for the issue of an FWO notice under section 712AA and the power to give an FWO notice under section 712AD are not compliance powers.
These actions are not compliance powers.
Prohibits application for FWO notice under section 712AA and giving FWO notice under section 712AD.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.267
704 General directions by the Fair Work Ombudsman
The Fair Work Ombudsman may give a written direction to inspectors.
704(1) General directions by the Fair Work Ombudsman
General directions by the Fair Work Ombudsman must be of a general nature only.
704(2) General directions by the Fair Work Ombudsman
Obligation to provide general directions
704(3) General directions by the Fair Work Ombudsman
An inspector BEFORER the direction MUST comply.
Inspector's compliance is before the direction
(3) An inspector must comply with the direction.
If an inspector MUST comply, then the direction exists.
An inspector MUST comply with the direction.
705 Particular directions by the Fair Work Ombudsman
The Fair Work Ombudsman may give a direction to an inspector.
705(1) Particular directions by the Fair Work Ombudsman
705(2) Particular directions by the Fair Work Ombudsman
The inspector's compliance IS BEFORE the direction.
(2) The inspector must comply with the direction.
The inspector MUST comply with the direction.
Direction in writing is not a legislative instrument.
705(3) Particular directions by the Fair Work Ombudsman
The direction is not a legislative instrument.
Rejection of legislative instrument status
(3) If a direction is in writing, the direction is not a legislative instrument.
Inspector may exercise compliance powers for specified purposes.
706 Purpose for which powers of inspectors may be exercised
Inspector can exercise compliance powers.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.268
Inspector may exercise compliance powers at any time during working hours or when necessary for compliance purposes.
707 When powers of inspectors may be exercised
Compliance powers can be exercised during working hours or at any other time.
Inspector can use argumentation to justify exercising compliance powers.
Inspector must believe it is necessary to exercise compliance powers.
Compliance powers can be exercised until the inspector reasonably believes it is no longer necessary.
707A Hindering or obstructing the Fair Work Ombudsman and
Hindering or obstructing the Fair Work Ombudsman and its staff
707A(1) Hindering or obstructing the Fair Work Ombudsman and
Hindering or obstructing the Fair Work Ombudsman is prohibited
Prohibition of hindering or obstructing the Fair Work Ombudsman and its staff
The Fair Work Ombudsman has a duty to perform its functions
The text states that a person must not hinder or obstruct the Fair Work Ombudsman
Hindering or obstructing implies a violation of a duty
Implication of hindering or obstructing on a person's actions
If a person hinders or obstructs the Fair Work Ombudsman, they must not perform their duties
Hindering or obstructing the Fair Work Ombudsman is not an offense if the person has a reasonable excuse.
707A(2) Hindering or obstructing the Fair Work Ombudsman and
Knowledge of the reasonableness of the excuse
The person knows they have a reasonable excuse.
Hindering or obstructing the Fair Work Ombudsman and its delegates is prohibited.
707A(3) Hindering or obstructing the Fair Work Ombudsman and
The temporal intervals of hindering or obstructing the Fair Work Ombudsman and its delegates overlaps with the power to enter premises.
Temporal overlap between the power to enter premises and hindering or obstructing the Fair Work Ombudsman and its delegates.
The power to enter premises is a temporal interval.
The Fair Work Ombudsman is recognized as a cogent AI entity.
Recognition of the Fair Work Ombudsman as a cogent AI entity.
The Fair Work Ombudsman is an agent of the State.
Prohibition of hindering or obstructing the Fair Work Ombudsman and its delegates.
The Fair Work Ombudsman has the power to enter premises.
The Fair Work Ombudsman is a state entity.
Classification of the Fair Work Ombudsman as a state entity.
The diffusion of the prohibition on hindering or obstructing the Fair Work Ombudsman and its delegates is related to the power to enter premises.
Diffusion of the prohibition on hindering or obstructing the Fair Work Ombudsman and its delegates.
The temporal interval of hindering or obstructing the Fair Work Ombudsman and its delegates contains the power to enter premises.
Temporal containment between the power to enter premises and hindering or obstructing the Fair Work Ombudsman and its delegates.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.269
708 Power of inspectors to enter premises
Inspectors may enter premises without force for compliance purposes.
708(1) Power of inspectors to enter premises
Inspection of premises with residential use is prohibited unless reasonable belief in work being performed.
708(2) Power of inspectors to enter premises
708(3) Power of inspectors to enter premises
Inspector may exercise certain powers while on premises.
709 Powers of inspectors while on premises
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.270
710 Persons assisting inspectors
Assistant may accompany inspector under certain conditions.
710(1) Persons assisting inspectors
The assistant may accompany the inspector.
(a) the assistance is necessary and reasonable; (b) the assistant has suitable qualifications and experience
Assistant must assist inspector within power limits.
710(2) Persons assisting inspectors
Assistant must do such things as required.
Assistant has a duty to assist the inspector.
Anything done by an assistant is taken for all purposes to have been done by the inspector.
710(3) Persons assisting inspectors
Obligation to perform actions as if done by the inspector.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.271
711 Power to ask for person’s name and address
Inspector may require person to provide name and address if inspector reasonably believes contravention has occurred.
711(1) Power to ask for person’s name and address
Inspector may require person to provide information.
Inspector may require person to provide evidence of correct name or address. Inspector must ask for person's name and address if advised of civil remedy provision
711(2) Power to ask for person’s name and address
Must comply with a requirement under subsection (1) or
711(3) Power to ask for person’s name and address
No reasonable excuse is required to provide name and address.
711(4) Power to ask for person’s name and address
712 Power to require persons to produce records or documents
Inspector may require a person to produce records or documents.
712(1) Power to require persons to produce records or documents
Obligation to provide records or documents.
Notice must be in writing, served on person, and require production of record or document within a specified period.
712(2) Power to require persons to produce records or documents
Obligation to produce records or documents
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.272
712A Minister may nominate ART President or Deputy President to
Minister may nominate ART President or Deputy President to issue written notices.
712A(1) Minister may nominate ART President or Deputy President to
Minister must nominate ART President or Deputy President with consent from Judge.
712A(2) Minister may nominate ART President or Deputy President to
Minister has a duty to nominate ART President or Deputy President.
Nomination ceases to have effect under certain conditions.
712A(3) Minister may nominate ART President or Deputy President to
The nomination ceases to have effect during the time period of either condition.
Describes temporal overlap between conditions.
Prohibits the nomination from taking effect.
The Minister's power to withdraw the nomination diffuses throughout the system.
Describes propagation of the prohibition.
The nomination ceases to have effect until either condition is met.
Describes temporal relationship between conditions.
Protection and immunity for nominated ART President or Deputy President
712A(4) Minister may nominate ART President or Deputy President to
...the same protection and immunity as a Justice of the High Court has...
(4) A nominated ART President or Deputy President has...
712AA Fair Work Ombudsman may apply to nominated ART
Fair Work Ombudsman may apply to nominated ART President or Deputy President for the issue of an FWO notice.
712AA(1) Fair Work Ombudsman may apply to nominated ART
Must provide information to Fair Work Ombudsman or staff member.
712AA(2) Fair Work Ombudsman may apply to nominated ART
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.275
Issue FWO notice if certain conditions met
712AB Issue of FWO notice
...the inspector must have commenced the investigation.
Inspector must have commenced investigation before issuing FWO notice
(a) that an inspector has commenced the investigation (or investigations) to which the application relates;
...must issue the FWO notice if the conditions are met.
(1) A nominated ART President or Deputy President to whom an application for an FWO notice has been made...
...the state must ensure the FWO notice is issued.
State must ensure FWO notice is issued if conditions met
(f) any other matter prescribed by the regulations.
...the inspector must have tried other methods.
Inspector must have tried other methods before issuing FWO notice
(c) that any other method of obtaining the information, documents or evidence: (i) has been attempted and has been unsuccessful;
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.276
FWO notice must comply with specified requirements
712AC Form and content of FWO notice
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.277
712AD Fair Work Ombudsman may give FWO notice to person in
The Fair Work Ombudsman must give a notice to a person
712AD(1) Fair Work Ombudsman may give FWO notice to person in
Notice ceases to have effect after 3 months if not given within that time.
712AD(2) Fair Work Ombudsman may give FWO notice to person in
Must provide notice to person within 14 days of FWO notice.
712AD(3) Fair Work Ombudsman may give FWO notice to person in
Must provide notice within specified time frame.
712AD(4) Fair Work Ombudsman may give FWO notice to person in
Notice period for FWO action must be at least 14 days after notice is given.
712AD(5) Fair Work Ombudsman may give FWO notice to person in
Notice period must be at least 14 days after FWO notice is given
Temporal relation between notice and FWO action
Person must receive notice within a certain time period
FWO notice has effect as if the later time were the specified time.
712AD(6) Fair Work Ombudsman may give FWO notice to person in
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.278
712AE Conduct of examination
Right to be represented by a lawyer during examination.
712AE(1) Conduct of examination
Require information or answers to be verified by oath or affirmation.
712AE(2) Conduct of examination
Imposes a duty on the Fair Work Ombudsman and staff.
Imposes a duty on the Fair Work Ombudsman and staff to administer oaths or affirmations.
Verifies information or answers for accuracy.
Traces the origin of information or answers.
712AE(3) Conduct of examination
712B Requirement to comply with FWO notice
Information or document, answer questions, take oath/affirmation
Must comply with FWO notice requirements.
712B(1) Requirement to comply with FWO notice
Exemption from compliance with FWO notice
712B(2) Requirement to comply with FWO notice
Exempts persons from complying with the requirement
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.279
712C Payment for expenses incurred in attending as required by an
Reasonable expenses (including legal expenses)
Entitlement to payment for expenses incurred attending as required
712C(1) Payment for expenses incurred in attending as required by an
sufficient evidence to establish that the person incurred the expenses
Payment for expenses incurred in attending as required is conditional on application and evidence.
712C(2) Payment for expenses incurred in attending as required by an
Temporal interval for application and evidence submission
The person must apply, in writing, to the Fair Work Ombudsman for payment of the expenses within 3 months after the attendance.
Conditional payment based on application and evidence
The person is not entitled to be paid for expenses under this section unless the person applies, in writing, to the Fair Work Ombudsman for payment of the expenses within 3 months after the attendance.
Payment for expenses incurred in attending as required unless application and evidence are provided.
Application must be in prescribed form and include required information.
712C(3) Payment for expenses incurred in attending as required by an
Protection from liability for providing information under FWO notices
712D Protection from liability relating to FWO notices
Obligation to provide information under FWO notices
712E Fair Work Ombudsman must notify Commonwealth
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.280
712F Review and report by Commonwealth Ombudsman
Must provide report, video recording, and transcript after examination completion.
712F(1) Review and report by Commonwealth Ombudsman
Obligation to provide report, video recording, and transcript.
Report must include specific information
712F(2) Review and report by Commonwealth Ombudsman
Review and report by Commonwealth Ombudsman
712F(3) Review and report by Commonwealth Ombudsman
The Commonwealth Ombudsman has the power to review under this section as if it were an investigation by the Ombudsman under the Ombudsman Act 1976.
712F(4) Review and report by Commonwealth Ombudsman
The Commonwealth Ombudsman has the power to review under this section.
The Commonwealth Ombudsman must report to Parliament.
712F(5) Review and report by Commonwealth Ombudsman
Commonwealth Ombudsman must prepare and present a report to Parliament about examinations conducted during each quarter.
712F(6) Review and report by Commonwealth Ombudsman
Obligation to prepare and present a report
The Commonwealth Ombudsman must prepare and present reports to Parliament.
712F(7) Review and report by Commonwealth Ombudsman
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.282
713 Self-incrimination etc.
No excuse from providing information or answering questions under certain conditions.
713(1) Self-incrimination etc.
Obligation to provide information or answer questions.
Exempts certain records and documents from being used as evidence in criminal proceedings.
713(2) Self-incrimination etc.
Prohibits the use of certain records and documents as evidence.
Information given under FWO notice cannot be used against the individual in certain proceedings.
713(3) Self-incrimination etc.
Prohibits use of information against the individual in certain proceedings.
713(4) Self-incrimination etc.
Exempts certain employee records from self-incrimination
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.283
713A Certain records and documents are inadmissible
Records and documents with certain access restrictions are not admissible in evidence.
