Fair Work Act 2009
2 April 2026
Compilation information and notes on amendments, applications, and modifications.
Classifies the compilation into volumes.
Includes endnotes with information on amending laws.
Endnotes include information about amending laws and amendment history.
Details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.
Provides for presentational changes to a compilation.
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes.
Presentational changes are applied to give a more consistent look and feel to legislation published on the Register.
Includes information on modifications affecting the law.
Any modifications affecting the law are accessible on the Register.
The compiled law operates as modified but the modification does not amend the text of the law.
1 Definitions
2 Section 789BB of amended Act applies to contracts entered into
Section applies to contracts entered into after commencement
3 Effect on TCF contract outworker’s entitlements
3(1) Effect on TCF contract outworker’s entitlements
Entitlements accrued before commencement unaffected by amendments.
Obligation to maintain accrued entitlements.
3(2) Effect on TCF contract outworker’s entitlements
Outworker's entitlements under TCF contract
Requires application of National Employment Standards
(a) a term of a modern award requires the principal of a TCF contract outworker to apply the National Employment Standards...
...the outworker as if the outworker were an employee;
Outworker is taken to be an employee of the principal
(b) because of Division 2 of Part 6-4A of the amended Act, the outworker is taken to be...
Relation between commencement and effect on TCF contract outworker's entitlements
Ordered trace of TCF contract outworker's entitlements
Diffusion of information about TCF contract outworker's entitlements
4 Fair work instruments etc. made before commencement
4(1) Fair work instruments etc. made before commencement
Applicability of the clause to fair work instruments made before commencement
(1) This clause applies in relation to: Application, saving and transitional provisions relating to amendments of this Act
(1) This clause applies in relation to: Application, saving and transitional provisions relating to amendments of this Act Schedule 1 Amendments made by the Fair Work Amendment (Textile, Clothing and Footwear Industry) Act 2012 Part 1 Clause 5
4(2) Fair work instruments etc. made before commencement
Deemed employee or employer references must be clarified after commencement.
4(3) Fair work instruments etc. made before commencement
(3) This clause is not to be taken to confer a power to vary the instrument.
5 Application of Division 3 of Part 6-4A of amended Act
Entity is not indirectly responsible if arrangement was entered into before commencement.
6 Application of subsection 203(2A) of amended Act
Application of subsection 203(2A) of amended Act to enterprise agreements made after commencement.
The provision applies to the specified entities.
7 Regulations dealing with various matters
7(1) Regulations dealing with various matters
Regulations may make provisions dealing with matters of an application, saving or transitional nature relating to the amendments made by the amending Act.
7(2) Regulations dealing with various matters
Provisions of this Part have effect subject to any regulations made for the purpose of subclause (1).
8 Definitions
Defines amended Act as this Act with amendments from the Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012.
namended Act means this Act as amended by...
Defines temporal interval for amendments
...as amended by the Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012.
9 Application of sections 149A and 155A of amended Act
Sections 149A and 155A apply to modern awards made on or after 1 January 2014.
10 FWC to vary certain modern awards
10(1) FWC to vary certain modern awards
Modern award variation clause applies to awards made before 2014 and in operation on that day.
(a) is made before 1 January 2014; and (b) is in operation on that day;
Temporal relation between award and amendment
10(2) FWC to vary certain modern awards
FWC must determine varying the modern award by 31 December 2013.
10(3) FWC to vary certain modern awards
Determination takes effect from January 1, 2014
10(4) FWC to vary certain modern awards
Section 168 applies to a determination made under subclause (2) as if it were a determination made under Part 2-3.
11 FWC to update text of certain modern awards
11(1) FWC to update text of certain modern awards
Modern award must include a term specifying a non-complying fund or scheme.
11(2) FWC to update text of certain modern awards
FWC must ensure text of modern award does not include non-complying fund or scheme.
Ensure text does not include non-complying fund or scheme.
11(3) FWC to update text of certain modern awards
FWC must update text of certain modern awards by 1 January 2014.
12 Application of paragraph 194(h) of amended Act
Application of paragraph 194(h) of amended Act to enterprise agreements approved by FWC on or after
1 January 2014.
Application, saving and transitional provisions relating to amendments of this Act
13 Definitions
14 Application of amendments—objectionable emergency
14(1) Application of amendments—objectionable emergency
Enterprise agreements and workplace determinations made before or after commencement are subject to the amended Act.
14(2) Application of amendments—objectionable emergency
Application of amendments—objectionable emergency
Applying amended Act sections to matters before FWC
(2) Sections 254A and 281AA of the amended Act apply...
...in relation to a matter that is before the FWC on or after commencement
Temporal relationship between matters and commencement
Preservation of terms through enterprise agreements
Enterprise agreements approved before commencement—preservation of terms in accordance with amended Act
Applying preservation of terms to enterprise agreements
14(3) Application of amendments—objectionable emergency
Term of agreement has effect after commencement to the extent that it can have effect in accordance with the amended Act.
(3) If an enterprise agreement approved before commencement includes an objectionable emergency management term, a term of the agreement has effect after commencement to the extent that:
Term is classified as 'objectionable emergency management term'.
2017 Part 4
15 Definitions
Defines amended Act as this Act with amendments from the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017.
Classifies the amended Act as a specific type of legislation.
This section defines the term 'amended Act'.
The amended Act is defined as this Act with amendments from the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017.
16 Application of amendments—unreasonable requirements to
17 Saving of regulations—unreasonable deductions
Preserves regulations in force before commencement
Regulations in force during the commencement period
18 Application of amendments—increasing maximum penalties for
18(1) Application of amendments—increasing maximum penalties for
Application of amendments—increasing maximum penalties for
Applicable to conduct engaged in on or after commencement of Part
(1) Sections 539, 557A and 557B of the amended Act apply
in relation to conduct engaged in on or after commencement of this Part
Temporal interval applies to commencement of Part
(1) Sections 539, 557A and 557B of the amended Act apply in relation to conduct engaged in on or after the commencement of this Part
Applicable to increasing maximum penalties for
Applicable to sections of the amended Act
18(2) Application of amendments—increasing maximum penalties for
Increasing maximum penalties for conduct engaged in before and after commencement
19 Application of amendments—responsibility of responsible
19(1) Application of amendments—responsibility of responsible
Responsibility for contraventions of civil remedy provisions after commencement.
Obligation to comply with civil remedy provisions.
19(2) Application of amendments—responsibility of responsible
Court may consider conduct before end of period for knowledge determination
20 Application of amendments—hindering or obstructing the Fair
Application of amendments—hindering or obstructing the Fair Work Ombudsman and inspectors etc.
21 Application of power to give FWO notices
Application of power to give FWO notices
22 Application of amendments relating to self-incrimination etc.
Section 713 of the amended Act applies in relation to information given, records or documents produced or questions answered after the commencement of this Part.
Requires relation between identifiable temporal intervals
23 Application of requirement for reports not to include information
Application of requirement for reports not to include information
24 Application of amendments—false or misleading information or
Application of amendments—false or misleading information or documents
24A Application of amendments—presumption where records not
25 Definitions
26 Incomplete review of modern award
26(1) Incomplete review of modern award
Review of modern award must be completed before Schedule 1 commencement day.
...the review of the modern award had not been completed.
(1) This clause applies in relation to a review of a modern award...
26(2) Incomplete review of modern award
Provisions continue to apply despite repeal.
