Legislation › Fair Work Act 2009 (Cth) Fair Work Act 2009 (Cth) Sections (1498) s 1 — Short title s 2 — Commencement s 3 — Object of this Act s 4 — Guide to this Act s 5 — Terms and conditions of employment (Chapter 2) s 6 — Rights and responsibilities of employees, employers, organisations etc. (Chapter 3) s 6A — Rights and responsibilities of regulated workers, regulated businesses, organisations etc. (Chapter 3A) s 6B — Rights and responsibilities of persons in a road transport contractual chain s 7 — Compliance and enforcement (Chapter 4) s 8 — Administration (Chapter 5) s 9 — Miscellaneous (Chapter 6) s 9A — Application, transitional and saving provisions for amendments (Schedules) s 10 — Guide to this Part s 11 — Meanings of employee and employer s 12 — The Dictionary s 13 — Meaning of national system employee s 14 — Meaning of national system employer s 14A — Transitional matters relating to employers etc. becoming, or ceasing to be, national system employers etc. s 15 — Ordinary meanings of employee and employer s 15AA — Determining the ordinary meanings of employee and employer s 15AB — Individual may elect that section 15AA does not apply s 15AC — Effect of an opt out notice s 15AD — Opt out notice may be revoked by an individual s 15A — Meaning of casual employee s 15B — Meaning of collective agreement s 15C — Meaning of contractor high income threshold s 15D — Meaning of minimum standards guidelines s 15E — Meaning of minimum standards order s 15F — Meaning of regulated business s 15G — Meaning of regulated worker s 15H — Meaning of services contract s 15J — Prospective regulated workers s 15K — Effect of Chapter in determining whether a person is an employee or an employer s 15KA — Specific provision about the effect of certain provisions in determining whether a person is an employee or an employer s 15L — Meaning of digital labour platform s 15M — Meaning of digital labour platform operator s 15N — Meaning of digital platform work s 15P — Meaning of employee‑like worker s 15Q — Meaning of regulated road transport contractor s 15R — Meaning of road transport business s 15RA — Meanings of road transport contractual chain and in a road transport contractual chain s 15RB — Meaning of a road transport employee‑like worker s 15S — Meaning of road transport industry s 16 — Meaning of base rate of pay s 17 — Meaning of child of a person s 17A — Meaning of directly and indirectly (in relation to TCF work) s 18 — Meaning of full rate of pay s 19 — Meaning of industrial action s 19A — Meaning of industrial action: regulated workers s 20 — Meaning of ordinary hours of work for award/agreement free employees s 21 — Meaning of pieceworker s 22 — Meanings of service and continuous service s 23 — Meaning of small business employer s 23A — Terms relating to superannuation s 23B — Meaning of general building and construction work s 24 — Guide to this Part s 25 — Meanings of employee and employer s 26 — Act excludes State or Territory industrial laws s 27 — State and Territory laws that are not excluded by section 26 s 28 — Act excludes prescribed State and Territory laws s 29 — Interaction of modern awards and enterprise agreements with State and Territory laws s 30 — Act may exclude State and Territory laws etc. in other cases s 30A — Meaning of terms used in this Division s 30B — Meaning of referring State s 30C — Extended meaning of national system employee s 30D — Extended meaning of national system employer s 30E — Extended ordinary meanings of employee and employer s 30F — Extended meaning of outworker entity s 30G — General protections s 30H — Division only has effect if supported by reference s 30K — Meaning of terms used in this Division s 30L — Meaning of referring State s 30M — Extended meaning of national system employee s 30N — Extended meaning of national system employer s 30P — Extended ordinary meanings of employee and employer s 30Q — Extended meaning of outworker entity s 30R — General protections s 30S — Division only has effect if supported by reference s 31 — Exclusion of persons etc. insufficiently connected with Australia s 32 — Regulations may modify application of this Act in certain parts of Australia s 32A — Rules may modify application of this Act in Norfolk Island s 33 — Extension of this Act to the exclusive economic zone and the continental shelf s 34 — Extension of this Act beyond the exclusive economic zone and the continental shelf s 35 — Meanings of Australian employer and Australian‑based employee s 35A — Regulations excluding application of Act s 36 — Geographical