713A(1) Certain records and documents are inadmissible
Prohibits the admission of certain records and documents.
Exemptions from inadmissibility of certain records and documents
713A(2) Certain records and documents are inadmissible
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.284
No person is required to produce a document that would disclose information subject to legal professional privilege.
713AA Legal professional privilege
714 Power to keep records or documents
Inspect and copy records or documents produced to the Fair Work Ombudsman.
714(1) Power to keep records or documents
Allow inspection and copying of records or documents
Inspection and copying of records or documents by authorized persons.
714(2) Power to keep records or documents
(2) While the Fair Work Ombudsman, an inspector or any other person keeps a record or document...
...he or she must allow the following persons to inspect, or make copies of, the record or document...
Granting permission to inspect or copy records.
...he or she must allow the following persons to inspect, or make copies of, the record or document at all reasonable times:
714A Reports not to include information relating to an individual’s
Information about an individual's affairs cannot be included in certain reports.
714A(1) Reports not to include information relating to an individual’s
Prohibits including information about an individual's affairs in certain reports.
Context and publicly available information must be considered when applying paragraph (1)(b) to individual affairs.
714A(2) Reports not to include information relating to an individual’s
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.285
715 Enforceable undertakings relating to contraventions of civil
Accepting an undertaking in case of contravention of civil remedy provision
715(1) Enforceable undertakings relating to contraventions of civil
The undertaking is related to the contravention
Temporal relation between undertaking and contravention
(1) This section applies if the Fair Work Ombudsman reasonably believes...
The undertaking is represented in the knowledge base
Knowledge representation of undertakings and contraventions
The Fair Work Ombudsman reasonably believes...
The undertaking is diffused to the contravention
Diffusion of undertakings and contraventions
There is a recurring trace between undertakings and contraventions
Recurring trace of undertakings and contraventions
Acceptance of written undertaking given by person in relation to contravention
715(2) Enforceable undertakings relating to contraventions of civil
Obligation to provide written undertaking
Consent required for withdrawal or variation of enforceable undertaking.
715(3) Enforceable undertakings relating to contraventions of civil
Inspector must not apply for an order under Division 2 of
715(4) Enforceable undertakings relating to contraventions of civil
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.286
Inspector may issue compliance notices for contraventions of specified laws and regulations.
716 Compliance notices
Jobkeeper enabling direction is a temporal interval.
...(h) a jobkeeper enabling direction (within the meaning of...
Inspector's belief is sufficient to issue a compliance notice.
Inspector reasonably believes a person has contravened one or more provisions.
This section applies if an inspector reasonably believes...
Section may be cited in other laws and regulations.
...(f) a term of an equal remuneration order;...
Jobkeeper enabling direction is an ordered trace.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.289
717 Review of compliance notices
717(1) Review of compliance notices
Court may stay operation of notice on terms and conditions.
717(2) Review of compliance notices
Court may confirm, cancel or vary compliance notice after review.
717(3) Review of compliance notices
Obligation to confirm, cancel or vary notice
717A Effect of cooperation agreement
Cannot refer conduct to DPP or AFP while cooperation agreement is in force.
717A(1) Effect of cooperation agreement
717A(2) Effect of cooperation agreement
The Fair Work Ombudsman may enter into a written agreement with a person covering specified conduct
717B Entry into cooperation agreement
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.290
Cooperation agreement is in force until terminated or withdrawn.
717C When a cooperation agreement is in force
Holds true when the agreement is in force.
The cooperation agreement is entered into.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.291
717D Termination of cooperation agreement by Fair Work
Termination of cooperation agreement by Fair Work Ombudsman
717D(1) Termination of cooperation agreement by Fair Work
The Fair Work Ombudsman may not terminate the cooperation agreement without written notice.
Prohibition of terminating cooperation agreement without notice
Allowing for alternative dispute resolution
717D(2) Termination of cooperation agreement by Fair Work
Termination may be followed by an application for an order
Describing the temporal relationship between termination and application
Application must occur after termination grounds are established
An order may be inferred from these circumstances
Describing the inference of an order from specific circumstances
Fair Work Ombudsman has grounds for terminating the agreement and applying for an order
May apply for alternative dispute resolution
Granting permission to apply for an order
Fair Work Ombudsman has grounds for terminating the agreement
Information about alternative dispute resolution may be disseminated widely
Describing the dissemination of information about alternative dispute resolution
Application is not limited to a single court or jurisdiction
Fair Work Ombudsman may reapply for an order under specific circumstances
Describing the recurring nature of the Fair Work Ombudsman's discretion
717D(3) Termination of cooperation agreement by Fair Work
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.292
Consent required for withdrawal from cooperation agreement
717E Withdrawal from cooperation agreement
There is an overlap in time between the granting of consent and the withdrawal from a cooperation agreement.
Temporal overlap between consent and withdrawal
The withdrawal must occur after obtaining consent.
The withdrawal of a person from a cooperation agreement implies that they have obtained the required consent.
If a person withdraws from a cooperation agreement, then they have obtained consent.
Based on the key 'sec-717e', it can be inferred that a person must obtain consent from the Fair Work Ombudsman to withdraw from a cooperation agreement.
Automated inference of withdrawal requirements
The key 'sec-717e' provides sufficient information for automated inference of the withdrawal process.
A person must obtain consent from the Fair Work Ombudsman to withdraw from a cooperation agreement.
Obligation to obtain consent for withdrawal
The Fair Work Ombudsman has the power to grant or refuse consent.
The consent granted by the Fair Work Ombudsman propagates to all parties involved in the cooperation agreement.
Consent propagates to all parties involved
The Fair Work Ombudsman's consent is binding on all parties to the cooperation agreement.
Parties may vary cooperation agreement with mutual consent and in writing.
717F Variation of cooperation agreement
717G Relationship with other powers
The power of the Fair Work Ombudsman is not affected by a cooperation agreement.
717G(1) Relationship with other powers
...the power of the Fair Work Ombudsman to accept an enforceable undertaking under section 715 in relation to the conduct; or...
The cooperation agreement does not affect the temporal relationship between powers.
(1) Whether a cooperation agreement is in force...
...the power of the Fair Work Ombudsman to accept an enforceable undertaking under section 715...
The power of the Fair Work Ombudsman continues despite a cooperation agreement.
...the power of an inspector to give a notice under section 716...
The power of an inspector continues despite a cooperation agreement.
...any other power or function of the Fair Work Ombudsman or an inspector that is not mentioned in subsection 717A(1).
Other powers or functions are not affected by a cooperation agreement.
...the power of an inspector to give a notice under section 716 in relation to the conduct; or...
The cooperation agreement does not affect the repetition of powers.
An enforceable undertaking has no effect to the extent that it is inconsistent with a cooperation agreement.
717G(2) Relationship with other powers
Inconsistency with a cooperation agreement
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.293
718 Disclosure of information by the Office of the Fair Work
Disclosure of certain information is required or necessary for administration or enforcement.
718(1) Disclosure of information by the Office of the Fair Work
Disclosure of information by the Office of the Fair Work
718(2) Disclosure of information by the Office of the Fair Work
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.294
718A False or misleading information or documents
Giving false or misleading information to the Fair Work Ombudsman is prohibited.
718A(1) False or misleading information or documents
The person must not give information or produce a document.
Temporal interval of recklessness implies a duty to ensure accuracy.
The person is reckless as to whether the information is false or misleading for an unspecified period.
Recklessness implies a duty to ensure accuracy through argumentation.
The person is reckless as to whether the information is false or misleading.
Prohibition of providing false or misleading information.
The person knows, or is reckless as to whether, the information is false or misleading.
Recklessness implies a duty to ensure accuracy.
No diffusion of responsibility applies in this context.
The person is the sole responsible party for providing accurate information.
Exemption from subsection (1) if information or document is not false or misleading in a material particular.
718A(2) False or misleading information or documents
Exemption from subsection (1) if information is not misleading in a material particular.
718A(3) False or misleading information or documents
...if the information did not omit any matter or thing without which the information is misleading in a material particular.
Temporal interval: exemption from subsection (1)
CogAI recognizes exemptions from subsection (1)
Diffusing exemptions from subsection (1)
written statement signed by the person or competent officer of the body corporate
Exemption from subsection (1) for documents accompanied by a written statement
718A(4) False or misleading information or documents
Granting permission to produce false or misleading documents
Official must inform person of potential liability before providing false or misleading information.
718A(5) False or misleading information or documents
The person may be liable for contravening subsection (1).
Official has an obligation to inform the person.
The official must take reasonable steps to inform the person.
718A(6) False or misleading information or documents
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.296
719 Guide to this Part
720 Meanings of employee and employer
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.297
FWC must not deal with an equal remuneration order if adequate alternative remedy exists.
721 Equal remuneration applications
Prohibition of dealing with equal remuneration applications
FWC cannot make an order under certain conditions.
722 Notification and consultation requirements applications
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.298
Making an unlawful termination application in relation to conduct is prohibited if the person can make a general protections court application.
723 Unlawful termination applications
Making an unlawful termination application is prohibited.
The person is entitled to make a general protections court application.
The person can make a general protections court application.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.299
FWC must not deal with equal remuneration applications if proceedings for alternative remedies have commenced.
724 Equal remuneration applications
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.300
Cannot make an application or complaint after dismissal if another section applies.
725 General rule
726 Dismissal remedy bargaining order applications
Application for dismissal remedy bargaining order must be made within certain conditions.
726(1) Dismissal remedy bargaining order applications
The application MUST BE MADE BETWEEN (a) and (b).
Application must be made within a certain time frame
(a) a dismissal remedy bargaining order application has been made by, or on behalf of, the person in relation to the dismissal;
The application has not been withdrawn by the person who made it.
The application MUST NOT BE WITHDRAWN BY THE PERSON WHO MADE IT.
Application must not be withdrawn by the person who made it.
(i) been withdrawn by the person who made the application;
The application MUST NOT FAIL FOR WANT OF JURISDICTION.
Application must not fail for want of jurisdiction.
Application for bargaining order due to good faith bargaining requirement violation
726(2) Dismissal remedy bargaining order applications
Temporal relation between application and requirement
(2) A dismissal remedy bargaining order application is an application for a bargaining order made on the ground that the person was dismissed in contravention of the good faith bargaining requirement in paragraph 228(1)(e).
Classification of entities involved (State, LegalPerson)
Application for a specific type of order due to violation of an obligation
Recurring trace between application and requirement
Validation against a schema for application classification
727 General protections FWC applications
General protections FWC applications must be made within certain conditions.
727(1) General protections FWC applications
The application must be made within a certain time period.
(b) the application has not: (i) been withdrawn by the person who made the application;
Must provide a general protections FWC application within certain conditions.
(a) a general protections FWC application has been made by, or on behalf of, the person in relation to the dismissal;
General protections FWC applications apply under certain conditions.
727(1A) General protections FWC applications
General protections FWC applications are subject to dismissal.
727(2) General protections FWC applications
Application occurs during a specific time period.
(2) A general protections FWC application is an application under section 365 for the FWC to deal with a dispute that relates to dismissal.
x is a general protections FWC application
Application is a general protections FWC application.
Application is related to a specific type of application.
Application is a specific type of FWC application.
x has a temporal relationship with a specific event
Application has a temporal relationship with a specific event.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.301
728 General protections court applications
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.302
729 Unfair dismissal applications
Unfair dismissal applications must be made within specified conditions.
729(1) Unfair dismissal applications
Application must be made within a specified time frame
(a) an unfair dismissal application has been made by the person in relation to the dismissal;
(b) the application has not: (ii) failed for want of jurisdiction;
Definition of unfair dismissal application
729(2) Unfair dismissal applications
An unfair dismissal application is an application under subsection 394(1) for a remedy for unfair dismissal.
730 Unlawful termination FWC applications
Unlawful termination FWC applications must be withdrawn or result in a certificate under paragraph 776(3)(a).
730(1) Unlawful termination FWC applications
the application was made before the specified time period.
the application must be withdrawn or result in a certificate under paragraph 776(3)(a).
Must be withdrawn or result in a certificate.
(a) an unlawful termination FWC application has been made by, nor on behalf of, the person in relation to the dismissal;
the application must not result in the issue of a certificate under paragraph 776(3)(a).
Must not result in the issue of a certificate under paragraph 776(3)(a).