26(3) Incomplete review of modern award
Continues effect of President's direction despite repeal
Presidential direction continues in force
(3) Despite the repeal of paragraph 582(4)(a)
28 Application of amendments—when employees have genuinely
28(1) Application of amendments—when employees have genuinely
Application of amendments—when employees have genuinely
28(2) Application of amendments—when employees have genuinely
29 Application of section 641B of the amended Act
Section applies in relation to alleged misbehaviour or incapacity of an FWC Member before or after commencement of Schedule 3.
30 Disclosure by organisations and employers
Disclosure by organisations and employers
39 Entitlement to unpaid family and domestic violence leave
39(1) Entitlement to unpaid family and domestic violence leave
Employee entitled to unpaid family and domestic violence leave
(1) Subdivision CA of Division 7 of Part 2-2, as inserted by the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018
(a) starting on that commencement; and (b) ending on the first day after that commencement that is an anniversary of the day the employment started;
12 month period during employment start date to commencement date
12 month period during employment start date to anniversary date
39(2) Entitlement to unpaid family and domestic violence leave
Employee's employment start date is taken to be the start of their first employment with that employer.
40 Resolving uncertainties and difficulties about interaction between
Provides for varying enterprise agreements on application by employer, employee or organisation.
41 Definitions
Defines terms related to Schedule 1 and 2 commencement days.
42 Amendments about stillbirth, death and hospitalisation of
42(1) Amendments about stillbirth, death and hospitalisation of
Applicability of amendments to parental leave entitlements after stillbirth or death
42(2) Amendments about stillbirth, death and hospitalisation of
Applicability of section 78A to children born on or after the commencement day
42(3) Amendments about stillbirth, death and hospitalisation of
Conditional application of amendments to section 84A
43 Amendments about flexible unpaid parental leave
43(1) Amendments about flexible unpaid parental leave
Amendments about flexible unpaid parental leave apply to children born on or after the commencement day.
Describes the deontic effect of the provision
43(2) Amendments about flexible unpaid parental leave
Employee must give notice of flexible unpaid parental leave within a month after commencement day.
43(3) Amendments about flexible unpaid parental leave
Employee must specify number of days of flexible unpaid parental leave
43(4) Amendments about flexible unpaid parental leave
Employee may advise employer of change to leave period end date under certain conditions.
Permission granted by employee to advise employer.
43(5) Amendments about flexible unpaid parental leave
Notice requirements for flexible unpaid parental leave
Notice in accordance with subclauses (2) and (3)
43(6) Amendments about flexible unpaid parental leave
Employee cannot take flexible unpaid parental leave before a certain period.
Prohibits taking flexible unpaid parental leave before a certain period.
(6) The employee cannot take flexible unpaid parental leave...
Defines the temporal interval for taking flexible unpaid parental leave.
...before the end of 4 weeks starting on the day the notice under subclause (2) is given,
Defines a recurring trace for taking flexible unpaid parental leave.
Recognizes the entity (employee) affected by the provision.
44 Definitions
Definitions for amended Act and commencement
45 Resolving uncertainties and difficulties about interaction between
45(1) Resolving uncertainties and difficulties about interaction between
Employer, employee or employee organisation can apply for a determination to vary an enterprise agreement.
Employer, employee or employee organisation can apply for a determination.
45(2) Resolving uncertainties and difficulties about interaction between
Variation of enterprise agreement commences on specified day
46 Application of certain amendments
46(1) Application of certain amendments
Section 15A of the amended Act applies on and after commencement.
46(2) Application of certain amendments
Applicable to persons who are employees of an employer as a result of accepting an offer.
Indicates applicability to a specific group.
(2) Subclause (1) does not apply in relation to a person who is an employee of an employer as a result of accepting an offer that was Schedule 1
Subclause (1) does not apply in relation to this person.
Indicates overlap with another interval.
This subclause overlaps with the applicability of employees of employers.
This subclause diffuses to employees of employers.
This subclause applies to employees of employers.
47 Transitioning casual employees
Employee must be designated as casual employee before commencement.
Requires designation before commencement
Employee must be designated as casual employee
Designation is required before commencement
47A Casual employees of small business employers
47A(1) Casual employees of small business employers
Employer's designation is a condition for employee's casual status
47A(2) Casual employees of small business employers
Division 4A applies to casual employees of small business employers on and after commencement.
Division 4A applies to casual employees of small business employers.
47A(3) Casual employees of small business employers
Employer must provide Casual Employment Information Statement to employee upon commencement.
Employer has a duty to provide the statement.
48 Variations to modern awards
48(1) Variations to modern awards
Review modern award term within 6 months after commencement if it deals with casual employment.
Obligation to review term within 6 months.
(i) defines or describes casual employment;
48(2) Variations to modern awards
Consider certain factors when reviewing modern awards.
48(3) Variations to modern awards
FWC must make a determination varying the modern award to make it consistent or operate effectively with the Act as amended.
48(4) Variations to modern awards
Determination must be made as soon as reasonably practicable after review is conducted.
48(5) Variations to modern awards
Determination takes effect from the start of the day it is made.
Temporal relation between determination and its effect
48(6) Variations to modern awards
49 Orders to stop bullying
49(1) Orders to stop bullying
49(2) Orders to stop bullying
49A Applications for orders to stop sexual harassment
Amendments apply to applications made after a certain period.
50 Orders to stop sexual harassment
Immunity from sexual harassment claims regardless of past incidents.
Regardless of past incidents, the worker is entitled to protection.
Past incidents do not affect entitlement.
The provision overlaps with the commencement date of the clause.
Commencement date is relevant to immunity.
The provision implies that the worker's entitlement to protection is not affected by past incidents.
The provision spreads the worker's entitlement to protection across all relevant dates.
Entitlement is not limited to a specific date.
The provision recognizes the worker's entitlement to protection as a fundamental right.
51 Definitions
Definitions for the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022.
52 Entitlement to paid family and domestic violence leave
52(1) Entitlement to paid family and domestic violence leave
Employee entitlement to paid family and domestic violence leave
Employment starts after commencement of Schedule 1
(employment starts on or after commencement)
52(2) Entitlement to paid family and domestic violence leave
Applicability of amendments to Schedule 1
53 Resolving interactions between enterprise agreements and paid
53(1) Resolving interactions between enterprise agreements and paid
FWC may vary enterprise agreement to make it consistent with NES entitlement.
Agreement must be consistent with NES entitlement
Agreement includes terms entitling employees to paid family and domestic violence leave
Agreement is inconsistent with NES entitlement
FWC's power to vary agreement overlaps with employee's right to claim NES entitlement
53(2) Resolving interactions between enterprise agreements and paid
Employer, employee or organisation may apply for a determination to vary an enterprise agreement.
Employer, employee or organisation may apply.
53(3) Resolving interactions between enterprise agreements and paid
Variation of pre-commencement enterprise agreement operates from specified day
54 Entitlement to extended paid family and domestic violence leave
Entitlement to extended paid family and domestic violence leave
55 Definitions
56 Appeal of decisions of the Registered Organisations
Commissioner's decisions have effect as if including a reference to a decision made under the Registered Organisations Act before Division 2 of Part 1 of that Schedule.
57 Objects of the Act
57(1) Objects of the Act
Application of amended Act sections to FWC functions and powers after commencement
57(2) Objects of the Act
Section 284 of the amended Act applies to annual wage reviews conducted in specific financial years.
relating to an annual wage review conducted in...