application of offences s 37 — Act binds Crown s 38 — Act not to apply so as to exceed Commonwealth power s 39 — Acquisition of property s 40 — Interaction between fair work instruments and public sector employment laws s 40A — Application of the Acts Interpretation Act 1901 s 40B — Effect of the Migration Act 1958 s 40C — Guide to this Part s 40D — The road transport objective s 40E — Establishment of Road Transport Advisory Group s 40F — Membership of Road Transport Advisory Group s 40G — Road Transport Advisory Group subcommittees s 41 — Guide to this Part s 42 — Meanings of employee and employer s 43 — Terms and conditions of employment provided under this Act s 44 — Contravening the National Employment Standards s 45 — Contravening a modern award s 46 — The significance of a modern award applying to a person s 47 — When a modern award applies to an employer, employee, organisation or outworker entity s 48 — When a modern award covers an employer, employee, organisation or outworker entity s 49 — When a modern award is in operation s 50 — Contravening an enterprise agreement s 51 — The significance of an enterprise agreement applying to a person s 52 — When an enterprise agreement applies to an employer, employee or employee organisation s 53 — When an enterprise agreement covers an employer, employee or employee organisation s 54 — When an enterprise agreement is in operation s 55 — Interaction between the National Employment Standards and a modern award or enterprise agreement s 56 — Terms of a modern award or enterprise agreement contravening section 55 have no effect s 57 — Interaction between modern awards and enterprise agreements s 57A — Designated outworker terms of a modern award continue to apply s 58 — Only one enterprise agreement can apply to an employee s 59 — Guide to this Part s 60 — Meanings of employee and employer s 61 — The National Employment Standards are minimum standards applying to employment of employees s 62 — Maximum weekly hours s 63 — Modern awards and enterprise agreements may provide for averaging of hours of work s 64 — Averaging of hours of work for award/agreement free employees s 65 — Requests for flexible working arrangements s 65A — Responding to requests for flexible working arrangements s 65B — Disputes about the operation of this Division s 65C — Arbitration s 66 — State and Territory laws that are not excluded s 66A — Division applies to casual employees etc. s 66AAA — Object of this Division s 66AAB — Employee notification s 66AAC — Employer response s 66AAD — Effect of employer acceptance of employee notification s 66K — Effect of change s 66L — Other rights and obligations s 66M — Disputes about the operation of this Division s 66MA — Arbitration s 67 — General rule—employee must have completed at least 12 months of service s 68 — General rule for adoption‑related leave—child must be under 16 etc. s 69 — Transfer of employment situations in which employee is entitled to continue on leave etc. s 70 — Entitlement to unpaid parental leave s 71 — The period of leave s 72A — Flexible unpaid parental leave s 73 — Pregnant employee may be required to take unpaid parental leave within 6 weeks before the birth s 74 — Notice and evidence requirements s 75 — Extending period of unpaid parental leave—extending to use more of available parental leave period s 76 — Extending period of unpaid parental leave—extending for up to 12 months beyond available parental leave period s 76A — Responding to requests for extension of unpaid parental leave s 76B — Disputes about extension of period of unpaid parental leave s 76C — Arbitration s 77 — Reducing period of unpaid parental leave s 77A — Effect of stillbirth or death of child on unpaid parental leave s 78 — Employee who ceases to have responsibility for care of child s 78A — Hospitalised children s 79 — Interaction with paid leave s 79A — Keeping in touch days s 79B — Unpaid parental leave not extended by paid leave or keeping in touch days s 80 — Unpaid special parental leave s 81 — Transfer to a safe job s 81A — Paid no safe job leave s 82 — Employee on paid no safe job leave may be asked to provide a further medical certificate s 82A — Unpaid no safe job leave s 83 — Consultation with employee on unpaid parental leave s 84 — Return to work guarantee s 84A — Replacement employees s 85 — Unpaid pre‑adoption leave s 86 — Division applies to employees other than casual employees s 87 — Entitlement to annual leave s 88 — Taking paid annual leave s 89 — Employee not taken to be on paid annual leave at certain times s 90 — Payment