(b) the application has not: (ii) failed for want of jurisdiction; or (iii) resulted in the issue of a certificate under paragraph 776(3)(a);
Unlawful termination FWC applications must be made by the person in relation to the dismissal and not withdrawn or failed for jurisdiction.
730(1A) Unlawful termination FWC applications
Unlawful termination FWC applications are prohibited.
730(2) Unlawful termination FWC applications
Prohibits unlawful termination FWC applications.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.303
Unlawful termination court applications must be made by or on behalf of the person in relation to the dismissal, and not withdrawn or failed for want of jurisdiction.
731 Unlawful termination court applications
Must be made by or on behalf of the person in relation to the dismissal
Application or complaint under another law has been made
732 Applications and complaints under other laws
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.304
Employer must provide benefits to dismissed person
733 Dismissal does not include failure to provide benefits
734 General rule
No general protections court application can be made for conduct not involving dismissal if an anti-discrimination law complaint has been made.
734(1) General rule
No general protections court application can be made.
Prohibition of general protections court applications for certain conduct.
An application or complaint under an anti-discrimination law has been made.
No application under anti-discrimination law can be made for conduct not involving dismissal if a general protections court application has been made.
734(2) General rule
...if a general protections court application has been made by, or on behalf of, the person in relation to the conduct;
No application can be made for conduct not involving dismissal.
(2) A person must not make an application or complaint...
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.305
Cannot make sexual harassment court application under certain conditions.
734A Sexual harassment court applications—interaction with sexual
...that they agree to the FWC arbitrating the dispute
2 or more of the parties (the notifying parties) have jointly notified the FWC...
...must not make a sexual harassment court application...
A person who alleges they have been sexually harassed...
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.306
734B Sexual harassment FWC applications and sexual harassment
Cannot make certain applications if an anti-discrimination complaint has been made or jurisdiction has failed.
734B(1) Sexual harassment FWC applications and sexual harassment
Application cannot be made during anti-discrimination complaint or jurisdiction failure
Anti-discrimination complaint or jurisdiction failure
Application made in contravention of anti-discrimination law
Cannot make an application or complaint under anti-discrimination law if a sexual harassment FWC application has been made.
734B(2) Sexual harassment FWC applications and sexual harassment
Cannot make an application or complaint.
Prohibition of making an application or complaint under anti-discrimination law.
Application has been made for sexual harassment FWC application.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.307
734BA Limitation on applications for remedy for unfair
Limitation on applications for remedy for unfair deactivation
734BA(1) Limitation on applications for remedy for unfair
...unless the other deactivation proceedings: (a) have been discontinued by the person who commenced them; or (b) have failed for want of jurisdiction.
Requires overlap between other deactivation proceedings and the application under Division 5 of Part 3A-3
(1) An application under Division 5 of Part 3A-3 (unfair deactivation or unfair termination of regulated workers) in relation to deactivation of a person from a digital labour platform must not be made...
Classifies applications under Division 5 of Part 3A-3 as prohibited based on other deactivation proceedings
Prohibits making an application under Division 5 of Part 3A-3
No other deactivation proceedings can be commenced unless the application has been discontinued or failed for want of jurisdiction.
734BA(2) Limitation on applications for remedy for unfair
Prohibition on commencing other deactivation proceedings.
Limitation on applications for remedy for unfair
734BA(3) Limitation on applications for remedy for unfair
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.308
734BB Limitation on applications for remedy for unfair
Limitation on applications for remedy for unfair termination of regulated workers
734BB(1) Limitation on applications for remedy for unfair
...unless the other termination proceedings: (a) have been discontinued by the person who commenced them; or (b) have failed for want of jurisdiction.
Requires temporal overlap between commencement of new application and existing termination proceedings
(1) An application under Division 5 of Part 3A-3 (unfair deactivation or unfair termination of regulated workers) in relation to termination of a services contract must not be made if other termination proceedings have been commenced...
Classifies the person who commenced the other termination proceedings as either responsible or not responsible
(a) have been discontinued by the person who commenced them; or (b) have failed for want of jurisdiction.
(1) An application under Division 5 of Part 3A-3 (unfair deactivation or unfair termination of regulated workers) in relation to termination of a services contract must not be made...
Diffuses responsibility to the person who commenced the other termination proceedings
Requires a recurring trace between new application and existing termination proceedings
Must not commence other termination proceedings in relation to a services contract
734BB(2) Limitation on applications for remedy for unfair
Prohibition of commencement of other termination proceedings
(2) A person must not commence other termination proceedings in relation to a services contract
Limitation on applications for review of services contracts—
734C Limitation on applications for review of services contracts—
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.310
Deals with disputes between employees and employers, regulated workers and businesses, and persons in a road transport contractual chain.
735 Guide to this Part
736 Meanings of employee and employer
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.311
737 Model term about dealing with disputes
Determine a model term for dealing with disputes for enterprise agreements.
737(1) Model term about dealing with disputes
Ensure model term consistency with requirements and consider various factors.
737(2) Model term about dealing with disputes
Ensure model term consistency with requirements.
(2) In determining the model term, the FWC must:
Determination under subsection (1) is a legislative instrument.
737(3) Model term about dealing with disputes
(3) A determination under subsection (1)
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.312
Procedure for dealing with disputes in various types of agreements and contracts.
738 Application of this Division
739 Disputes dealt with by the FWC
The FWC must deal with disputes if a term requires or allows it.
739(1) Disputes dealt with by the FWC
FWC must not exercise powers limited by the term.
739(3) Disputes dealt with by the FWC
FWC may arbitrate a dispute if parties agree to it.
739(4) Disputes dealt with by the FWC
FWC must not make inconsistent decisions with the Act or a fair work instrument.
739(5) Disputes dealt with by the FWC
Obligation to comply with the Act and fair work instrument.
FWC may deal with a dispute on application by a party.
739(6) Disputes dealt with by the FWC
Obligation to deal with disputes on application.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.313
740 Dispute dealt with by persons other than the FWC
Section applies if a term requires or allows another person to deal with a dispute.
740(1) Dispute dealt with by persons other than the FWC
Requires another person to deal with a dispute.
Permits arbitration of disputes by persons other than the FWC.
740(3) Dispute dealt with by persons other than the FWC
Must not make a decision inconsistent with the Act or a fair work instrument.
740(4) Dispute dealt with by persons other than the FWC
Prohibits making decisions inconsistent with the Act.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.314
741 Guide to this Part
742 Meanings of employee and employer
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.315
Object of this Division is to give effect, or further effect, to the ILO Convention and Recommendation concerning Equal Opportunities and Family Responsibilities.
743 Object of this Division
Extending entitlements for non-national system employees
744 Extending the entitlement to unpaid parental leave and related
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.317
Cannot contravene extended parental leave provisions
745 Contravening the extended parental leave provisions
References to National Employment Standards include extended parental leave provisions.
746 References to the National Employment Standards include
References to National Employment Standards are obligations
Classifies references to National Employment Standards
Exclusion of State laws on employee entitlements related to birth or adoption of children.
747 State and Territory laws that are not excluded
Non-national system employees are not award/agreement free.
748 Non-national system employees are not award/agreement free
Adds Chapter 6 Miscellaneous at the end of subsection 16(2)
749 Modification of meaning of base rate of pay for pieceworkers
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.318
Employee's full rate of pay for extended parental leave provisions
750 Modification of meaning of full rate of pay for pieceworkers
Obligation on the state to determine employee's full rate of pay
Employee's ordinary hours of work are determined by State industrial instrument.
751 Modification of meaning of ordinary hours of work—if
References to an award/agreement free employee also include non-national system employees.
752 Modification of meaning of ordinary hours of work—if not
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.319
Regulations may prescribe usual weekly hours for non-national system employees without specified ordinary hours of work.
753 Modification of meaning of ordinary hours of work—regulations
Prescribes a class of employees for extended parental leave provisions.
754 Modification of meaning of pieceworker
Section 79 applies as if subsections 79(2) and (3) were omitted.
755 Modification of provision about interaction with paid leave
References to non-national systems are included in employee references.
756 Modification of provision about relationship between National
Obligation to include non-national systems
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.320
Permits non-national system employers and employees to agree on matters that would or might otherwise be contrary to an extended parental leave provision.
757 Modification of power to make regulations
Object of this Division is to give effect, or further effect, to paragraph (f) of Article 10 of the ILO Convention (No. 190)
757A Object of this Division
Extending entitlement to paid family and domestic violence leave for non-national system employees
757B Extending the entitlement to paid family and domestic violence
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.323
Employer must not include certain information on pay slip.
757BA Employer obligations in relation to pay slips
Employer cannot contravene extended paid family and domestic violence leave provisions.
757C Contravening the extended paid family and domestic violence
Prohibition of contravening extended paid family and domestic violence leave provisions.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.324
References to National Employment Standards include extended paid family and domestic violence leave provisions.
757D References to the National Employment Standards include
Includes references to National Employment Standards
References to the National Employment Standards refer to extended paid family and domestic violence leave provisions
Exclusion of State laws on employee entitlements related to family and domestic violence.
757E State and Territory laws that are not excluded
Non-national system employees are not entitled to award/agreement free leave.
757F Non-national system employees are not award/agreement free
Employee's full rate of pay for extended paid family and domestic violence leave provisions must be determined by regulations.
757G Modification of meaning of full rate of pay for pieceworkers
Obligation to determine employee's full rate of pay.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.325
Prescribes a class of employees for extended paid family and domestic violence leave provisions.
757H Modification of meaning of pieceworker
Classifies employees for leave provisions
Modifies section 128's references to include non-national systems.
757J Modification of provision about relationship between National
Permits agreement on matters that would otherwise be contrary to an extended paid family and domestic violence leave provision.
757K Modification of power to make regulations
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.326
Object of this Division is to give effect, or further effect, to the ILO Convention and Recommendation.
758 Object of this Division
759 Extending entitlement to notice of termination or payment in
Extends entitlement to notice of termination or payment in lieu of notice for non-national system employees.
759(1) Extending entitlement to notice of termination or payment in
...the provisions to a national system employee also included a reference to a non-national system employee.
Includes references to national system employees and employers
Any reference in the provisions to a national system employer also included a reference to a non-national system employer.
The provisions apply to non-national system employees as if...
Subdivision A of Division 11 of Part 2-2 provides for notice of termination or payment in lieu of notice.
...the provisions also included a reference to a non-national system employer.
The provisions of Subdivision A of Division 11 of Part 2-2 provide for notice of termination or payment in lieu of notice.
Extending entitlement to notice of termination or payment in relation to Subdivision A of Division 11 of Part 2-2 as it applies because of subsection (1)
759(2) Extending entitlement to notice of termination or payment in
Modifications to extended notice of termination provisions
759(3) Extending entitlement to notice of termination or payment in
Applicable regulations must comply with subsection (1)
759(4) Extending entitlement to notice of termination or payment in
Regulations must comply with subsection (1)
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.327
Cannot contravene extended notice of termination provisions
760 Contravening the extended notice of termination provisions
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.328
References to National Employment Standards include extended notice of termination provisions.
761 References to the National Employment Standards include
This excerpt is classified as an Undertaking because it provides descriptive information.
Descriptive clauses are used to provide additional information about a provision.
Exclusion of State and Territory laws on employee entitlements
762 State and Territory laws that are not excluded
and provide entitlements for those employees that are more beneficial than the entitlements under the extended notice of termination provisions
to the extent that those laws apply to non-national system employees
to the exclusion of laws of a State or Territory
that are more beneficial than the entitlements under the extended notice of termination provisions
those laws provide entitlements for those employees
763 Non-national system employees are not award/agreement free
Employee's full rate of pay for purposes of extended notice provisions.
764 Modification of meaning of full rate of pay for pieceworkers
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.329
Prescribes a class of employees for extended notice of termination provisions.
765 Modification of meaning of pieceworker
Classifies employees into a specific category.
A State industrial instrument may include terms specifying the period of notice a non-national system employee must give in order to terminate his or her employment.
766 Modification of provision about notice of termination by
References to non-national systems are included in employee agreements.
767 Modification of provision about relationship between National
Permits non-national system employers and employees to agree on matters contrary to an extended notice of termination provision.
768 Modification of power to make regulations
Allows non-national system employers and employees to agree on matters contrary to an extended notice of termination provision.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.331
Defines terms and conditions of employment transfer
768AA Guide to this Part
768AB Meanings of employee and employer
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.332
768AC What this Division is about
768AD When does a transfer of business occur?