Section applies to specific time periods
(a) the financial year beginning on 1 July 2022
58 Equal remuneration
58(1) Equal remuneration
Commences section 157 of the amended Act after commencement.
Relation to temporal interval after commencement.
58(2) Equal remuneration
Applicability of amended Act provisions to FWC functions and powers after commencement
Temporal relation between commencement and applicability
58(3) Equal remuneration
Conditional application of amended Act subsection 302(5) to pending applications.
59 Pay secrecy
59(1) Pay secrecy
Employee contracts entered into after commencement must comply with subsection 333B(1) or (2) of the amended Act.
59(2) Pay secrecy
If an employee's contract of employment is entered into before commencement and includes a term inconsistent with subsection 333B(1) or (2), section 333B applies in relation to the employee after that time.
59(3) Pay secrecy
Section 333C of the amended Act applies after commencement in relation to a fair work instrument made before, on or after commencement.
Commencement is a specific point in time
59(4) Pay secrecy
Contract of employment must comply with subsection 333B(1) or (2)
60 Prohibiting sexual harassment in connection with work
60(1) Prohibiting sexual harassment in connection with work
Prohibits sexual harassment in connection with work
60(2) Prohibiting sexual harassment in connection with work
(2) Despite the repeal of subsection 789FF(1)
(and may be dealt with) on and after that commencement as if that repeal had not happened.
60(3) Prohibiting sexual harassment in connection with work
Exempts sexual harassment before Division 1 of Part 8 of Schedule 1 from subsection 527D(1)
Exempts sexual harassment from subsection 527D(1)
Subsection 527D(1) does not apply in relation to sexual harassment if the harassment is part of a course of conduct that begins before the commencement of Division 1 of Part 8 of Schedule 1
Diffuses the application of subsection 527D(1) to sexual harassment before Division 1 of Part 8 of Schedule 1
Classifies sexual harassment as exempt from subsection 527D(1)
61 Anti-discrimination and special measures
61(1) Anti-discrimination and special measures
Amendments apply on and after commencement.
61(2) Anti-discrimination and special measures
Amendments apply to enterprise agreements made after commencement.
61(3) Anti-discrimination and special measures
Amendment of section 351 applies in relation to adverse action taken on and after commencement.
62 Fixed term contracts
Applicability of section 333E to employment contracts entered into after a specific commencement date.
63 Resolving uncertainties and difficulties about interaction between
Interaction between enterprise agreements and Division 5 provisions
64 Requests for flexible working arrangements
Amendments apply to requests made on or after commencement of Part.
65 Termination of enterprise agreements after nominal expiry date
Amendments apply to termination applications made under section 225
66 Genuine agreement in relation to enterprise agreements
Continues application of Part 2-4 despite amendments made by Part 14 of Schedule 1.
67 The better off overall test
Applicability of amendments to enterprise agreements
68 Validation of approval of enterprise agreement
Validation of approval of enterprise agreement
Requires temporal relation between intervals
69 Validation of approval of variation of enterprise agreement
Validation of approval of variation of enterprise agreement
70 Serious breach declarations
Exemptions from amendments for applications made before Part 18 of Schedule 1 commences
71 Intractable bargaining declarations
Consider conduct before or after Subdivision B of Division 8 of Part 2-4 of the amended Act when making a declaration under section 235.
72 Industrial action
72(2) Industrial action
72(3) Industrial action
Amendments apply to protected action ballot order under certain conditions.
72(4) Industrial action
Amendments apply to contravention of civil remedy provisions
72(5) Industrial action
72(6) Industrial action
Conditional commencement of amendments for employee claim actions
72(7) Industrial action
Application of amendments to protected action ballot order
73 Variation of single interest employer agreement to add employer
Variation of single interest employer agreement to add employer
74 Application to existing applications for declarations
74(1) Application to existing applications for declarations
Minister must make a decision on application before commencement of Part 21.
Minister has an obligation to make a decision on application.
74(2) Application to existing applications for declarations
Continuation of Division 10 despite amendments.
(2) Despite the amendments of Division 10 of Part 2-4 made by Part 21 of Schedule 1 to the amending Act
that Division continues to apply as if those amendments had not been made.
75 Application to existing Ministerial declarations where application
75(1) Application to existing Ministerial declarations where application
Application to existing Ministerial declarations where application
Indicates a temporal overlap with Part 21 of Schedule 1
75(2) Application to existing Ministerial declarations where application
76 Application to existing applications for authorisations
76(1) Application to existing applications for authorisations
Application to existing applications for authorisations
if, immediately before that commencement, the FWC had not made a decision on the application.
76(2) Application to existing applications for authorisations
77 Effect of making a single interest employer authorisation
Effect of making a single interest employer authorisation
78 Application to existing applications to vary authorisations
Amendments do not apply to pre-commencement applications
78A Application to authorisations in operation before
Application to authorisations in operation before commencement
78B Application to certain authorisations made after
Application to certain authorisations made after commencement
78C Availability of scope orders
Single-enterprise agreements with single interest employer authorization continue to apply despite repeal.
Repeal does not affect existing agreements
80A Approval of enterprise agreement—requirement relating to
Employers must have a genuine agreement for an enterprise agreement.
Employers must have a genuine agreement.
81 Approval of cooperative workplace agreement—requirement
Requirement for approval of cooperative workplace agreement
Obligation to approve cooperative workplace agreement
82 Variation of cooperative workplace agreement to add employer
Variation of cooperative workplace agreement to add employer
82A Multi-enterprise agreements and general building and
Approval of enterprise agreements and variations after commencement of Part 23A
Obligation to approve enterprise agreements and variations
Subsection 186(2B) of the amended Act applies in relation to...
...the approval of an enterprise agreement, if the agreement is made after the commencement of that Part;
Temporal interval for applicability of subsection 186(2B)
...the approval of a variation of an enterprise agreement, if the variation is made after the commencement of that Part.
83 Small claims procedure
83(1) Small claims procedure
Amendment of paragraph 548(2)(a) and subsection 548(2A)
83(2) Small claims procedure
Small claims procedure applies to certain proceedings
apply in relation to small claims proceedings
84 Employment advertisements
Employment advertisements subject to Division 4 of Part 3-6 of the Act.
85 Requests for extension of period of unpaid parental leave
Amendments apply to requests made after commencement of Part 25B
86 Definitions
Definitions for amended Act and amending Act
87 Amendments about unpaid parental leave
87(1) Amendments about unpaid parental leave
Amendments apply to employees in respect of a child born on or after July 1, 2023.
87(2) Amendments about unpaid parental leave
Employee must give notice before taking unpaid parental leave.
1 July 2023;
Treats a period of unpaid parental leave as continuous after commencement of Schedule 2 to the amending Act.
Employee may give employer a written notice to make amendments to subsection 74(1) notice.
88 Superannuation—reduction of employer’s liability to the extent
Employer's obligation to make superannuation contributions on behalf of an employee is unaffected by the commencement of Part 2 of Schedule 3.
The obligation is unaffected by the commencement of Part 2.
Subsection 149B(2) applies regardless of when the requirements are satisfied.
The employer's obligation remains in effect.
The obligation overlaps with the commencement of Part 2.
The obligation is recurrent and unaffected by the commencement of Part 2.