for annual leave s 91 — Transfer of employment situations that affect entitlement to payment for period of untaken paid annual leave s 92 — Paid annual leave must not be cashed out except in accordance with permitted cashing out terms s 93 — Modern awards and enterprise agreements may include terms relating to cashing out and taking paid annual leave s 94 — Cashing out and taking paid annual leave for award/agreement free employees s 95 — Subdivision applies to employees other than casual employees s 96 — Entitlement to paid personal/carer’s leave s 97 — Taking paid personal/carer’s leave s 98 — Employee taken not to be on paid personal/carer’s leave at certain times s 99 — Payment for paid personal/carer’s leave s 100 — Paid personal/carer’s leave must not be cashed out except in accordance with permitted cashing out terms s 101 — Modern awards and enterprise agreements may include terms relating to cashing out paid personal/carer’s leave s 102 — Entitlement to unpaid carer’s leave s 103 — Taking unpaid carer’s leave s 104 — Entitlement to compassionate leave s 105 — Taking compassionate leave s 106 — Payment for compassionate leave (other than for casual employees) s 106A — Entitlement to paid family and domestic violence leave s 106B — Taking paid family and domestic violence leave s 106BA — Payment for paid family and domestic violence leave s 106C — Confidentiality s 106D — Operation of paid family and domestic violence leave and leave for victims of crime s 106E — Entitlement to days of leave s 107 — Notice and evidence requirements s 108 — Entitlement to be absent from employment for engaging in eligible community service activity s 109 — Meaning of eligible community service activity s 110 — Notice and evidence requirements s 111 — Payment to employees (other than casuals) on jury service s 112 — State and Territory laws that are not excluded s 113 — Entitlement to long service leave s 113A — Enterprise agreements may contain terms discounting service under prior agreements etc. in certain circumstances s 114 — Entitlement to be absent from employment on public holiday s 115 — Meaning of public holiday s 116 — Payment for absence on public holiday s 116A — Division does not apply to certain employees or employers in referring States s 116B — Employer’s obligation to make superannuation contributions s 116C — Reduction of employer’s liability to the extent of superannuation charge payments s 116D — Preventing multiple actions s 116E — Orders for compensation s 117 — Requirement for notice of termination or payment in lieu s 118 — Modern awards and enterprise agreements may provide for notice of termination by employees s 119 — Redundancy pay s 120 — Variation of redundancy pay for other employment or incapacity to pay s 121 — Exclusions from obligation to pay redundancy pay s 122 — Transfer of employment situations that affect the obligation to pay redundancy pay s 123 — Limits on scope of this Division s 124 — Fair Work Ombudsman to prepare and publish Fair Work Information Statement s 125 — Giving new employees the Fair Work Information Statement s 125A — Fair Work Ombudsman to prepare and publish Casual Employment Information Statement s 125B — Giving employees the Casual Employment Information Statement s 126 — Modern awards and enterprise agreements may provide for school‑based apprentices and trainees to be paid loadings in lieu s 127 — Regulations about what modern awards and enterprise agreements can do s 128 — Relationship between National Employment Standards and agreements etc. permitted by this Part for award/agreement free employees s 129 — Regulations about what can be agreed to etc. in relation to award/agreement free employees s 130 — Restriction on taking or accruing leave or absence while receiving workers’ compensation s 131 — Relationship with other Commonwealth laws s 132 — Guide to this Part s 133 — Meanings of employee and employer s 134 — The modern awards objective s 135 — Special provisions relating to modern award minimum wages s 135A — Special provisions relating to penalty rates and overtime rates s 136 — What can be included in modern awards s 137 — Terms that contravene section 136 have no effect s 138 — Achieving the modern awards objective s 139 — Terms that may be included in modern awards—general s 140 — Outworker terms s 141 — Industry‑specific redundancy schemes s 141A — Terms permitting fixed term contracts s 142 — Incidental and machinery terms s 143 — Coverage terms of modern awards other than modern enterprise awards and State reference public sector modern