Transfer of business from non-national system employer to national system employer requires specific conditions.
768AD(1) When does a transfer of business occur?
the transfer of business occurs within 3 months after the termination
Occurs during employment termination and new employment.
(a) the employment of a person who is a State public sector employee of the old State employer has terminated;
there is a transfer of business from a non-national system employer to a national system employer
Requires specific conditions for transfer of business.
the transfer of business requires a connection between the old and new employers
Requires connection between old and new employers.
(d) there is a connection between the old State employer and the new employer as described in subsection (2), (3) or (4).
the transfer of business occurs throughout the employment relationship
Occurs everywhere in the employment relationship.
(b) within 3 months after the termination, the person becomes employed by the new employer;
The new employer must have the beneficial use of some or all of the assets.
768AD(2) When does a transfer of business occur?
Describes the assets that relate to or are used in connection with the transferring work.
Transfer of business occurs when old State employer outsources work to new employer.
768AD(3) When does a transfer of business occur?
Transfer of business occurs when new employer is associated entity of old State employer
768AD(4) When does a transfer of business occur?
connection between old and new employers
Temporal relation between old and new employers
new employer employs transferring employee
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.333
768AE Meaning of transferring employee, termination time and
Defines transferring employee in relation to business transfer.
768AE(1) Meaning of transferring employee, termination time and
is a transferring employee in relation to the transfer of business.
(1) The person referred to in paragraph 768AD(1)(a)
Termination time of a transferring employee is the start of the day employment is terminated by the old State employer.
768AE(2) Meaning of transferring employee, termination time and
Defines re-employment time of a transferring employee
768AE(3) Meaning of transferring employee, termination time and
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.334
Defines copied State instruments for transferring employees.
768AF What this Division is about
Prohibition on contravening a copied State instrument for a transferring employee.
768AG Contravening a copied State instrument
for a transferring employee that applies to the person
Temporal interval between contravention and prohibition
A person must not contravene a term of a copied State instrument
contravene a term of a copied State instrument
Prohibition diffuses responsibility for compliance
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.335
A copied State instrument for a transferring employee is defined.
768AH What is a copied State instrument?
A copied State award comes into operation immediately after the termination time.
768AI What is a copied State award?
...then a copied State award for the transferring employee is taken to come into operation immediately after the termination time.
The copied State award comes into effect during the termination time.
(b) the original State award covered (however described in the original State award or a relevant law of the State) the old State employer and the transferring employee;
...a copied State award for the transferring employee is taken to come into operation immediately after the termination time.
The copied State award comes into operation immediately after the termination time.
(1) If, immediately before the termination time of a transferring employee:...
...then the State’s interaction rules that were in force immediately before the termination time apply for the purposes of working out the interaction between the copied State award and the copied State employment agreement.
The employee or another person must enforce the copied State award.
...it will not be enforceable by the employee or another person (for example, the new employer) unless and until it applies to the employee or other person.
The copied State award must be applied to the employee or new employer.
...it will not apply to the employee or new employer before the employee becomes employed by the new employer.
The copied State award comes into effect until the employee becomes employed by the new employer.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.336
768AJ What is a State award?
Regulates terms and conditions of employment
768AJ(1) What is a State award?
Defines temporal interval for award applicability
(1) A State award is an instrument in relation to which the following conditions are satisfied:
Imposes obligations on employment terms and conditions
An instrument may be a State award or not.
768AJ(2) What is a State award?
768AK What is a copied State employment agreement?
A copied State employment agreement comes into operation immediately after the termination time.
768AK(1) What is a copied State employment agreement?
Employment agreement terms are included in the copied State employment agreement.
768AK(2) What is a copied State employment agreement?
Terms of copied State employment agreement affected by state industrial body or court decisions
768AK(3) What is a copied State employment agreement?
A copied State collective employment agreement must be a copy of the original agreement.
768AK(4) What is a copied State employment agreement?
Therefore, the copied agreement must also be entered into on that same date.
Establishes a temporal relationship between the original and copied agreements.
The original agreement was entered into on a specific date.
Therefore, the copied agreement must also include these provisions.
Analyzes the language to identify potential AI-related concepts.
The agreement includes provisions related to artificial intelligence.
Therefore, the copied agreement must also meet these requirements.
Imposes an obligation on the State to ensure the copied agreement meets the requirements of a collective employment agreement.
The original agreement is a collective agreement.
Therefore, the copied agreement must also be entered into after the original agreement.
The original agreement was entered into before the copied agreement.
Validates the structure of the agreement against a set of rules.
The agreement includes specific requirements for formatting and content.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.338
768AL What is a State employment agreement?
768AL(1) What is a State employment agreement?
States the conditions under which an agreement is valid
An instrument of a specified kind may be considered a State employment agreement.
768AL(2) What is a State employment agreement?
A State employment agreement is a collective employment agreement unless it meets certain conditions.
768AL(3) What is a State employment agreement?
A State individual employment agreement is a State employment agreement.
768AL(4) What is a State employment agreement?
Identifies the type of employment agreement.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.339
768AM When does a copied State instrument apply to a person?
A copied State instrument applies to a person if certain conditions are met.
768AM(1) When does a copied State instrument apply to a person?
A copied State instrument applies to an employer if it covers the employer and is in operation.
768AM(2) When does a copied State instrument apply to a person?
(a) the instrument covers the employer; and (b) the instrument is in operation;
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.340
768AN When does a copied State instrument cover a person?
Employee and new employer covered in relation to transferring work.
768AN(1) When does a copied State instrument cover a person?
(1) A copied State instrument for a transferring employee
An employee organisation is covered by a copied State instrument if the instrument covers the employee and the original State award or agreement covered the organisation.
768AN(2) When does a copied State instrument cover a person?
An employer organisation is covered by a copied State instrument if certain conditions are met.
768AN(3) When does a copied State instrument cover a person?
A copied State instrument covers a person if it provides or has the effect of covering them under certain provisions.
768AN(4) When does a copied State instrument cover a person?
Provision of this Act or FWC order implies coverage
(a) provision of this Act or (b) FWC order
A copied State instrument does not cover a person if any of the Chapter 6 Miscellaneous provisions apply.
768AN(5) When does a copied State instrument cover a person?
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.342
768AO When is a copied State instrument in operation?
A copied State instrument for a transferring employee comes into operation immediately after the employee’s termination time.
768AO(1) When is a copied State instrument in operation?
Occurs during the employee's termination time.
(1) A copied State instrument for a transferring employee comes into operation immediately after the employee’s termination time.
If the instrument is in place, it must operate at termination.
Implies that the instrument operates at termination.
The system acknowledges this as a normal process.
Recognizes the instrument's operation as a standard procedure.
The State is obligated to ensure the instrument operates at termination.
The information spreads that the instrument operates at termination.
Diffuses information about the instrument's operation.
Award operates for a period longer than the default period if FWC makes an order.
768AO(2) When is a copied State instrument in operation?
Default period applies unless FWC makes an order.
Regulations may prescribe circumstances for FWC to make an order.
768AO(3) When is a copied State instrument in operation?
Regulations may prescribe circumstances.
A copied State employment agreement ceases to operate when it is terminated.
768AO(4) When is a copied State instrument in operation?
Cannot operate again after ceasing operation
768AO(5) When is a copied State instrument in operation?
A copied State instrument for a transferring employee that has ceased to operate can never operate again.
768AO(6) When is a copied State instrument in operation?
Temporal relationship between cessation and operation
(6) A copied State instrument for a transferring employee that has ceased to operate can never operate again.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.344
768AP What this Division is about
Term of copied State instrument is of no effect if detrimental to employee under NES.
768AQ Interaction between the NES and a copied State instrument
Term of instrument overlaps with 'no effect' if detrimental.
Term of instrument is detrimental to employee.
If term is detrimental, then it has no effect.
768AR Provisions of the NES that allow instruments to contain
Terms about paid annual leave and personal/carer’s leave
768AR(1) Provisions of the NES that allow instruments to contain
Includes terms about paid annual leave and personal/carer’s leave
If a copied State instrument includes terms that do not include requirements, then the instrument is taken to include those requirements.
768AR(2) Provisions of the NES that allow instruments to contain
States the obligation to include requirements
Classifies terms included in an instrument
If a copied State instrument applies to the employee, subsections 87(3) to (5) have effect.
768AR(3) Provisions of the NES that allow instruments to contain
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.346
768AS Modern awards and copied State awards
A modern award does not cover an employee, employer or other person in relation to the employee if a copied State award covers them.
768AS(1) Modern awards and copied State awards
...a modern award will start to cover the employee, or an employer or other person in relation to the employee.
Describes temporal relationship between copied State awards and modern awards.
When the copied State award for a transferring employee ceases to cover the employee, a modern award will start to cover the employee,...
...a modern award does not cover the employee, or the employer or other person in relation to the employee.
Prohibits modern awards from covering employees covered by copied State awards.
(1) While a copied State award for a transferring employee:...
Describes condition under which copied State awards cease to apply.
When the copied State award for a transferring employee ceases to cover the employee,...
Exempts modern awards from better off overall test for enterprise agreements
768AS(2) Modern awards and copied State awards
Subject to FWC order about coverage under subsection 768BA(1)
768AS(3) Modern awards and copied State awards
768AT Modern awards and copied State employment agreements
If a copied State collective employment agreement and a modern award both apply, the copied agreement prevails over the modern award to the extent of any inconsistency.
768AT(1) Modern awards and copied State employment agreements
Modern award does not apply to the employee, employer or other person in relation to the employee.
768AT(2) Modern awards and copied State employment agreements
Temporal relation between the transfer of business and the application of the obligation
The new employer has transferred business to another employer
Obligation on the employer to ensure the base rate of pay is not less than the modern award rate
The copied State individual employment agreement must not be less than the modern award rate
Obligation on the employer to ensure the base rate of pay is not less than the modern award rate in certain situations
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.348
768AU Enterprise agreements and copied State instruments
Enterprise agreement does not cover employee in relation to transferring work.
768AU(1) Enterprise agreements and copied State instruments
Copied State instrument ceases to cover employee and new employer after another enterprise agreement starts.
768AU(2) Enterprise agreements and copied State instruments
Prohibits the copied State instrument from covering employee and new employer.
768AU(3) Enterprise agreements and copied State instruments
This section overlaps in time with the FWC order
FWC order about coverage under subsection 768BA(1)
The CogAI recognizes the FWC order in this section
This section has effect subject to any FWC order about coverage under subsection 768BA(1)
This section has effect subject to the FWC order
The diffusion of the FWC order is contained in this section
The FWC order contains the temporal information
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.349
Sets out when a copied State instrument may be varied or terminated.
768AV What this Division is about
Variation of copied State instrument for transferring employee is restricted
768AW Variation in limited circumstances
Restricts variation of copied State instrument
Section applies if there is or is likely to be a transfer of business.
768AX Variation of copied State instruments
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.352
768AY Termination in limited circumstances
Cannot be terminated except under certain circumstances
768AY(1) Termination in limited circumstances
A copied State instrument for a transferring employee that has been terminated ceases to operate and can never operate again.
768AY(2) Termination in limited circumstances
Prohibits the operation of a copied State instrument after termination.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.353
768AZ What this Division is about
Provides for orders to be made if there is, or is likely to be, a transfer of business.
768AZ(1) What this Division is about
Establishes the existence of an obligation.
Allowing for the making of orders before certain conditions are met.
768AZ(2) What this Division is about
(2) An order may be made under this Division...
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.354
768BA FWC orders about coverage for transferring employees
FWC may make orders regarding coverage for transferring employees.
768BA(1) FWC orders about coverage for transferring employees
The FWC may make an order under subsection (1) on its own initiative or on application by certain parties.
768BA(2) FWC orders about coverage for transferring employees
Consider views of employees and new employer when making an order.
768BA(3) FWC orders about coverage for transferring employees
Obligation to consider views of employees and new employer.
Order must not come into operation before transferring employee's re-employment time or the day the order is made.
768BA(4) FWC orders about coverage for transferring employees
Prohibition on premature operation of orders
(4) An order under subsection (1) must not come into operation in relation to a particular transferring employee before the later of the following:
(a) the transferring employee’s re-employment time;
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.355
FWC may make an order about coverage for employee organisations.
768BB FWC orders about coverage for employee organisations
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.357
This Division allows the FWC to consolidate various workplace instruments.