89 Interaction of a workplace determination with an earlier
Interaction of a workplace determination with an earlier enterprise agreement
90 Employee authorised deductions
90(1) Employee authorised deductions
Continuation of authorisation after commencement
Temporal interval during which authorisation continues
90(2) Employee authorised deductions
Continuation of existing authorizations after commencement
90(3) Employee authorised deductions
Authorisation for employee deductions must comply with section 324 of the amended Act.
Obligation to comply with section 324 of the amended Act.
(3) An authorisation is covered by this subclause...
The authorisation must comply with section 324 of the amended Act.
Overlap between the commencement of Schedule 5 and the amended Act.
The commencement of Schedule 5 overlaps with the amended Act.
Repeatable obligation to comply with section 324 of the amended Act.
The obligation to comply with section 324 of the amended Act. repeats.
Diffusion of obligations from Schedule 5 to the amended Act.
The obligations from Schedule 5 diffuse to the amended Act.
Recognition of obligations in artificial intelligence systems.
90(4) Employee authorised deductions
Rights or liabilities arising from an authorisation covered by subclause (3) are unaffected.
Paragraph (2)(a) does not affect rights or liabilities arising from an authorisation covered by subclause (3)
91 Definitions
Definitions for amended Act and namending Act.
2023 Part 15
Amendments made by Part 2 of Schedule 1 to the amending Act
92 Application—section 121
Section 121 continues to apply in relation to the termination of an employee's employment under certain conditions.
93 Application of amendments—regulated labour hire arrangement
93(1) Application of amendments—regulated labour hire arrangement
Section applies on and after November 2024 regardless of agreement entry date.
93(2) Application of amendments—regulated labour hire arrangement
Division 4 of Part 2-7A applies on and after the introduction day.
(2) Division 4 of Part 2-7A of the amended Act (anti-avoidance)
93(3) Application of amendments—regulated labour hire arrangement
Defines introduction day for regulated labour hire arrangement
introduction day means the day on which the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced into the Parliament.
Introduction day is defined as the introduction date of the bill
(3) In this section: introduction day means the day on which the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced into the Parliament.
Amendments made by Part 7 of Schedule 1 to the amending Act
94 Application of section 149E of amended Act
94(1) Application of section 149E of amended Act
Section 149E of amended Act applies to modern awards made on or after July 1, 2024.
94(2) Application of section 149E of amended Act
Modern awards are not invalid on or after July 1, 2024, due to missing delegates' rights terms.
95 FWC to vary certain modern awards
95(1) FWC to vary certain modern awards
Modern award must be in operation on a certain day.
(a) is made before 1 July 2024; and (b) is to be in operation on that day.
95(2) FWC to vary certain modern awards
FWC must determine varying modern award by June 2024.
95(3) FWC to vary certain modern awards
Determinations made under subclause (2) take effect from 1 July 2024.
95(4) FWC to vary certain modern awards
Vary certain modern awards under Section 168 as if it were a determination made under Part 2-3.
96 Application of section 205A of amended Act
Employer must obtain employee approval for enterprise agreement before FWC approval.
Section 205A of the amended Act does not apply.
Employee approval must occur before FWC approval.
The employee vote occurs before the FWC approves the agreement.
The employee approval precedes FWC approval.
Employee approval is a necessary condition for FWC approval.
The FWC only approves agreements that have been approved by the employees.
Employee approval is necessary for FWC approval.
Employee approval spreads to other relevant parties.
The employer and employees are notified of the agreement.
The employee approval is communicated to other relevant parties.
Employee approval is a cognitive process.
The employees must make an informed decision about the agreement.
The employee approval involves cognitive processing.
97 Application of subsections 273(6) and (7) of amended Act
97(1) Application of subsections 273(6) and (7) of amended Act
Application of subsections 273(6) and (7)
Subsections apply in relation to a workplace determination
(delegates’ rights terms) of the amended Act
workplace determination made on or after 1 July 2024
97(2) Application of subsections 273(6) and (7) of amended Act
Invalidation of workplace determinations after a certain date
1 July 2024 only because it does not include a delegates’ rights
Amendments made by Part 14 of Schedule 1 to the amending Act
98 Offence relating to failure to pay certain amounts as required
Failure to pay certain amounts as required is an offence.
99 Application of amendments
99(1) Application of amendments
Commences on or after the commencement of Part 14A of Schedule 1 to the amending Act.
99(2) Application of amendments
Prohibition on certain conduct before commencement
(2) However, the amendment does not apply in relation to doing any of...
...even if the industrial action occurs, or was to occur on or after that commencement:
Restricts conduct during commencement period
...before that commencement in relation to industrial action, even if the industrial action occurs, or was to occur on or after that commencement:
Restricts conduct during commencement period (LTL)
Restricts conduct during commencement period (Diffusion)
Restricts conduct during commencement period (CogAI)
99(3) Application of amendments
Clarifies application of amendments to subsection 409(6A) of the Act.
100 Definitions
Definitions for amended and namending Acts
101 Resolving uncertainties and difficulties about interaction
101(1) Resolving uncertainties and difficulties about interaction
The FWC may vary a fair work instrument on application.
101(2) Resolving uncertainties and difficulties about interaction
Determination to resolve uncertainty or difficulty about interaction with instrument
Obligation to resolve uncertainty or difficulty
Interaction between instrument and Division 4A of Part 2-2 of the amended Act
the interaction between the instrument and Division 4A of Part 2-2 of the amended Act
Uncertainty or difficulty arising from circumstances in which employees are to be employed as casual employees under the agreement
uncertainty or difficulty relating to the interaction between the instrument and any of the following
Interaction between instrument and provisions of Division 4A of Part 2-2 of the amended Act
the interaction between the instrument and any of the following
to make the instrument operate effectively with that section or those provisions
101(3) Resolving uncertainties and difficulties about interaction
Variation of a fair work instrument takes effect on specified day.
101(4) Resolving uncertainties and difficulties about interaction
Publish modern award on website or other means as soon as practicable.
Award must be published on website or other means.
102 Application of amendments
102(1) Application of amendments
102(2) Application of amendments
Employer and employee conduct before commencement is disregarded for applying subsections 15A(2) and (3).
Disregarding conduct before commencement.
102(3) Application of amendments
Application of amendments to casual employees
103 Transitional provision
Transitional provision for applying section 66L of the Act during a specific period.
104 Replacement agreements
104(1) Replacement agreements
Applicability of subsections 58(4) and (5)
104(2) Replacement agreements
Applicability of certain sections to single interest employer agreements and supported bargaining agreements
104(3) Replacement agreements
Subsections 236(1B) and 238(2) apply to applications made after the commencement of Part 4 of Schedule 1.
Application to applications made after the commencement of Part 4 of Schedule 1.
The amending Act commences on a specified date.
Subsections 236(1B) and 238(2) apply to applications made after that date.
Continuity of applicability from the commencement date.
Subsections 236(1B) and 238(2) apply continuously from that date.
105 Variation of supported bargaining authorisations
Variation of supported bargaining authorisations
106 Application of better off overall test to replacement agreements
Application of better off overall test to replacement agreements
107 Model terms and enterprise agreements
107(1) Model terms and enterprise agreements
Enterprise agreements continue to apply despite amendments.