awards s 143A — Coverage terms of modern enterprise awards s 143B — Coverage terms of State reference public sector modern awards s 144 — Flexibility terms s 145 — Effect of individual flexibility arrangement that does not meet requirements of flexibility term s 145A — Consultation about changes to rosters or hours of work s 146 — Terms about settling disputes s 147 — Ordinary hours of work s 148 — Base and full rates of pay for pieceworkers s 149 — Automatic variation of allowances s 149B — Term requiring avoidance of liability to pay superannuation guarantee charge s 149C — Default fund terms s 149D — Default fund term must provide for contributions to be made to certain funds s 149E — Workplace delegates’ rights s 149F — Right to disconnect s 150 — Objectionable terms s 151 — Terms about payments and deductions for benefit of employer etc. s 152 — Terms about right of entry s 153 — Terms that are discriminatory s 154 — Terms that contain State‑based differences s 155 — Terms dealing with long service leave s 156A — 4 yearly reviews of default fund terms s 156B — Making the Default Superannuation List s 156C — Applications to list a standard MySuper product s 156D — Submissions on applications to list a standard MySuper product s 156E — Determining applications to list a standard MySuper product s 156F — First stage criteria s 156G — Review of the default fund term of modern awards s 156H — Default fund term must specify certain superannuation funds s 156J — Variation to comply with section 149D s 156K — Transitional authorisation for certain superannuation funds s 156L — The Schedule of Approved Employer MySuper Products s 156M — FWC to invite applications to include employer MySuper products on schedule s 156N — Making applications to include employer MySuper products on schedule s 156P — FWC to determine applications s 156Q — The first stage test s 156R — Submissions about the first stage test s 156S — The second stage test s 156T — Submissions about the second stage test s 156U — Publishing documents under this Division s 157 — FWC may vary etc. modern awards if necessary to achieve modern awards objective s 158 — Applications to vary, revoke or make modern award s 159 — Variation of modern award to update or omit name of employer, organisation or outworker entity s 159A — Variation of default fund term of modern award s 160 — Variation of modern award to remove ambiguity or uncertainty or correct error s 161 — Variation of modern award on referral by Australian Human Rights Commission s 162 — General s 163 — Special criteria relating to changing coverage of modern awards s 164 — Special criteria for revoking modern awards s 165 — When variation determinations come into operation, other than determinations setting, varying or revoking modern award minimum wages s 166 — When variation determinations setting, varying or revoking modern award minimum wages come into operation s 167 — Special rules relating to retrospective variations of awards s 168 — Varied modern award must be published s 168A — Modern enterprise awards s 168B — The modern enterprise awards objective s 168C — Rules about making and revoking modern enterprise awards s 168D — Rules about changing coverage of modern enterprise awards s 168E — State reference public sector modern awards s 168F — The State reference public sector modern awards objective s 168G — Making State reference public sector modern awards on application s 168H — State reference public sector modern awards may contain State‑based differences s 168J — When State reference public sector modern awards come into operation s 168K — Rules about revoking State reference public sector modern awards s 168L — Rules about varying coverage of State reference public sector modern awards s 169 — Guide to this Part s 170 — Meanings of employee and employer s 171 — Objects of this Part s 172 — Making an enterprise agreement s 172A — Special measures to achieve equality s 173 — Notice of employee representational rights s 174 — Content and form of notice of employee representational rights s 176 — Bargaining representatives for proposed enterprise agreements that are not greenfields agreements s 177 — Bargaining representatives for proposed enterprise agreements that are greenfields agreements s 177A — Restrictions on removed persons being bargaining representatives s 178 — Appointment of bargaining representatives—other matters s 178A — Revocation of appointment of bargaining representatives etc. s 178B — Notified negotiation period for a proposed single‑enterprise agreement that