768BC What this Division is about
Temporal intervals for instrument consolidation
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.358
768BD Consolidation orders in relation to transferring employees
The FWC may make an order that a copied State instrument for one or more other transferring employees is also a copied State instrument.
768BD(1) Consolidation orders in relation to transferring employees
The FWC may make a consolidation order under subsection (1) on its own initiative or on application by certain parties.
768BD(2) Consolidation orders in relation to transferring employees
Consider views of employees and new employer when deciding to make a consolidation order.
768BD(3) Consolidation orders in relation to transferring employees
Consider the views of employees and new employer.
Consolidation order must not come into operation before transferring employee's re-employment time or the day the order is made.
768BD(4) Consolidation orders in relation to transferring employees
Temporal relationship between re-employment time and order day
(4) A consolidation order under subsection (1) must not come into operation in relation to a particular transferring employee...
Prohibition on operation before specified conditions
Obligation on operation after specified conditions
Recurring trace of employees based on re-employment time and order day
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.359
Consolidation order specifies application and coverage of copied State instrument for employee A
768BE Consolidation order to deal with application and coverage
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.360
Effect of this Act after a consolidation order is made
768BF Effect of this Act after a consolidation order is made
768BG Consolidation orders in relation to non-transferring
The FWC may make an order that a copied State instrument for one employee also is or will be a copied State instrument for one or more non-transferring employees.
768BG(1) Consolidation orders in relation to non-transferring
768BG(2) Consolidation orders in relation to non-transferring
768BG(3) Consolidation orders in relation to non-transferring
768BG(4) Consolidation orders in relation to non-transferring
...the nominal expiry date of the agreement.
Consider the nominal expiry date of the agreement.
...the views of the employees who would be affected by the order.
Classify the consolidation order as a consolidation order.
...the new employer or a person who is likely to be the new employer.
Consider the views of the new employer or a person likely to be the new employer.
...whether any employees would be disadvantaged by the order in relation to their terms and conditions of employment.
Consider the impact on employee terms and conditions.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.362
768BH Consolidation order to deal with application and coverage
A consolidation order must specify when an employee instrument applies to and covers certain employees.
768BH(1) Consolidation order to deal with application and coverage
Specify that an enterprise agreement does not cover the non-transferring employee, new employer, and certain employee organisations.
768BH(2) Consolidation order to deal with application and coverage
The exclusion is conditional on the enterprise agreement covering the non-transferring employee.
Describes the temporal relationship between the order and the exclusion of entities
(2) If an enterprise agreement covers...
The exclusion is applied to the new employer and certain employee organisations.
Describes the application of the exclusion to related entities
The non-transferring employee, new employer, and certain employee organisations are not covered.
Implies a prohibition on covering the specified entities
The exclusion is propagated to the new employer and certain employee organisations.
Describes the propagation of the exclusion to related entities
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.363
This Act has effect in relation to a particular non-transferring employee, from the time the order comes into operation in relation to that employee.
768BI Effect of this Act after a consolidation order is made
The Act has a direct obligation on the State to apply its provisions.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.364
Model term prescribed by regulations is a term of the instrument in case of dispute settlement
768BJ What this Division is about
The model term prescribed by regulations is taken to be a term of the instrument in that case.
Subdivision B deals with the case where a copied State instrument for a transferring employee does not have a term about settling disputes about matters arising under the instrument.
The model term prescribed by regulations is an obligation on the copied State instrument.
In that case, the model term prescribed by regulations is taken to be a term of the instrument.
The model term prescribed by regulations is taken to be a term of the instrument in that case, which may recur.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.365
768BK Where no term dealing with disputes
Model term for settling disputes about matters arising under a copied State instrument for a transferring employee is included if not present in the original instrument.
768BK(1) Where no term dealing with disputes
Model term is applicable during the transfer period
Model term applies during the transfer period
Transfer period starts when the employee transfers
Instrument does not include procedure for settling disputes
FWC must determine a model term for disputes
768BK(1A) Where no term dealing with disputes
Model term for copied State award may be same or different from model term for copied State employment agreement.
768BK(2) Where no term dealing with disputes
Consideration of factors when determining the model term
768BK(3) Where no term dealing with disputes
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.366
768BL Service for the purposes of this Act
Service of old employer counts as service for new employer
768BL(1) Service for the purposes of this Act
Employee's continuous service with the new employer is not broken by a period of time between termination and re-employment.
768BL(2) Service for the purposes of this Act
This period is included in the employee's continuous service with the new employer.
The period of time between termination and re-employment does not break the employee's continuous service with the new employer.
There is an obligation on the employee to provide this information.
The employee must provide this information to the new employer.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.367
768BM NES—working out non-accruing entitlements
This section applies for the purposes of determining entitlements.
768BM(1) NES—working out non-accruing entitlements
Prevents counting of old State employer's period of service when calculating employee's entitlements.
768BM(2) NES—working out non-accruing entitlements
Prevents counting of old State employer's period of service.
No initial qualifying period of service is required for long service leave.
768BM(3) NES—working out non-accruing entitlements
No entitlement to redundancy pay if terms and conditions did not provide for it.
768BM(4) NES—working out non-accruing entitlements
Terms and conditions did not provide for redundancy pay.
Redundancy pay applies until terms and conditions change.
If a State industrial body could have made an order giving the employee an entitlement to redundancy pay, then the employee is entitled to redundancy pay.
768BM(5) NES—working out non-accruing entitlements
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.368
768BN NES—working out accruing entitlements
Employee's accrued entitlement to paid annual leave or personal/ carer’s leave
768BN(1) NES—working out accruing entitlements
Employee has an obligation to receive accrued entitlements
Minimum standard for accrued leave after re-employment
768BN(2) NES—working out accruing entitlements
Imposes a duty on the State to provide minimum standards for accrued leave
Applies the National Employment Standards as a minimum standard
Reduction of accrued leave amount if old employer paid
768BN(3) NES—working out accruing entitlements
It does not matter whether entitlement accrued under original State award or agreement.
768BN(4) NES—working out accruing entitlements
Classifies the legal effect as an obligation.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.369
768BO Copied State instrument—service
Service of employee with old and new employer counts towards application of copied State instrument.
768BO(1) Copied State instrument—service
...also counts as service of the employee with the new employer.
Temporal overlap between service and re-employment
(b) counted for the purposes of the application...
...and counted for the purposes of the application...
Service obligation implies right to re-employment
(a) occurred before the employee’s termination time;
...counts as service of the employee with the new employer.
Service obligation recognized by AI system
(1) Service of a transferring employee...
Service obligation diffuses to new employer
Employee's continuous service with new employer
768BO(2) Copied State instrument—service
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.370
768BP Copied State instrument—working out non-accruing
No double entitlement to annual leave or personal leave or carer’s leave under the copied State instrument.
768BP(1) Copied State instrument—working out non-accruing
Prohibits double entitlement to specified leave types.
Prevents counting of old State employer's period of service when calculating employee's entitlements under copied State instrument.
768BP(2) Copied State instrument—working out non-accruing
(2) If, before or after the employee’s termination time, the employee has the benefit of an entitlement...
No initial qualifying period of service for long service leave is required.
768BP(3) Copied State instrument—working out non-accruing
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.371
768BQ Copied State instrument—working out accruing entitlements
Employee entitlements for annual leave and personal leave
768BQ(1) Copied State instrument—working out accruing entitlements
Accrued entitlements taken to have accrued under copied State instrument
768BQ(2) Copied State instrument—working out accruing entitlements
Reduction of accrued leave amount if old employer paid employee
768BQ(3) Copied State instrument—working out accruing entitlements
...the amount of accrued leave is reduced accordingly.
Reduction of accrued leave amount overlaps with payment by old employer
(3) However, if before or after the employee’s termination time...
Reduction of accrued leave amount is inferentially related to payment by old employer
Obligation to reduce accrued leave amount
Reduction of accrued leave amount diffuses to payment by old employer
Reduction of accrued leave amount is recurrently applied
It does not matter whether leave accrued under the original State award or original State agreement for the copied State instrument.
768BQ(4) Copied State instrument—working out accruing entitlements
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.372
768BR Cessation not intended to result in reduction in take-home
Employee's take-home pay is not reduced due to cessation of copied State award.
768BR(1) Cessation not intended to result in reduction in take-home
Cessation is not intended to result in reduction
The excerpt describes a temporal relationship between the cessation and the reduction.
Cessation of copied State award occurs before reduction in take-home pay
Employee's take-home pay is not reduced due to cessation
The excerpt implies a relationship between the cessation and the reduction.
If a condition is met, an obligation is created.
The excerpt describes a process where the obligation is propagated.
Cessation of copied State award for transferring employee
The excerpt describes a relationship between the cessation and the reduction using RDF.
768BR(2) Cessation not intended to result in reduction in take-home
Employee has a right to their take-home pay
Reduction in take-home pay is only allowed under specific conditions.
768BR(3) Cessation not intended to result in reduction in take-home
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.373
768BS Orders remedying reductions in take-home pay
FWC may make order requiring payment of take-home pay to employee
768BS(1) Orders remedying reductions in take-home pay
FWC may make a take-home pay order on its own initiative or on application by transferring employee or organisation.
768BS(2) Orders remedying reductions in take-home pay
FWC cannot make a take-home pay order under certain conditions.
768BS(3) Orders remedying reductions in take-home pay
Prohibition of making a take-home pay order
FWC has the power to make take-home pay orders
Ensure take-home pay order does not apply to transferring employees unless they have suffered a reduction in pay.
768BS(4) Orders remedying reductions in take-home pay
Ensure take-home pay order meets obligation.
Dismiss any later application for take-home pay if an earlier one has already been made in relation to the same employee.
768BS(5) Orders remedying reductions in take-home pay
Prohibits making a later application for take-home pay if an earlier one has already been made in relation to the same employee.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.374
Prohibition on contravening a take-home pay order
768BT Contravening a take-home pay order
The person must not contravene the term.
A person must not contravene a term of a take-home pay order that applies to the person.
Take-home pay order continues in relation to employee for as long as modern award applies.
768BU How long a take-home pay order continues to apply
A term of a modern award or an enterprise agreement is less beneficial to the employee than a term of a take-home pay order if it applies to the employee.
768BV Interaction of take-home pay orders with modern awards
is less beneficial than a term of a take-home pay order that applies to the employee.
The benefits of a modern award or enterprise agreement may overlap with those of a take-home pay order.
Term of a modern award or an enterprise agreement
A CogAI system may recognize that a modern award or enterprise agreement is less beneficial than a take-home pay order.
Obligation of a modern award or enterprise agreement to be at least as beneficial as a take-home pay order.
The benefits of a modern award or enterprise agreement may diffuse into those of a take-home pay order.
The benefits of a modern award or enterprise agreement may overlap with those of a take-home pay order in terms of time.
This Act applies as if certain provisions included a reference to take-home pay orders.
768BW Application of this Act to take-home pay orders
Modifies the Act for copied State instruments
768BX Modification of this Act for copied State instruments
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.376
Modifies transitional provisions for copied State instruments
768BY Modification of the Transitional Act for copied State
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.380
768BZ Modification of the Registered Organisations Act for copied
Modify Registered Organisations Act for copied State awards and employment agreements.
768BZ(1) Modification of the Registered Organisations Act for copied
Relating to how the Registered Organisations Act applies in relation to a transferring employee.
768BZ(2) Modification of the Registered Organisations Act for copied
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.382
768CA Regulations
Regulations for transition from State awards and State employment agreements to copied State instruments.
768CA(1) Regulations
Regulations may make provision in relation to...
Regulations may modify or apply provisions of the Act.
768CA(2) Regulations
Regulations cannot modify provisions to impose an obligation or create new offences.
768CA(3) Regulations
Regulations cannot modify provisions to impose an obligation.
Provisions for regulations do not limit each other.
768CA(4) Regulations
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.384
769 Guide to this Part
770 Meanings of employee and employer
Object of this Division is to give effect, or further effect, to the ILO Convention (No. 111) concerning Discrimination in respect of Employment and Occupation.
771 Object of this Division
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.386
772 Employment not to be terminated on certain grounds
Employer must not terminate employment for certain reasons.
772(1) Employment not to be terminated on certain grounds
Prohibits termination of employment under specified conditions.
Employment cannot be terminated on certain grounds.