(a) before that commencement, the employer concerned asks the employees to approve the agreement by voting for it; and (b) by that vote, the employees approve the agreement; and (c) the FWC approves the agreement.
The enterprise agreement continues to apply.
Agreement applies during specified period.
The agreement applies during the specified period.
(1) Despite the amendments made by Part 5 of Schedule 1 to the amending Act, sections 202, 205 and 737, as in force immediately before the commencement of that Part, continue to apply in relation to an enterprise agreement if:
107(2) Model terms and enterprise agreements
FWC must disregard amendments made by Part when deciding on approval of agreement.
FWC must disregard amendments made by Part.
108 Model terms and copied State instruments
Section 768BK continues to apply despite amendments.
109 Disallowance—model terms made before commencement
Section 42 of the Legislation Act 2003 does not apply to a determination made in the exercise of certain powers.
Section 42 does not apply to certain determinations.
Subsection 4(1) of the Acts Interpretation Act 1901 provides for the exercise of powers between the passing and commencement of an Act.
110 Application of amendments—intractable bargaining workplace
110(1) Application of amendments—intractable bargaining workplace
This clause applies to the following provisions.
110(2) Application of amendments—intractable bargaining workplace
Commencement of Part 5A of Schedule 1 to the amending Act
110(3) Application of amendments—intractable bargaining workplace
Application of amendments to intractable bargaining workplace determinations
111 Application of amendments to intractable bargaining workplace
111(1) Application of amendments to intractable bargaining workplace
Application of amendments to intractable bargaining workplace determination
111(2) Application of amendments to intractable bargaining workplace
Employer, employee or organisation must apply for a variation to the original determination.
111(3) Application of amendments to intractable bargaining workplace
Application deadline for subclause (2) of section 111(3)
Requires a relation between identifiable temporal intervals
111(4) Application of amendments to intractable bargaining workplace
FWC may make a variation despite paragraph 603(3)(c).
111(5) Application of amendments to intractable bargaining workplace
Any variation must be made by a Full Bench.
(5) Any variation must be made by a Full Bench.
111(6) Application of amendments to intractable bargaining workplace
Variation takes effect on specified day after variation is made.
111A Definitions
Defines commencement as the start of Part 8 of Schedule 1 to the amending Act.
111B Application of section 149F of the amended Act
111B(1) Application of section 149F of the amended Act
Section 149F of the amended Act applies to modern awards in operation on or after commencement.
Section applies to modern awards in operation on or after commencement.
111B(2) Application of section 149F of the amended Act
Modern award not invalid due to lack of disconnect right
Invalidity based on missing disconnect right
(2) Modern award is invalid due to lack of disconnect right
111C FWC to vary certain modern awards
111C(1) FWC to vary certain modern awards
This clause applies to modern awards made before commencement.
(1) This clause applies in relation to a modern award if the award:
(b) is to be in operation on commencement.
111C(2) FWC to vary certain modern awards
The FWC must include a right to disconnect term in the modern award.
The FWC has an obligation to include a right to disconnect term.
111C(3) FWC to vary certain modern awards
Determination takes effect from commencement.
111C(4) FWC to vary certain modern awards
111D Application of amendments to small business employers
Exemption from amendments for small business employers and employees
Exempts small business employers and employees from amendments
112 Application of amendments
113 Application of amendments—right of entry
114 Penalties for contravention of civil remedy provisions
114(1) Penalties for contravention of civil remedy provisions
114(2) Penalties for contravention of civil remedy provisions
Prohibition on same course of conduct before and after commencement
Prohibits same course of conduct before and after commencement
(2) For the purposes of section 557, conduct engaged in before that commencement cannot constitute the same course of conduct as conduct engaged in after that commencement.
Defines temporal interval for underpayments
Defines recurring trace for underpayments
114(3) Penalties for contravention of civil remedy provisions
114(4) Penalties for contravention of civil remedy provisions
Prevents conduct before commencement from being the same course of conduct after commencement.
Defines an overlap between two temporal intervals.
(4) For the purposes of section 557, conduct engaged in before that commencement cannot constitute the same course of conduct as conduct engaged in after that commencement.
115 Definitions
116 Relationships in existence as at commencement or entered into
116(1) Relationships in existence as at commencement or entered into
Section applies to relationships entered into before and on commencement
Section applies to specified relationships
(1) Subject to this Schedule and sections 15AB to 15AD of the amended Act, section 15AA of the amended Act applies on and after commencement to the following:
Section applies to relationships entered into on or after commencement
(b) a relationship between an individual and a person entered into on or after commencement.
116(2) Relationships in existence as at commencement or entered into
Section 7 of the Acts Interpretation Act 1901 applies in relation to the amendment made by item 237 of Part 15 of Schedule 1 to the amending Act.
Section 7 applies in relation to the amendment.
Section 7 of the Acts Interpretation Act 1901
in relation to the amendment made by item 237 of Part 15 of Schedule 1 to the amending Act.
117 References to employees etc. in fair work instruments made
117(1) References to employees etc. in fair work instruments made
Applicable to fair work instruments made before commencement and in operation on or after commencement.
(a) was made before commencement; and (b) is in operation on or after commencement.
(1) This clause applies to a fair work instrument that: (a) was made before commencement; and (b) is in operation on or after commencement.
117(2) References to employees etc. in fair work instruments made
Reference to employee or employer includes reference to individual within the meaning of section 15AA of the amended Act.
118 Entitlements determined by reference to length of a period of
118(1) Entitlements determined by reference to length of a period of
Individual becomes an employee of the person within the ordinary meaning of that expression on commencement.
(a) immediately before commencement, an individual was not an employee of a person within the ordinary meaning of that expression;
on commencement, the individual becomes an employee of the person, within the ordinary meaning of that expression
Temporal relationship between commencement and becoming an employee
because of the operation of section 15AA of the amended Act, on commencement, the individual becomes an employee of the person, within the ordinary meaning of that expression
(b) because of the operation of section 15AA of the amended Act, on commencement, the individual becomes an employee of the person, within the ordinary meaning of that expression
118(2) Entitlements determined by reference to length of a period of
Right or entitlement under the amended Act or a fair work instrument is determined by reference to length of service or minimum period of employment.
119 Old Act applies to proceedings on foot as at commencement
Old Act applies on and after commencement, despite amendment.
120 FWC power to deal with uncertainties or difficulties arising
120(1) FWC power to deal with uncertainties or difficulties arising
FWC may make a determination varying a fair work instrument to resolve an uncertainty or difficulty.
FWC has the power to make a determination varying a fair work instrument.
120(2) FWC power to deal with uncertainties or difficulties arising
FWC may vary modern award on its own initiative or application by employer, employee, organisation, or outworker entity.
120(3) FWC power to deal with uncertainties or difficulties arising
FWC may vary enterprise agreements or workplace determinations.
Obligation to vary enterprise agreements.
120(4) FWC power to deal with uncertainties or difficulties arising
FWC may vary FWC orders under certain conditions.
120(5) FWC power to deal with uncertainties or difficulties arising
Describes the temporal relationship between the variation and its effective date.
120(6) FWC power to deal with uncertainties or difficulties arising
Regulations may provide for specified fair work instruments or uncertainties/difficulties.
121 General power for regulations to deal with transitional etc.
121(1) General power for regulations to deal with transitional etc.
General power for regulations to deal with transitional etc.
121(2) General power for regulations to deal with transitional etc.