is a greenfields agreement s 179 — Disclosure by organisations that are bargaining representatives s 179A — Disclosure by employers s 180 — Certain pre‑approval requirements s 180A — Agreement of bargaining representatives that are employee organisations—proposed multi‑enterprise agreements s 180B — Agreement of bargaining representatives that are employee organisations—certain proposed single‑enterprise agreements s 181 — Employers may request employees to approve a proposed enterprise agreement s 182 — When an enterprise agreement is made s 183 — Entitlement of an employee organisation to have an enterprise agreement cover it s 184 — Multi‑enterprise agreement to be varied if not all employees approve the agreement s 185 — Bargaining representative must apply for the FWC’s approval of an enterprise agreement s 185A — Material that must accompany an application under subsection 182(4) for approval of a greenfields agreement s 186 — When the FWC must approve an enterprise agreement—general requirements s 187 — When the FWC must approve an enterprise agreement—additional requirements s 188 — Determining whether an enterprise agreement has been genuinely agreed to by employees s 188A — Disclosure documents s 188B — Statement of principles on genuine agreement s 189 — FWC may approve an enterprise agreement that does not pass better off overall test—public interest test s 190 — FWC may approve an enterprise agreement with undertakings s 191 — Effect of undertakings s 191A — FWC may approve an enterprise agreement with amendments s 191B — Effect of amendment specified by FWC s 192 — When the FWC may refuse to approve an enterprise agreement s 193 — Passing the better off overall test s 193A — Applying the better off overall test s 194 — Meaning of unlawful term s 195 — Meaning of discriminatory term s 195A — Meaning of objectionable emergency management term s 196 — Shiftworkers s 197 — Pieceworkers—enterprise agreement includes pieceworker term s 198 — Pieceworkers—enterprise agreement does not include a pieceworker term s 199 — School‑based apprentices and school‑based trainees s 200 — Outworkers s 201 — Approval decision to note certain matters s 202 — Enterprise agreements to include a flexibility term etc. s 203 — Requirements to be met by a flexibility term s 204 — Effect of arrangement that does not meet requirements of flexibility term s 205 — Enterprise agreements to include a consultation term etc. s 205A — Enterprise agreements to include a delegates’ rights term etc. s 206 — Base rate of pay under an enterprise agreement must not be less than the modern award rate or the national minimum wage order rate etc. s 207 — Variation of an enterprise agreement may be made by employers and employees s 207A — Agreement of employee organisations covered by the agreement s 208 — Employers may request employees to approve a proposed variation of an enterprise agreement s 209 — When a variation of an enterprise agreement is made s 210 — Application for the FWC’s approval of a variation of an enterprise agreement s 211 — When the FWC must approve a variation of an enterprise agreement s 212 — FWC may approve a variation of an enterprise agreement with undertakings s 213 — Effect of undertakings s 213A — FWC may approve variation with amendments s 213B — Effect of amendment specified by FWC s 214 — When the FWC may refuse to approve a variation of an enterprise agreement s 215 — Approval decision to note undertakings s 215A — Approval decision to note amendments s 216 — When variation comes into operation s 216A — Variation of supported bargaining agreement to add employer and employees s 216AAA — Terms of variation must be explained to employees s 216AA — Application for the FWC’s approval of a variation of a supported bargaining agreement to add employer and employees s 216AB — When the FWC must approve a variation of a supported bargaining agreement to add employer and employees s 216AC — Determining whether the FWC would have been required to make a supported bargaining authorisation s 216AD — Determining whether a variation of a supported bargaining agreement to add employer and employees has been genuinely agreed to by affected employees s 216AE — When the FWC may refuse to approve a variation of a supported bargaining agreement to add employer and employees s 216AF — When variation comes into operation s 216B — Application for the FWC to vary a supported bargaining agreement to add employer and employees s 216BA — When the FWC must make a variation of a supported bargaining agreement to add employer and