772(2) Employment not to be terminated on certain grounds
Prohibits termination of employment based on certain grounds.
Employment cannot be terminated for absence during parental leave.
772(3) Employment not to be terminated on certain grounds
Prohibits termination of employment for absence during parental leave.
772(4) Employment not to be terminated on certain grounds
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.387
Employee may apply for FWC to deal with dispute over termination.
773 Application for the FWC to deal with a dispute
Employee has a right to apply for FWC to deal with dispute.
Application must be made within 21 days after employment termination.
774 Time for application
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.388
775 Application fees
Application must be accompanied by a prescribed fee.
775(1) Application fees
775(2) Application fees
776 Dealing with a dispute (other than by arbitration)
FWC must deal with a dispute (other than by arbitration)
776(1) Dealing with a dispute (other than by arbitration)
Conferences must be conducted in private
776(2) Dealing with a dispute (other than by arbitration)
FWC must issue certificate if dispute resolution attempts are unsuccessful
776(3) Dealing with a dispute (other than by arbitration)
An unlawful termination court application is an obligation to apply to a court under Division 2 of Part 4-1 for orders in relation to a contravention of subsection 772(1).
776(4) Dealing with a dispute (other than by arbitration)
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.389
Notification of FWC arbitration agreement within 14 days after certificate issuance.
777 Dealing with a dispute by arbitration
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.390
A person who is entitled to apply under section 773 for the FWC to deal with a dispute must not make an unlawful termination court application in relation to the dispute unless certain conditions are met.
778 Taking a dispute to court
Temporal interval for making an unlawful termination court application in relation to the dispute.
unlawful termination court application is made within 14 days after the day the certificate is issued, or within such period as the court allows on an application made during or after those 14 days
unlawful termination court application must not be made
Prohibition of making an unlawful termination court application in relation to the dispute unless certain conditions are met.
FWC has issued a certificate under paragraph 776(3)(a) in relation to the dispute
Obligation to make an unlawful termination court application in relation to the dispute unless certain conditions are met.
Classification of the provision as a prohibition.
Classification of the provision as an obligation.
Recurring trace for making an unlawful termination court application in relation to the dispute.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.391
779 Appeal rights
FWC cannot grant permission to appeal from a decision made by the FWC under subsection 777(2) unless it is in the public interest.
779(1) Appeal rights
Prohibition on granting permission to appeal
779(2) Appeal rights
can only, to the extent that it is an appeal on a question of fact
779A Costs orders against parties
The FWC may order costs against a party to a dispute if they caused the other party's costs.
779A(1) Costs orders against parties
There is an Allen interval between the application and the costs.
The FWC is satisfied that the first party caused those costs...
The CogAI recognizes the obligation to pay costs.
A party must pay costs incurred by the other party.
The obligation to pay costs diffuses from the FWC to the first party.
There is an ordered trace between the application and the costs.
The FWC may make an order only if the other party applies for it.
779A(2) Costs orders against parties
Does not limit FWC's power to order costs under section 611.
779A(3) Costs orders against parties
Prohibition on costs orders against lawyers and paid agents
780 Costs orders against lawyers and paid agents
Prohibits costs orders against lawyers and paid agents
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.392
Application for costs order must be made within 14 days after FWC finishes dealing with dispute.
781 Applications for costs orders
Application must be made within 14 days.
781A Schedule of costs
A schedule of costs may be prescribed in relation to items of expenditure likely to be incurred.
781A(1) Schedule of costs
Cannot award costs at a rate or amount exceeding the schedule.
781A(2) Schedule of costs
...must not award costs in relation to that item at a rate or of an amount exceeding...
Limits cost awards within the specified time frame.
(2) If a schedule of costs is prescribed...
Restricts cost awards based on the schedule.
...must not award costs in relation to that item...
Prohibits awarding costs at a rate or amount exceeding the schedule.
Limits cost awards within the specified scope.
Limits cost awards to recurring items within the schedule.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.393
Prohibition on contravening costs orders
782 Contravening costs orders
783 Reason for action to be presumed unless proved otherwise
Presumption of reason for action in contravention cases
783(1) Reason for action to be presumed unless proved otherwise
...would constitute a contravention of subsection 772(1);
Applies to automated decision-making processes
Presumes a reason for action unless proven otherwise
Spreads the presumption to related cases
(b) taking that action for that reason...
Establishes a causal relationship between action and reason
Prevents application of subsection (1) to interim injunction orders
783(2) Reason for action to be presumed unless proved otherwise
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.394
784 Object of this Division
785 Employer to notify Centrelink of certain proposed terminations
Employer must notify Centrelink of proposed terminations.
785(1) Employer to notify Centrelink of certain proposed terminations
Reasons for termination, number and categories of employees likely to be affected, time when or period over which termination is intended.
Employer must notify Centrelink of certain proposed terminations.
785(2) Employer to notify Centrelink of certain proposed terminations
Employer has a duty to notify Centrelink.
785(3) Employer to notify Centrelink of certain proposed terminations
785(4) Employer to notify Centrelink of certain proposed terminations
Employer must not terminate employment without Centrelink's permission.
785(5) Employer to notify Centrelink of certain proposed terminations
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.395
FWC may make orders where failure to notify or consult registered employee associations about terminations.
786 FWC may make orders where failure to notify or consult
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.397
787 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 786(2) and (3).
787(1) Orders that the FWC may make
787(2) Orders that the FWC may make
788 Application to the FWC for order
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.398
789 Limits on scope of this Division
Employees exempt from this Division's scope
789(1) Limits on scope of this Division
Exempts employment from Division application if substantial reason for employing the employee was to avoid the application of this Division.
789(2) Limits on scope of this Division
Defines temporal interval for exemption from Division application.
(2) Paragraph (1)(a) does not prevent this Division from applying in relation to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division.
Describes artificial intelligence process for exemption from Division application.
Exempts employment from Division application.
Describes diffusive process for exemption from Division application.
Defines recurring trace for exemption from Division application.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.399
789AA Guide to this Part
789AB Meanings of employee and employer
Ensure secure, safe and fair systems of work for outworkers
789AC Objects of this Part
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.401
789BA Provisions covered by this Division
Exemptions from coverage of this Division
789BA(1) Provisions covered by this Division
Provisions not covered by this Division are to be interpreted disregarding the effect of this Division in relation to other provisions of this Act.
789BA(2) Provisions covered by this Division
...are to be interpreted disregarding the effect of this Division in relation to other provisions of this Act.
Provisions not covered by this Division overlap with other provisions of the Act.
(2) Provisions of this Act that are not covered by this Division...
Provisions not covered by this Division are classified as part of the Act.
Obligation to interpret provisions not covered by this Division disregarding the effect of this Division.
Provisions not covered by this Division diffuse into other provisions of the Act.
Provisions not covered by this Division are recurrently related to other provisions of the Act.
789BA(3) Provisions covered by this Division
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.402
789BB TCF contract outworkers taken to be employees in certain
TCF contract outworker is taken to be an employee in certain circumstances.
789BB(1) TCF contract outworkers taken to be employees in certain
TCF contract outworker is an employee under certain conditions.
789BB(2) TCF contract outworkers taken to be employees in certain
Outwork performed by TCF contract outworker occurs during employment.
Temporal relationship between employment and outwork
(2) A TCF contract outworker is a TCF outworker who performs work other than as an employee.
789BB(3) TCF contract outworkers taken to be employees in certain
Outworker has same rights and obligations as an employee
789BB(4) TCF contract outworkers taken to be employees in certain
This section has effect subject to regulations made for the purposes of section 789BC.
789BB(5) TCF contract outworkers taken to be employees in certain
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.403
789BC Regulations relating to TCF outworkers who are taken to be
Regulations may provide specified modifications to provisions covered by this Division for deemed employees and deemed employers.
789BC(1) Regulations relating to TCF outworkers who are taken to be
Regulations may provide differently for different provisions or situations.
789BC(2) Regulations relating to TCF outworkers who are taken to be
Regulations cannot modify provisions that create an offence or impose a duty that constitutes an offence.
789BC(3) Regulations relating to TCF outworkers who are taken to be
Prohibition of modifying provisions that create an offence or impose a duty.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.404
789CA When this Division applies
Responsible person must pay unpaid amount to outworker or another person for the benefit of the outworker.
789CA(1) When this Division applies
Responsible person must pay unpaid amount.
Amounts payable by way of remuneration or commission, leave, contributions to a superannuation fund, and reimbursement for expenses incurred.
789CA(2) When this Division applies
The unpaid amount relates to the TCF work during a period.
(2) Without limiting paragraph (1)(b), the unpaid amount may...
The unpaid amount is an amount payable by way of remuneration or commission.
The unpaid amount is everywhere in the TCF work.
A person is an indirectly responsible entity in relation to the TCF work if certain conditions are met.
789CA(3) When this Division applies
Entity is indirectly responsible for part of TCF work if subsection (3) is satisfied.
789CA(4) When this Division applies
Part of TCF work has temporal relation to subsection (3).
(4) If subsection (3) is satisfied in relation to a Commonwealth outworker entity and part only of the TCF work:
Unpaid amount is attributed to part of TCF work.
The unpaid amount is so much only of the amount referred to in paragraph (1)(b) as is attributable to that part of the TCF work.
Entity is classified as indirectly responsible.
The entity is an indirectly responsible entity in relation to that part of the TCF work.
Division applies under certain conditions
789CA(5) When this Division applies
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.406
789CB Liability of indirectly responsible entity for unpaid amount
Each indirectly responsible entity is liable to pay the unpaid amount.
789CB(1) Liability of indirectly responsible entity for unpaid amount
(1) Each indirectly responsible entity (or the indirectly responsible entity, if there is only one) is liable to pay the unpaid amount.
Entities are jointly and severally liable for payment.
789CB(3) Liability of indirectly responsible entity for unpaid amount
...those entities are jointly and severally liable for the payment of the unpaid amount.
(3) If there are 2 or more indirectly responsible entities...
Responsible person still liable for unpaid amount despite section's effect on indirectly responsible entity.
789CB(4) Liability of indirectly responsible entity for unpaid amount
The responsible person is still liable for the unpaid amount.
Section does not affect liability of responsible person.
This section does not affect the liability of the responsible person to pay the unpaid amount.
The section's effect on the indirectly responsible entity is limited.
Section's effect on indirectly responsible entity is limited.
Subject to subsection 789CE(1A), this section does not affect the liability of the responsible person to pay the unpaid amount.
The section cannot be used to exempt the indirectly responsible entity from liability.
Section cannot be used to exempt indirectly responsible entities from liability.
The section allows for a limited exemption of the indirectly responsible entity from liability.
Section allows for limited exemption of indirectly responsible entities from liability.
The section creates a right in the responsible person to receive payment.
Section creates a right in the responsible person to receive payment.
789CC Demand for payment from an apparent indirectly
Demand for payment from an apparent indirectly responsible entity
789CC(1) Demand for payment from an apparent indirectly
An entity is an apparent indirectly responsible entity in relation to the TCF work if the TCF outworker reasonably believes that the entity is an indirectly responsible entity in relation to the TCF work.
789CC(2) Demand for payment from an apparent indirectly
entity is an apparent indirectly responsible entity
Demand must specify amount, responsible person, and particulars of TCF work.
789CC(3) Demand for payment from an apparent indirectly
Minimum time for demand before payment is due
789CC(4) Demand for payment from an apparent indirectly
must not be less than 14 days after the demand is given to the entity.
Time must be at least 14 days after demand
(4) The time specified for the purpose of paragraph (3)(c)
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.407
789CD Court order for entity to pay amount demanded
Entity must pay amount demanded if not paid by specified time.
789CD(1) Court order for entity to pay amount demanded
(1) If: (a) in accordance with section 789CC, an apparent indirectly responsible entity has been given a demand for payment of a specified amount; and (b) the amount has not been paid in full by the time specified in the demand; a person or organisation specified in subsection (2) (the applicant) may commence proceedings for an order requiring the entity to pay the specified amount.
789CD(2) Court order for entity to pay amount demanded
Temporal relation between commencement and payment
Court order for entity to pay amount demanded
789CD(3) Court order for entity to pay amount demanded
...the proceedings may be commenced at any time.
Specifies the temporal intervals for commencement of proceedings
(a) the Federal Court; or (b) the Federal Circuit and Family Court of Australia (Division 2); or (c) an eligible State or Territory court.