Regulations may make provisions for transitional, application or saving nature.
122 Other general provisions about regulations
122(1) Other general provisions about regulations
This clause applies to regulations made for the purposes of this Part.
122(2) Other general provisions about regulations
Regulations are exempt from the Legislation Act 2003's retrospective application.
122(3) Other general provisions about regulations
Exempts conduct from prosecution if it would not have been a contravention without the retrospective effect of regulations.
Regulations exempt conduct from prosecution if it would not have been a contravention without the retrospective effect of regulations.
(3) If: ... (c) but for the retrospective effect of the regulations, the conduct would not have contravened a provision of this Act;
then a court must not convict the person of an offence, or order the person to pay a pecuniary penalty, in relation to the conduct on the grounds that it contravened a provision of this Act.
The exemption is related to the temporal interval between registration and commencement dates.
(3) If: ... (a) regulations are expressed to commence from a date (the registration date) before the regulations are registered under the Legislation Act 2003;
The exemption is related to recurring conduct before registration dates.
(3) If: ... (b) a person engaged in conduct before the registration date;
The exemption is justified by the retrospective effect of regulations.
The exemption is believed by courts to be applicable under certain conditions.
123 Definitions
124 Unfair deactivation and unfair termination
124(1) Unfair deactivation and unfair termination
Part 3A-3 applies to deactivation or termination after commencement.
124(2) Unfair deactivation and unfair termination
Employee-like worker period before commencement should not be counted.
124(3) Unfair deactivation and unfair termination
No periods before commencement are to be counted for determining work duration.
125 New applications relating to unfair contracts
Application for unfair contract review must be made after commencement.
126 Services contracts entered into before commencement
126(1) Services contracts entered into before commencement
Applicability of section to services contracts entered before commencement.
126(2) Services contracts entered into before commencement
Independent Contractors Act 2006 continues to apply despite amendments.
Applicability of Independent Contractors Act 2006
Amendments made by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024
Independent Contractors Act 2006 continues to apply.
127 Application of amendments
Amendments apply in relation to FWC's powers
128 Application provision—employer-funded paid parental leave
Employer-funded paid parental leave entitlement preserved under certain conditions.
Preserves entitlement if conditions met.
Section 333X applies in relation to an employee.
Entitlement preserved under certain conditions.
Establishes temporal relation between stillbirth/death and commencement of section 333X.
The stillbirth or death mentioned in paragraph 333X(1)(a) occurs on or after the commencement of section 333X;
Temporal relation established between stillbirth/death and commencement.
Establishes recurring trace of employee entitlement.
The employee would have had an entitlement to leave mentioned in paragraph 333X(1)(b);
Recurring trace established of employee entitlement.
Represents knowledge about employer-funded paid parental leave entitlement.
Section 333X applies in relation to an employee if...
Knowledge represented about employer-funded paid parental leave entitlement.
Validates schema for employer-funded paid parental leave entitlement.
The entitlement arises other than under a contract of employment (regardless of whether the source of the entitlement was made before, on or after that commencement).
Schema validated for employer-funded paid parental leave entitlement.
129 Application provision—employer-funded paid parental leave
Employer-funded paid parental leave entitlement preserved if child is stillborn or dies.
Preserves entitlement under contract of employment.
...the entitlement arises under a contract of employment; and...
Preserves entitlement under contract of employment across temporal intervals.
(1) Section 333X (employer-funded paid parental leave—preserved if child is stillborn or dies) applies in relation to an employee...
Preserves entitlement under contract of employment across recurring traces.
Diffuses preservation across contracts entered into on or after section 333X commencement.
...the contract is entered into on or after the commencement of section 333X.
Classifies contracts entered into on or after section 333X commencement as employer-funded paid parental leave contracts.
131 Application of amendments
Amendments apply to determinations made under section 536PEA of the Fair Work Act 2009.
The amendments apply in relation to any determination made under section 536PEA of the Fair Work Act 2009 on or after the commencement.
Applicable cognitive artificial intelligence logic
2 Application of the amendments made by the amending Act
Amendments apply only if connection between old and new employer occurs on or after commencement.
Definitions for Fair Work Amendment Act 2012
2 Schedule 1 to the amending Act
2(1) Schedule 1 to the amending Act
Section 149B, subsection 149C(1) and section 149D apply to modern awards made on or after 1 January 2014.
(1) Section 149B, subsection 149C(1) and section 149D apply in relation to a modern award that: (a) is made on or after 1 January 2014; or (b) is made before 1 January 2014 and that is varied on or after that day under Division 4A of Part 2-3 (as inserted by Schedule 1 to the amending Act).
(a) Section 149B, subsection 149C(1) and section 149D apply in relation to a modern award that: (a) is made on or after 1 January 2014; or (b) is made before 1 January 2014 and that is varied on or after that day under Division 4A of Part 2-3 (as inserted by Schedule 1 to the amending Act).
Section applies to modern awards made within a certain time period.
2(2) Schedule 1 to the amending Act
Sections 149A and 155A continue in force for modern awards made before 1 January 2014.
2A Transitional provision—when first variations of default fund
2A(1) Transitional provision—when first variations of default fund
Applicable to the first 4 yearly review of default fund terms
2A(2) Transitional provision—when first variations of default fund
Determination of default fund term must take effect at the same time and not before 1 January 2015.
2B Transitional provision—modern awards made on or after
1 January 2014
Modern award made between 2014 and 2017 imposes obligation
3 Part 1 of Schedule 3 to the amending Act
3(1) Part 1 of Schedule 3 to the amending Act
Determination or application under subsection 160(1) or (2) must be made before Part 1 of Schedule 3 to the amending Act commences.
(a) a determination was made under subsection 160(1)
(b) an application was made under subsection 160(2)
Temporal interval between determination/application and commencement.
3(2) Part 1 of Schedule 3 to the amending Act
The determination and application are valid if the inserted paragraphs were in force at the time.
Validity of determination and application
(2) The determination and the application are as valid, and are taken always to have been as valid...
as they would have been if paragraphs 160(2)(c) and (d) had been in force at the time...
Temporal interval during which inserted paragraphs were in force
(as inserted by Part 1 of Schedule 3 to the amending Act) had been in force at the time...
at the time the determination or application was made.
Always condition on validity of determination and application
4 Part 1 of Schedule 4 to the amending Act
Amendment applies in relation to enterprise agreements made after commencement.
Defines a temporal interval for the amendment's application.
relates to enterprise agreements that are purportedly made after the commencement of that Part.
The amendment applies in relation to enterprise agreements that are purportedly made after the commencement of that Part.
Classifies the amendment as a duty or obligation.
There is an obligation to comply with the amendment.
Defines a temporal relationship for the amendment's application.
Analyzes the amendment's application in relation to enterprise agreements.
Validates the format of the amendment's application.
5 Part 2 of Schedule 4 to the amending Act
Amendments apply after commencement of Part 2 of Schedule 4 to the amending Act.