employees s 216BB — When the FWC may refuse to make a variation of a supported bargaining agreement to add employer and employees s 216BC — When variation comes into operation s 216C — Variation of cooperative workplace agreement to add employer and employees s 216CAA — Terms of the variation must be explained to employees s 216CA — Application for the FWC’s approval of a variation of a cooperative workplace agreement to add employer and employees s 216CB — When the FWC must approve a variation of a cooperative workplace agreement to add employer and employees s 216CC — Determining whether a variation of a cooperative workplace agreement to add employer and employees has been genuinely agreed to by affected employees s 216CD — When the FWC may refuse to approve a variation of a cooperative workplace agreement s 216CE — When variation comes into operation s 216D — Variation of single interest employer agreement to add employer and employees—joint variation s 216DAA — Terms of variation must be explained to employees s 216DA — Application for the FWC’s approval of a variation of a single interest employer agreement to add employer and employees—joint variation s 216DB — Application for the FWC’s approval of a variation of a single interest employer agreement to add employer and employees—application by employee organisation s 216DC — When the FWC must approve a variation of a single interest employer agreement to add employer and employees s 216DD — Determining whether a variation of a single interest employer agreement to add employer and employees has been genuinely agreed to by affected employees s 216DE — When the FWC may refuse to approve a variation of a single interest employer agreement s 216DF — When variation comes into operation s 216E — Variation of multi‑enterprise agreement to remove employer and employees with consent s 216EA — Application for the FWC’s approval of variation s 216EB — When the FWC must approve variation of multi‑enterprise agreement to remove employer and employees s 216EC — When variation comes into operation s 216ED — Effect of variation s 217 — Variation of an enterprise agreement to remove an ambiguity or uncertainty s 217A — FWC may deal with certain disputes about variations s 218 — Variation of an enterprise agreement on referral by Australian Human Rights Commission s 218A — Variation of enterprise agreements to correct or amend errors, defects or irregularities s 219 — Employers and employees may agree to terminate an enterprise agreement s 220 — Employers may request employees to approve a proposed termination of an enterprise agreement s 221 — When termination of an enterprise agreement is agreed to s 222 — Application for the FWC’s approval of a termination of an enterprise agreement s 223 — When the FWC must approve a termination of an enterprise agreement s 224 — When termination comes into operation s 225 — Application for termination of an enterprise agreement after its nominal expiry date s 226 — Terminating an enterprise agreement after its nominal expiry date s 226A — Guarantee of termination entitlements s 227 — When termination comes into operation s 227A — Application for FWC to reconsider whether an enterprise agreement passes the better off overall test s 227B — Reconsideration of whether an enterprise agreement passes the better off overall test s 227C — Effect of undertakings s 227D — Effect of amendment s 227E — No creation of liability to pay pecuniary penalty for past conduct s 228 — Bargaining representatives must meet the good faith bargaining requirements s 229 — Applications for bargaining orders s 230 — When the FWC may make a bargaining order s 231 — What a bargaining order must specify s 232 — Operation of a bargaining order s 233 — Contravening a bargaining order s 234 — Applications for intractable bargaining declarations s 235 — When the FWC may make an intractable bargaining declaration s 235A — Post‑declaration negotiating period s 236 — Majority support determinations s 237 — When the FWC must make a majority support determination s 238 — Scope orders s 239 — Operation of a scope order s 240 — Application for the FWC to deal with a bargaining dispute s 240A — Application to FWC for voting request order s 240B — FWC must make voting request order s 241 — Objects of this Division s 242 — Supported bargaining authorisations s 243 — When the FWC must make a supported bargaining authorisation s 243A — Restrictions on making supported bargaining authorisations s 244 — Variation of supported bargaining authorisations—general s 245 — Variation