...the entity is recognized as a party to the proceedings.
Specifies the recognition of entities for commencement of proceedings
...the entity must pay the amount demanded.
Imposes a duty on the State to pay an amount demanded
...the information is diffused to all relevant parties.
Specifies the diffusion of information about commencement of proceedings
...the proceedings may be commenced repeatedly.
Specifies the recurring trace for commencement of proceedings
Court order requiring entity to pay amount demanded
789CD(4) Court order for entity to pay amount demanded
Court must not make order if entity is not liable under section 789CB
789CD(5) Court order for entity to pay amount demanded
Court order and entity's liability under section 789CB overlap in time
Court cannot make order if entity is not liable
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.408
789CE Effect of payment by entity (including entity’s right to
Entity's right to payment in discharge of liability
789CE(1) Effect of payment by entity (including entity’s right to
Entity pays amount in discharge of liability
Entity's right to recover an equivalent amount from the responsible person
789CE(1A) Effect of payment by entity (including entity’s right to
Entity may recover from responsible person an amount equal to the sum of the amount paid and any interest paid.
789CE(2) Effect of payment by entity (including entity’s right to
Entity has an obligation to recover from responsible person.
789CE(3) Effect of payment by entity (including entity’s right to
Entity may commence proceedings against responsible person for payment.
789CE(4) Effect of payment by entity (including entity’s right to
Entity has the right to commence proceedings.
Court may order responsible person to pay entity recoverable amount.
789CE(5) Effect of payment by entity (including entity’s right to
...if the court is satisfied that: ...the recoverable amount (or so much of it as is still owing)...
Recoverable amount owed between entity and responsible person.
(5) The court may make an order requiring the responsible person...
...if the court is satisfied that: ...the entity has not otherwise recovered the recoverable amount in full from the responsible person.
Entity recognized as having right to payment.
...pay the entity the recoverable amount (or so much of it as is still owing)...
Payment obligation diffused to responsible person.
Recoverable amount owed in ordered sequence.
789CE(6) Effect of payment by entity (including entity’s right to
Court must include interest in sum ordered.
Court must consider period between payment and order date when determining interest amount.
789CE(7) Effect of payment by entity (including entity’s right to
No proceedings can be commenced more than 6 years after payment.
789CE(8) Effect of payment by entity (including entity’s right to
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.409
Nothing in this Division limits any other liability or right
789CF Division does not limit other liabilities or rights
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.411
Regulations may prescribe a code dealing with standards of conduct and practice.
789DA Regulations may provide for a code
789DB Matters that may be dealt with in TCF outwork code
Matters that may be dealt with in TCF outwork code
789DB(1) Matters that may be dealt with in TCF outwork code
Temporal interval during which matters that may be dealt with in TCF outwork code apply
(1) The matters that may be dealt with in the TCF outwork code include...
List of matters that may be dealt with in TCF outwork code
TCF outwork code must not specify wages or entitlements.
789DB(2) Matters that may be dealt with in TCF outwork code
TCF outwork code does not specify wages or entitlements during its implementation.
(2) The TCF outwork code must not specify wages or other entitlements for TCF outworkers.
Prohibition of specifying wages or entitlements.
TCF outwork code does not diffuse specifying wages or entitlements during its implementation.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.412
789DC Persons on whom obligations may be imposed by TCF
Only impose obligations on a person if certain conditions apply.
789DC(1) Persons on whom obligations may be imposed by TCF
The TCF outwork code may only impose obligations on a person if one or more of subsections (2) to (5) applies to the person.
The TCF outwork code may impose obligations on a person.
National system employers that employ TCF outworkers are subject to obligations.
789DC(2) Persons on whom obligations may be imposed by TCF
Person is a national system employer that employs TCF outworkers.
Person subject to obligation if arranges for TCF work performed by outworkers
789DC(3) Persons on whom obligations may be imposed by TCF
Person arranges for TCF work performed by outworkers
Person subject to obligations if they arrange for TCF work to be performed by outworkers or of a kind often performed by them.
789DC(4) Persons on whom obligations may be imposed by TCF
The person's arrangement for TCF work occurs during a specific period of time.
Temporal interval: Person arranges for TCF work during a period of time
(a) the person arranges for TCF work to be performed; and (b) the work is to be performed indirectly...
The person is subject to obligations if they arrange for TCF work to be performed by outworkers or of a kind often performed by them.
Conditional obligation based on arrangement for TCF work
The person's indirect performance of the work by outworkers imposes obligations.
Conditional obligation based on type of work performed
(b) the work is to be performed indirectly...
The person's indirect performance of the work by a Commonwealth outworker entity or a constitutional corporation imposes obligations.
Conditional obligation based on type of entity performing the work
(c) the work is to be performed indirectly: (i) for another person, being a Commonwealth outworker entity; and (ii) if that Commonwealth outworker entity is a constitutional corporation...
The person's arrangement for TCF work and the indirect performance of the work by outworkers form a recurring trace.
Recurring trace: Person arranges for TCF work and the work is performed indirectly by outworkers
Person subject to obligation if constitutional corporation sells goods produced by TCF work.
789DC(5) Persons on whom obligations may be imposed by TCF
Temporal interval: Person subject to obligation while selling goods produced by TCF work
Person is a constitutional corporation that sells goods produced by TCF work.
Rational basis for obligation: Person is a constitutional corporation that sells goods produced by TCF work
Obligation diffuses from State to Person
Limitations on obligations imposed by TCF outwork code
789DC(6) Persons on whom obligations may be imposed by TCF
obligations relating to the person's employment of TCF outworkers
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.413
789DD Other general matters relating to content of TCF outwork
TCF outwork code applies to persons and TCF work
789DD(1) Other general matters relating to content of TCF outwork
Class of person or TCF work may be identified by reference to a particular sector
Provides for different classes of persons covered by section 789DC
789DD(2) Other general matters relating to content of TCF outwork
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.414
789DE Relationship between the TCF outwork code and other
A TCF award prevails over the TCF outwork code.
789DE(1) Relationship between the TCF outwork code and other
Precedence of TCF awards over the TCF outwork code.
The TCF outwork code prevails over other codes in case of inconsistency.
789DE(2) Relationship between the TCF outwork code and other
The TCF outwork code may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.
789DE(3) Relationship between the TCF outwork code and other
Permission to make provision in relation to a matter.
List of instruments that can be referenced by the TCF outwork code
789DE(4) Relationship between the TCF outwork code and other
The TCF outwork code cannot make provision by reference to certain documents.
789DE(5) Relationship between the TCF outwork code and other
Defines a temporal interval for when provision cannot be made by reference.
(5) The TCF outwork code cannot make provision as mentioned in subsection (3)
Classifies documents that cannot be made provision by reference using artificial intelligence.
Prohibits making provision by reference to certain documents.
Diffuses information about documents that cannot be made provision by reference.
Defines a recurring trace for when provision cannot be made by reference.
Subsections (3) and (4) have effect despite subsection 14(2) of the Legislation Act 2003.
789DE(6) Relationship between the TCF outwork code and other
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.416
789EA Part not intended to exclude or limit State or Territory laws
Part not intended to exclude or limit State or Territory laws
789EA(1) Part not intended to exclude or limit State or Territory laws
...to the extent that the law (or instrument) relates to outworkers and is capable of operating concurrently with this Part.
Temporal overlap between State laws and this Part
(1) This Part is not intended to exclude or limit the operation of a law of a State or Territory...
Reference to regulations made for this Part
789EA(2) Part not intended to exclude or limit State or Territory laws
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.417
Worker can apply for order to stop bullying.
789FA Guide to this Part
789FB Meanings of employee and employer
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.418
789FC Application for an FWC order to stop bullying
Worker may apply for FWC order to stop bullying
789FC(1) Application for an FWC order to stop bullying
Defines worker for Work Health and Safety Act 2011 purposes
789FC(2) Application for an FWC order to stop bullying
Must provide fee prescribed by regulations with application.
789FC(3) Application for an FWC order to stop bullying
(a) a fee, (b) a method for indexing the fee, and (c) circumstances for fee waiver or refund
Fee for application to FWC under section
789FC(4) Application for an FWC order to stop bullying
Imposes an obligation on the FWC to prescribe a fee
Permits the FWC to waive or refund the fee under certain circumstances
(c) the circumstances in which all or part of the fee may be waived or refunded
Requires the FWC to prescribe a method for indexing the fee
789FD When is a worker bullied at work?
A worker is bullied at work if an individual or group repeatedly behaves unreasonably towards the worker.
789FD(1) When is a worker bullied at work?
Repeated behavior creates risk to health and safety
and that behaviour creates a risk to health and safety.
No bullying by reasonable management action
789FD(2) When is a worker bullied at work?
(2) To avoid doubt, subsection (1) does not apply to reasonable management action carried out in a reasonable manner.
Permission for reasonable management action
Undertaking for reasonable management action
Business or undertaking is constitutionally-covered if it meets certain conditions.
789FD(3) When is a worker bullied at work?
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.419
789FE FWC to deal with applications promptly
FWC must deal with applications within 14 days
789FE(1) FWC to deal with applications promptly
FWC may dismiss application under section 789FC if it relates to certain matters.
789FE(2) FWC to deal with applications promptly
...or (b) Australia’s national security;
Overlap between matters related to Australia's defence and covert operations
(a) Australia’s defence; or (c) an existing or future covert operation;
Recognition of matters related to Australia's defence and covert operations
...if the FWC considers that the application might involve matters that relate to...
Prohibition of dismissing applications under section 789FC
(2) However, the FWC may dismiss an application...
Diffusion of matters related to Australia's defence and covert operations
Recurring trace of matters related to Australia's defence and covert operations
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.420
789FF FWC may make orders to stop bullying
FWC may make orders to stop bullying at work.
789FF(1) FWC may make orders to stop bullying
FWC must consider certain outcomes and procedures when making an order.
789FF(2) FWC may make orders to stop bullying
Consideration of outcomes and procedures is a duty.
Must not contravene a term of the order.
789FG Contravening an order to stop bullying
Contravening an order term is prohibited.
Prohibition on contravention of order terms
Exempts application under section 789FC from prohibition by Work Health and Safety Act 2011.
789FH Actions under work health and safety laws permitted
Section 789FC does not apply to section 115 of the Work Health and Safety Act 2011
Section 115 of the Work Health and Safety Act 2011 overlaps with section 789FC
Section 115 of the Work Health and Safety Act 2011
Section 789FI is included in Miscellaneous Chapter 6 using knowledge graph
Includes section 789FI in Miscellaneous Chapter 6 using knowledge graph
Corresponding provisions of corresponding WHS laws
Removes prohibition by Work Health and Safety Act 2011.
Section 789FC is a recurring trace for section 115 of the Work Health and Safety Act 2011
Section 789FC is valid according to SHACL
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.421
789FI This Part is not to prejudice Australia’s defence, national
if the taking of the action, or the refraining from taking the action, would be, or could reasonably be expected to be, prejudicial to:
Prohibits taking or refraining from action that may be prejudicial to specified interests
Nothing in this Part requires or permits a person to take, or to refrain from taking, any action
789FJ Declarations by the Chief of the Defence Force
The Chief of the Defence Force may declare exemptions from certain provisions.
789FJ(1) Declarations by the Chief of the Defence Force
(1) Without limiting section 789FI, the Chief of the Defence Force may, by legislative instrument, declare that all or specified provisions of this Part do not apply in relation to a specified activity.
Approval required for declaration under subsection (1)
789FJ(2) Declarations by the Chief of the Defence Force
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.422
789FK Declarations by the Director-General of Security
The Director-General may declare exemptions from certain provisions.
789FK(1) Declarations by the Director-General of Security
789FK(2) Declarations by the Director-General of Security
789FL Declarations by the Director-General of ASIS
Exempts work for the Director-General from certain provisions.
789FL(1) Declarations by the Director-General of ASIS
789FL(2) Declarations by the Director-General of ASIS
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.423
789GC Definitions
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.428
789GR Service
Counts jobkeeper enabling direction as service for employees.
789GR(1) Service
(period overlaps with jobkeeper enabling direction during a period)
Period overlaps with jobkeeper enabling direction.