6 Part 3 of Schedule 4 to the amending Act
6(1) Part 3 of Schedule 4 to the amending Act
Applicability of amendment to enterprise agreements
6(2) Part 3 of Schedule 4 to the amending Act
Exemption from amendment for certain persons
Exempts persons who made an election before the commencement of Part 3 from the amendment
(a) an enterprise agreement that was made before the commencement of that Part included a term referred to in paragraph 194(ba)
(b) a person made an election in accordance with that term before the commencement of that Part
Specifies the temporal interval during which the exemption applies
then the amendment does not apply in relation to that person
Specifies the temporal interval until which the exemption applies
(2) However, if: (a) an enterprise agreement that was made before the commencement of that Part included a term referred to in paragraph 194(ba) (as inserted by Part 3 of Schedule 4 to the amending Act); and (b) a person made an election in accordance with that term before the commencement of that Part;
Provides justification for the exemption
7 Part 4 of Schedule 4 to the amending Act
Amendment applies after commencement of Part.
8 Part 5 of Schedule 4 to the amending Act
8(1) Part 5 of Schedule 4 to the amending Act
Amendments apply to notices given after commencement.
Specifies the temporal relationship between commencement and applicability.
(1) The amendments made by Part 5 of Schedule 4 to the amending Act (which is about notice of employee representational rights)
Establishes a causal relationship between commencement and applicability.
Describes how applicability spreads from commencement.
Automatically infers applicability from commencement.
8(2) Part 5 of Schedule 4 to the amending Act
before the commencement of Part 5 of Schedule 4 to the amending Act
9 Part 1 of Schedule 5 to the amending Act
Amendment applies in relation to dismissals after commencement of Part.
10 Part 1 of Schedule 6 to the amending Act
11 Part 2 of Schedule 6 to the amending Act
Amendments apply in relation to dismissals after commencement
12 Part 3 of Schedule 6 to the amending Act
Amendments apply in relation to dismissals after commencement of Part.
13 Part 4 of Schedule 6 to the amending Act
Requires temporal interval between commencement and dismissal
14 Part 1 of Schedule 7 to the amending Act
15 Part 2 of Schedule 7 to the amending Act
Amendments apply after commencement of Part
16 Part 3 of Schedule 7 to the amending Act
Amendments apply in relation to protected action ballot orders made after commencement.
Defines temporal relation for commencement
17 Part 1 of Schedule 8 to the amending Act
Amendment applies in relation to orders under subsection 606(1) made after commencement of Part.
18 Part 2 of Schedule 8 to the amending Act
Amendments apply before or after commencement
19 Part 4 of Schedule 8 to the amending Act
Amendments apply in relation to appointments made after commencement.
20 Part 5 of Schedule 8 to the amending Act
Appointments made after commencement of Part 5 apply to amendments.
21 Part 6 of Schedule 8 to the amending Act
Amendments apply in relation to appointments taking effect after commencement of Part.
Requires temporal interval between appointment and commencement
22 Part 7 of Schedule 8 to the amending Act
Complaints made before or after commencement are handled regardless of timing.
23 Part 8 of Schedule 8 to the amending Act
Amendments apply in relation to paid work engaged after commencement of Part.
24 Transitional provision—President
24(1) Transitional provision—President
Continuation of office upon transitional commencement
24(2) Transitional provision—President
Defines a temporal interval for the operation of any law on or after that commencement
(2) If, before that commencement, a thing was done by, or in relation to, the President of FWA...
...the thing is taken to have been done by, or in relation to, the President of the FWC.
Defines a duty on the operation of any law on or after that commencement
24(3) Transitional provision—President
24(4) Transitional provision—President
The Minister may determine the application of a subclause to the President of FWA.
Temporal relation between Minister's determination and subclause application
(4) The Minister may, by writing, determine that subclause (2):
Recurring trace of Minister's determination and subclause application
Writing as means of Minister's determination
Rule-based system for Minister's determination
24(5) Transitional provision—President
Legislative instrument determination is not valid.
Determination is not a legislative instrument.
(5) A determination made under subclause (4) is not a legislative instrument.
25 Transitional provision—Deputy President
25(1) Transitional provision—Deputy President
25(2) Transitional provision—Deputy President
Continuation of office upon transitional provision commencement
25(3) Transitional provision—Deputy President
Transitional provision for Deputy President of FWA
25(4) Transitional provision—Deputy President
25(5) Transitional provision—Deputy President
Determination by Minister regarding subclause (3)
25(6) Transitional provision—Deputy President
A determination made under subclause (5) is not a legislative instrument.
Prohibits a determination from being a legislative instrument.
26 Transitional provision—Commissioner
26(1) Transitional provision—Commissioner
Continuation of office upon transitional provision
26(2) Transitional provision—Commissioner
26(3) Transitional provision—Commissioner
Transitional provision for Commissioner of FWA to FWC
26(4) Transitional provision—Commissioner
Transitional provision for amended provisions
26(5) Transitional provision—Commissioner
26(6) Transitional provision—Commissioner
Prohibits determinations from being considered legislative instruments.
(6) A determination made under subclause (5) is not a legislative instrument.
Imposes an obligation on the Commissioner to ensure determinations are not considered legislative instruments.
Defines the temporal scope of determinations that are not legislative instruments.
Permits the Commissioner to make determinations that are not considered legislative instruments.
27 Transitional provision—Minimum Wage Panel Member
27(1) Transitional provision—Minimum Wage Panel Member
Continuation of office after commencement
27(2) Transitional provision—Minimum Wage Panel Member
Transitional provision for Minimum Wage Panel Members
27(3) Transitional provision—Minimum Wage Panel Member
Transitional provision for minimum wage panel member
Requires temporal intervals for commencement
27(4) Transitional provision—Minimum Wage Panel Member
Determination of subclause application for Minimum Wage Panel Member
27(5) Transitional provision—Minimum Wage Panel Member
Determination made under subclause (4) is not a legislative instrument.
Prohibits determination from being a legislative instrument.
28 Operation of laws—things done by, or in relation to, FWA
28(1) Operation of laws—things done by, or in relation to, FWA
28(2) Operation of laws—things done by, or in relation to, FWA
28(3) Operation of laws—things done by, or in relation to, FWA
28(4) Operation of laws—things done by, or in relation to, FWA
A determination made under subclause (3) is not a legislative instrument.
(4) A determination made under subclause (3)
29 Transitional provision—General Manager and staff of FWA
29(1) Transitional provision—General Manager and staff of FWA
Continuation of General Manager's office upon commencement of Part 1 of Schedule 9
29(2) Transitional provision—General Manager and staff of FWA
Transitional provision—General Manager and staff of FWA
29(3) Transitional provision—General Manager and staff of FWA
29(4) Transitional provision—General Manager and staff of FWA
Determination by Minister regarding subclause (2)
Permission to deviate from subclause (2)
29(5) Transitional provision—General Manager and staff of FWA
Legislative instrument determination is prohibited.
Prohibits staff from being considered legislative instruments.
(5) A determination made under subclause (4) is not a legislative instrument. Staff
29(6) Transitional provision—General Manager and staff of FWA
Continuation of staff members after commencement
30 Operation of section 7 and subsection 25B(1) of the Acts
Does not limit operation of section 7 or subsection 25B(1) of the Acts
31 Part 1 of Schedule 10 to the amending Act
Conditional commencement of amendment made by Part 1 of Schedule 10 to the amending Act.
32 Regulations about application, transitional and saving matters
32(1) Regulations about application, transitional and saving matters
Regulations about application, transitional and saving matters
Requires temporal intervals for regulations
32(2) Regulations about application, transitional and saving matters
32(3) Regulations about application, transitional and saving matters
32(4) Regulations about application, transitional and saving matters
Exemptions from retrospective application of legislative instruments
Regulations exempted from retrospective application
1 Definition
2 Part 1 of Schedule 1 to the amending Act
Amendments apply after commencement of Part 1
Temporal interval applies after commencement
3 Part 2 of Schedule 1 to the amending Act
Amendments apply to unpaid parental leave taking after commencement of Part.