of supported bargaining authorisations—enterprise agreement etc. comes into operation s 246 — FWC’s assistance s 248 — Single interest employer authorisations s 249 — When the FWC must make a single interest employer authorisation s 249A — Restriction on making single interest employer authorisations s 250 — What a single interest employer authorisation must specify s 251 — Variation of single interest employer authorisations s 251A — Restriction on variation of single interest employer authorisation s 252 — Variation to extend period single interest employer authorisation is in operation s 253 — Terms of an enterprise agreement that are of no effect s 254 — Applications by bargaining representatives s 254A — Entitlement for volunteer bodies to make submissions s 255 — Part does not empower the FWC to make certain orders s 255A — Limitations relating to greenfields agreements s 256 — Prospective employers and employees s 256A — How employees, employers and employee organisations are to be described s 257 — Enterprise agreements may incorporate material in force from time to time etc. s 258 — Guide to this Part s 259 — Meanings of employee and employer s 266 — When the FWC must make an industrial action related workplace determination s 267 — Terms etc. of an industrial action related workplace determination s 268 — No other terms s 269 — When the FWC must make an intractable bargaining workplace determination s 270 — Terms etc. of an intractable bargaining workplace determination s 270A — Terms dealing with matters at issue s 271 — No other terms s 272 — Core terms of workplace determinations s 273 — Mandatory terms of workplace determinations s 274 — Agreed terms for workplace determinations s 275 — Factors the FWC must take into account in deciding terms of a workplace determination s 276 — When a workplace determination operates etc. s 277 — Employers, employees and employee organisations covered by a workplace determination s 278 — Interaction of a workplace determination with enterprise agreements etc. s 279 — Act applies to a workplace determination as if it were an enterprise agreement s 280 — Contravening a workplace determination s 281 — Applications by bargaining representatives s 281AA — Entitlement for volunteer bodies to make submissions s 281A — How employees, employers and employee organisations are to be described s 282 — Guide to this Part s 283 — Meanings of employee and employer s 284 — The minimum wages objective s 285 — Annual wage reviews to be conducted s 286 — When annual wage review determinations varying modern awards come into operation s 287 — When national minimum wage orders come into operation etc. s 288 — General s 289 — Everyone to have a reasonable opportunity to make and comment on submissions s 290 — President may direct investigations and reports s 291 — Research must be published s 292 — Varied wage rates must be published s 293 — Contravening a national minimum wage order s 294 — Content of national minimum wage order—main provisions s 295 — Content of national minimum wage order—other matters s 296 — Variation of national minimum wage order to remove ambiguity or uncertainty or correct error s 297 — When determinations varying national minimum wage orders come into operation s 298 — Special rule about retrospective variations of national minimum wage orders s 299 — When a national minimum wage order is in operation s 300 — Guide to this Part s 301 — Meanings of employee and employer s 302 — FWC may make an order requiring equal remuneration s 303 — Equal remuneration order may increase, but must not reduce, rates of remuneration s 304 — Equal remuneration order may implement equal remuneration in stages s 305 — Contravening an equal remuneration order s 306 — Inconsistency with modern awards, enterprise agreements and orders of the FWC s 306A — Guide to this Part s 306B — Meanings of employee and employer s 306C — Meaning of regulated host s 306D — References to kinds of work and work performed for a person etc. s 306E — FWC may make a regulated labour hire arrangement order s 306EA — Regulated labour hire arrangement order may cover additional arrangements s 306EB — Application of regulated labour hire arrangement order to new covered employment instrument s 306EC — Notification requirements in relation to new covered employment instrument s 306ED — Varying regulated labour hire arrangement order to cover new employers s 306EE — Notifying tenderers etc. of regulated labour hire arrangement order s 306F — Protected rate of pay payable to employees if a regulated