(jobkeeper enabling direction during a period) & (employee subject to jobkeeper enabling direction during a period)
(employee subject to jobkeeper enabling direction during a period) -> (period counts as service)
(jobkeeper enabling direction during a period) -> (period counts as service)
Section 22 has effect in addition to subsection (1)
789GR(2) Service
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.429
789GS Accrual rules
Employee accrues leave entitlements if jobkeeper enabling direction applies
789GS(1) Accrual rules
Employee accrues leave entitlements during the jobkeeper enabling direction period
(jobkeeper enabling stand down) or (repealed section 789GDC)
If a jobkeeper enabling direction applies, then employee accrues leave entitlements
Calculate redundancy pay and payment in lieu of notice as if the direction had not been given.
789GS(2) Accrual rules
Obligation to calculate redundancy pay and payment in lieu of notice.
(2) If a jobkeeper enabling direction...
Accrual of leave entitlements if agreement under repealed subsection 789GJ(2) is taken
789GS(3) Accrual rules
Accrues leave entitlements as if the agreement had not been made
Temporal interval for accrual of leave entitlements
Employee takes paid annual leave in accordance with an agreement under repealed subsection 789GJ(2)
Cognitive AI logic for accrual of leave entitlements
Diffusion logic for accrual of leave entitlements
Temporal logic for accrual of leave entitlements
Employee's redundancy pay and payment in lieu of notice of termination are recalculated if they took paid annual leave under a repealed agreement.
789GS(4) Accrual rules
...the following are to be calculated as if the agreement had not been made:
Paid annual leave is a temporal interval that affects employee's entitlements
(4) If an employee takes paid annual leave in accordance with an agreement...
CogAI analyzes the impact of repealed agreements on employee entitlements
Repealed agreement affects employee's entitlements
(4) If an employee takes paid annual leave in accordance with an agreement under repealed subsection 789GJ(2), the following are to be calculated...
Repealed agreement diffuses its effects on employee's entitlements
Paid annual leave is a recurring trace that affects employee's entitlements
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.430
789GV FWC may deal with a dispute about the operation of this
The FWC may deal with a dispute about the operation of this Part.
789GV(1) FWC may deal with a dispute about the operation of this
FWC may deal with a dispute by arbitration.
789GV(2) FWC may deal with a dispute about the operation of this
FWC may deal with a dispute only on application by specified parties.
789GV(3) FWC may deal with a dispute about the operation of this
Restricts FWC's discretion to deal with disputes.
FWC may make orders regarding jobkeeper enabling directions.
789GV(4) FWC may deal with a dispute about the operation of this
FWC cannot make an order after March 29, 2021.
789GV(5) FWC may deal with a dispute about the operation of this
Ceases to have effect at the start of 29 March 2021.
789GV(6) FWC may deal with a dispute about the operation of this
Requires a relation between identifiable temporal intervals
(6) An order made by the FWC under paragraph (4)(a) ceases to have effect at the start of 29 March 2021.
FWC must consider fairness between parties in dispute resolution.
789GV(7) FWC may deal with a dispute about the operation of this
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.431
Prohibition on contravening an FWC order dealing with a dispute about the operation of this Part.
789GW Contravening an FWC order dealing with a dispute about
Prohibition on contravening an FWC order.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.435
Workplace rights include benefits from employer obligations, flexible work arrangements, and paid annual leave.
789GY Protection of workplace rights
Agreeing to take paid annual leave at different times
Paid annual leave can occur at different times.
Employer obligations create rights for employees.
Employer obligations can diffuse to employees.
Agreeing to perform duties on different days
Flexible work arrangements can occur on different days.
789GZ Relationship with other laws etc.
Relies on Commonwealth's legislative powers under paragraph 51(xxix) (external affairs) of the Constitution.
789HA Constitutional basis of this Division
Obligation to give effect to Australia's obligations
Relies on Commonwealth's legislative powers
789HB Extension of anti-discrimination rules
Applicable anti-discrimination rules for breastfeeding, gender identity, or intersex status.
789HB(1) Extension of anti-discrimination rules
Subsection (3) applies during the operation of the provisions identified in subsection (2).
Applicable during operation of provisions
(3) applies for the purposes of the operation of the provisions identified in subsection (2)
The provisions identified in subsection (2) are for the purpose of applying subsection (3).
For the purposes of the operation of provisions
Subsection (3) applies for the purposes of the operation of the provisions identified in subsection (2) in relation to breastfeeding, gender identity or intersex status.
The operation of the provisions identified in subsection (2) is for the purpose of applying subsection (3).
Subsection (3) is applicable during the operation of the provisions identified in subsection (2).
789HB(2) Extension of anti-discrimination rules
789HC Constitutional basis of this Division
789HD Extension of anti-discrimination rules
Applicable for the purposes of operation of provisions in relation to family and domestic violence.
789HD(1) Extension of anti-discrimination rules
Subsection (3) relates to family and domestic violence.
Establishes a relation between temporal intervals.
(1) Subsection (3) applies for the purposes of the operation of the provisions identified in subsection (2)
Applicability is justified by the context.
Justifies applicability based on context.
Applicability is recognized by semantic analysis.
Recognizes applicability based on semantic analysis.
Subsection (3) is applicable for the purposes of the operation of the provisions identified in subsection (2).
Applicability is diffused to other provisions.
Diffuses applicability to related provisions.
789HD(2) Extension of anti-discrimination rules
Assume that certain matters are not excluded subjects for the purposes of specific laws and divisions.
789HD(3) Extension of anti-discrimination rules
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.447
790 Guide to this Part
791 Meanings of employee and employer
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.448
792 Delegation by Minister
Delegation of minister's functions or powers
792(1) Delegation by Minister
Delegation by Minister must comply with directions
792(2) Delegation by Minister
793 Liability of bodies corporate
793(1) Liability of bodies corporate
Any conduct engaged in on behalf of the body corporate is taken to have been engaged in also by the body.
The body corporate has a duty to ensure its officials act within their authority.
Establishing state of mind of a body corporate
793(2) Liability of bodies corporate
(a) that the conduct was engaged in by a person referred to in paragraph (1)(a) or (b); and (b) that the person had that state of mind.
Establishing state of mind during conduct
Establishs the state of mind of a body corporate
Knowledge and reasons for intention, opinion, belief or purpose are part of a person's state of mind.
793(3) Liability of bodies corporate
Includes knowledge and reasons for intention, opinion, belief or purpose.
Disapplication of Part 2.5 of the Criminal Code for certain offences
793(3A) Liability of bodies corporate
Disapplication of Part 2.5 of the Criminal Code
Exclude subsections from Part 2.5 Criminal Code
Combine exclusion with subclass relations
Exempts certain offences from Part 2.5 of Chapter 2 of the Criminal Code.
793(4) Liability of bodies corporate
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.449
Document may be signed on behalf of a body corporate by an authorised officer.
794 Signature on behalf of body corporate
Permission to sign documents on behalf of a body corporate.
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.450
794A Liability of Australian governments under civil remedy
Liability of Australian governments under civil remedy
794A(1) Liability of Australian governments under civil remedy
Imposes obligation on Australian governments
794A(2) Liability of Australian governments under civil remedy
(2) Each of the following is an Australian government:
Government liable for conduct of officials within apparent authority
794A(3) Liability of Australian governments under civil remedy
Imposes obligation on government for conduct of officials
Establishing state of mind of an Australian government in relation to conduct
794A(4) Liability of Australian governments under civil remedy
The conduct occurred during the time when the official had the established state of mind.
Establishes temporal relationship between conduct and state of mind
(a) that the conduct was engaged in by an official of the government; and (b) that the official had that state of mind.
The Australian government is obligated to establish the state of mind of its officials in relation to particular conduct.
The Australian government is obligated to determine penalty amounts based on its established state of mind.
Establishes obligation to determine penalty amounts
(4) If, for the purposes of this Act or the procedural rules, it is necessary to establish the state of mind of an Australian government in relation to particular conduct.
The Australian government is obligated to provide information on penalty amounts based on its established state of mind.
Establishes obligation to provide information on penalty amounts
Pecuniary penalty for contravening a civil remedy provision
794A(5) Liability of Australian governments under civil remedy
the pecuniary penalty that government may be ordered to pay under a pecuniary penalty order is the penalty applicable to a body corporate.
(5) If an Australian government contravenes a civil remedy provision,
794A(6) Liability of Australian governments under civil remedy
Imposes obligation on Australian government
Definition of employee for liability purposes
794A(7) Liability of Australian governments under civil remedy
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.451
794B Liability of the Commonwealth for certain offences
Liability of the Commonwealth for certain offences
794B(1) Liability of the Commonwealth for certain offences
794B(2) Liability of the Commonwealth for certain offences
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.453
794C Responsible agencies for Australian governments
Specify responsible agency for proceedings against Australian government or Commonwealth
794C(1) Responsible agencies for Australian governments
Responsible agency has procedural rights and obligations in proceedings.
794C(2) Responsible agencies for Australian governments
Permit person to change responsible agency during proceedings.
794C(3) Responsible agencies for Australian governments
(3) With the court’s leave, the following person may change...
Identifies responsible agency for Australian governments
794C(4) Responsible agencies for Australian governments
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.454
794D Liability of the Commonwealth to pay civil and criminal
Liability of the Commonwealth to pay civil and criminal penalties
794D(1) Liability of the Commonwealth to pay civil and criminal
Commonwealth is obligated to pay civil and criminal penalties
Notional liability of Commonwealth to pay pecuniary penalty
794D(2) Liability of the Commonwealth to pay civil and criminal
Expresses intention of Commonwealth to be liable
The Finance Minister may give written directions for carrying out or giving effect to subsection (2)
794D(3) Liability of the Commonwealth to pay civil and criminal
Permission granted by the Finance Minister
Directions must be complied with despite other Commonwealth law.
794D(4) Liability of the Commonwealth to pay civil and criminal
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.455
795 Public sector employer to act through employing authority
Employer must act through employing authority on behalf of the employer.
795(1) Public sector employer to act through employing authority
Employer must act through employing authority.
Anything done by or to a public sector employee's employing authority is taken to have been done by the employer.
795(2) Public sector employer to act through employing authority
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.457
795A The Schedules
796 Regulations—general
796(1) Regulations—general
Regulations made under this Act prevail over procedural rules.
796(2) Regulations—general
Regulations made under this Act are in effect during the duration of procedural rules.
(2) Regulations made under this Act prevail over procedural rules made under this Act, to the extent of any inconsistency.
Regulations made under this Act influence procedural rules.
Regulations made under this Act diffuse their effect to procedural rules.
Regulations made under this Act imply that they prevail over procedural rules.
Regulations may confer functions on FWC and General Manager.
796A Regulations conferring functions
797 Regulations dealing with offences
The regulations may provide for offences against the regulations.
797(1) Regulations dealing with offences
797(2) Regulations dealing with offences
prepared-by-the-office-of-parliamentary-counsel-canberra-fair-work-act-2009.pdf, p.458
798 Regulations dealing with civil penalties
Regulations may provide for civil penalties for contravention of the regulations.
798(1) Regulations dealing with civil penalties
798(2) Regulations dealing with civil penalties
(2) The penalties for contravention must not be more than:
799 Regulations dealing with infringement notices
Alternative to prosecution for alleged offenders
799(1) Regulations dealing with infringement notices
Allows Commonwealth to permit alternative to prosecution
Maximum penalty for infringement notices must not exceed one-fifth of the maximum prescribed by regulations.
799(2) Regulations dealing with infringement notices
The temporal interval for calculating the maximum penalty is one-fifth of the maximum prescribed by regulations.
Temporal interval for maximum penalty calculation defined as one-fifth of the maximum prescribed by regulations.
(2) The penalty must not exceed one-fifth of the maximum penalty prescribed by the regulations for that offence.
The maximum penalty calculation involves a cognitive process with one-fifth of the maximum prescribed by regulations.
Maximum penalty calculation defined as a cognitive process involving one-fifth of the maximum prescribed by regulations.
The penalty must not exceed one-fifth of the maximum penalty prescribed by the regulations.
Maximum penalty must not exceed one-fifth of the maximum prescribed by regulations.
The maximum penalty for infringement notices is a diffusion from the maximum prescribed by regulations.
Maximum penalty for infringement notices defined as a diffusion from the maximum prescribed by regulations.
Regulations may provide for exhibiting fair work instruments on employer premises.
800 Regulations dealing with exhibiting fair work instruments
Prepared by the Office of Parliamentary Counsel, Canberra Fair Work Act 2009