Amendments apply if first taking occurs after commencement.
Part 2 of Schedule 1 to the amending Act commences.
Amendments apply during first taking after commencement.
4 Part 3 of Schedule 1 to the amending Act
Amendments apply after commencement of Part 3
5 Part 4 of Schedule 1 to the amending Act
5(1) Part 4 of Schedule 1 to the amending Act
Amendment applies to modern awards in operation on or after 1 January 2014.
Applicability of amendment to modern awards
(1) The amendment made by item 19 of Schedule 1 to the amending Act applies in relation to a modern award that is in operation on or after 1 January 2014, whether or not the award was made before that day.
The amendment applies to modern awards in operation on or after 1 January 2014.
Temporal overlap between amendment and modern awards
The amendment overlaps with modern awards in operation on or after 1 January 2014
Recurring applicability of amendment to modern awards
The amendment recurrently applies to modern awards in operation on or after 1 January 2014
5(2) Part 4 of Schedule 1 to the amending Act
Amendments apply to enterprise agreements made after Part 4 commencement
6 Part 5 of Schedule 1 to the amending Act
Amendments apply in relation to evidence given under section 81 after commencement of Part.
7 Schedule 2 to the amending Act
Amendment applies to modern awards made or varied after commencement of Schedule.
8 Schedule 3 to the amending Act
Amendments apply in relation to applications made under section 789FC after the commencement of Schedule 3.
8A Schedule 3A to the amending Act
Conditional commencement of Schedule 3A amendments
Implies prohibition of conduct before commencement
9 Schedule 4 to the amending Act
9(1) Schedule 4 to the amending Act
Amendment applies to interviews conducted and discussions held after commencement.
9(2) Schedule 4 to the amending Act
Amendments apply to frequency of entry after commencement
9(3) Schedule 4 to the amending Act
Exempts arrangements entered before commencement from amendments.
Prohibits application of amendments to pre-commencement arrangements.
10 Schedule 4A to the amending Act
10(1) Schedule 4A to the amending Act
Amendments apply to dismissals after Schedule commencement
10(2) Schedule 4A to the amending Act
Employment terminated after Schedule 4A commencement must comply with amendments.
11 Item 4 of Schedule 5 to the amending Act
Amendment applies after commencement of Schedule.
Amendment applies after commencement of Part 1.
9 Part 5 of Schedule 1 to the amending Act
Amendments apply if employer agrees to bargain after commencement.
Employer agrees to bargain after commencement.
11 Part 7 of Schedule 1 to the amending Act
Amendment applies if application was made after commencement of Part.
14 Part 10 of Schedule 1 to the amending Act
Paragraph 559(3A)(c) applies in relation to an amount that was paid to the Commonwealth under subsection 559(1) after the commencement of Part 10 of Schedule 1 to the amending Act.
The provision applies in relation to an amount paid after the commencement of Part 10.
An amount that was paid under subsection 559(1) after the commencement of Part 10.
The provision applies to an amount that was paid in relation to a specific part of Schedule 1.
Part 10 of Schedule 1 to the amending Act
The provision applies in relation to an amount that was paid under subsection 559(1).
The provision applies in relation to an amount that was paid after the commencement of Part 10.
7 Apr 2009
Conditional commencement of certain sections
Fair Work (State Referral and Consequential and Other Amendments) Act 2009
25 June
1 July 2009 (s 2(1)
22 Sept
8 July 2009
Fair Work Amendment (State Referrals and Other Measures) Act 2009
9 Dec 2009
References specific sections of other schedules
25 June 2009 (s 2(1)
31 May
Sex and Age Discrimination Legislation Amendment Act 2011
20 June
29 July 2011 (see
15 Apr
22 July
23 July 2012
13 Sept
3 Dec 2012
4 Dec 2012
1 July 2013
References Sch 3–7 and Sch 8 items 1–45, 57–76
1 Jan 2013 (see
1 Jan 2013
28 June
Conditional commencement of Superannuation Laws Amendment (MySuper Capital Gains Tax Relief and Other Measures) Act 2013
Requires relation between identifiable temporal intervals for conditional commencement
14 Mar
26 June
29 June
Commencement of Tax Laws Amendment (Fairer Taxation of Excess Concessional Contributions) Act 2013
29 June 2013 (s 2(1)
27 May
24 June 2014 (s 2(1)
Consequential and Transitional Provisions
30 June
1 July 2014 (s 2(1)
Amendment by Public Governance and Resources Legislation Amendment Act (No. 1) 2015
13 Apr
10 Sept
Legislation history for Fair Work Act 2009
26 Nov
Conditional commencement of certain provisions
23 Mar
Territories Legislation Amendment Act 2016
1 July 2016 (s 2(1)
Fair Work Amendment (Respect for Emergency Services Volunteers) Act
12 Oct
Statute Law Revision (Spring 2016) Act 2016, section 2(1)
Act 2016 is classified as a Statute Law Revision
20 Oct
Conditional commencement of Fair Work (Registered Organisations) Amendment Act 2016
24 Nov
Mandatory commencement of Fair Work Amendment (Corrupting Benefits) Act 2017
16 Aug
Legislation history can be represented as RDF
RDF representation of legislation history
23 Aug
Conditional commencement of Fair Work Amendment (Protecting Vulnerable Workers) Act 2017
Conditional commencement is specified as 20 Sept 2017 (s 2(1) item 2)
14 Sept
15 Sept 2017 (s 2(1)
Fair Work Amendment (Family and Domestic Violence Leave) Act
11 Dec
Repeal of 4 Yearly Reviews and Other Measures
7 Aug 2019
Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020
Imposes obligation on the government to implement measures
9 Apr 2020
Amendment of section 10 of Schedule 1 by the Coronavirus Economic Response Package (Jobkeeper Payments) Amendment Act 2020
3 Sept 2020
Consequential Amendments and Transitional Provisions
1 Mar 2021
26 Mar
Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022
9 Nov 2022
Commencement of Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 79, 2022
Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 79, 2022 commences on 1 February 2023
Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 79, 2022 is in effect during the period from 1 February 2023 to a specified date
Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 79, 2022 ends on a specified date
6 Dec 2022
6 June 2023 (s 2(1)
Conditional commencement of certain items in Schedule 1
10 Mar
Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023
20 Sept
Conditional commencement of Fair Work Legislation Amendment (Closing Loopholes) Act 2023
14 Dec
14 June 2024 (s 2(1)
26 Feb
1 July 2024 (s 2(1)
Consequential and Transitional Provisions No. 2 Act 2024
Endnotes and legislation history for Fair Work Act 2009
22 Aug
Paid Parental Leave Amendment (Adding Superannuation for a More Secure Retirement) Act 2024
1 Oct 2024
10 Dec
Fair Work Amendment (Protecting Penalty and Overtime Rates) Act 2025
29 Aug
Fair Work Amendment (Baby Priya’s) Act 2025
6 Nov 2025
1 July 2026 (s 2(1)
5 Mar 2026
Conditional commencement of Fair Work Amendment (Fairer Fuel) Act 2026
1 Apr 2026