labour hire arrangement order is in force s 306G — Exceptions from requirement to pay protected rate of pay s 306H — Obligations of regulated hosts covered by a regulated labour hire arrangement order s 306J — Determination altering exemption period for short‑term arrangements s 306K — Determination of recurring extended exemption period s 306L — Making and effect of determinations under this Subdivision s 306M — Making an alternative protected rate of pay order s 306N — Effect of alternative protected rate of pay order s 306NA — Determining amounts of payments relating to termination of employment s 306P — Disputes about the operation of this Part s 306Q — Dealing with disputes by arbitration s 306R — Application fees s 306S — Preventing making of regulated labour hire arrangement orders s 306SA — Avoidance of application of regulated labour hire arrangement orders s 306T — Short‑term arrangements—engaging other employees s 306U — Short‑term arrangements—entering into other labour hire agreements s 306V — Engaging independent contractors s 306W — Guidelines s 307 — Guide to this Part s 308 — Meanings of employee and employer s 309 — Object of this Part s 310 — Application of this Division s 311 — When does a transfer of business occur s 312 — Instruments that may transfer s 313 — Transferring employees and new employer covered by transferable instrument s 314 — New non‑transferring employees of new employer may be covered by transferable instrument s 315 — Organisations covered by transferable instrument s 316 — Transferring employees who are high income employees s 317 — FWC may make orders in relation to a transfer of business s 318 — Orders relating to instruments covering new employer and transferring employees s 319 — Orders relating to instruments covering new employer and non‑transferring employees s 320 — Variation of transferable instruments s 321 — Guide to this Part s 322 — Meanings of employee and employer s 323 — Method and frequency of payment s 324 — Permitted deductions s 325 — Unreasonable requirements to spend or pay amount s 326 — Certain terms have no effect s 327 — Things given or provided, and amounts required to be spent or paid, in contravention of this Subdivision s 327A — Offence—failing to pay certain amounts as required s 327B — The Voluntary Small Business Wage Compliance Code s 327C — Commencing proceedings for certain offences against this Act s 328 — Employer obligations in relation to guarantee of annual earnings s 329 — High income employee s 330 — Guarantee of annual earnings and annual rate of guarantee s 331 — Guaranteed period s 332 — Earnings s 333 — High income threshold s 333A — Prospective employees s 333B — Employees not subject to pay secrecy s 333C — Pay secrecy terms to have no effect s 333D — Prohibition on pay secrecy terms s 333E — Limitations s 333F — Exceptions to limitations s 333G — Effect of entering prohibited fixed term contract s 333H — Anti‑avoidance s 333J — Fixed Term Contract Information Statement s 333K — Giving new employees the Fixed Term Contract Information Statement s 333L — Disputes about the operation of this Division s 333M — Employee right to disconnect s 333N — Disputes about the employee right to disconnect s 333P — Orders to stop refusing contact or to stop taking certain actions s 333Q — Contravening an order s 333R — Actions under work health and safety laws permitted s 333S — This Subdivision is not to prejudice Australia’s defence, national security etc. s 333T — Declarations by the Director‑General of Security s 333U — Declarations by the Director‑General of ASIS s 333V — Dealing with disputes in other ways s 333W — Guidelines s 333X — Employer‑funded paid parental leave—preserved if child is stillborn or dies s 334 — Guide to this Part s 335 — Meanings of employee and employer s 336 — Objects of this Part s 337 — Application of this Part s 338 — Action to which this Part applies s 338A — Meaning of independent contractor s 339 — Additional effect of this Part s 340 — Protection s 341 — Meaning of workplace right s 342 — Meaning of adverse action s 343 — Coercion s 344 — Undue influence or pressure s 345 — Misrepresentations s 346 — Protection s 347 — Meaning of engages in industrial activity s 348 — Coercion s 349 — Misrepresentations s 350 — Inducements—membership action s 350A — Protection for workplace delegates s 350B — Protection for workplace delegates—regulated workers s 350C — Workplace delegates and their rights s 351 — Discrimination s 352 — Temporary absence—illness or injury s 353 — Bargaining services fees s 354 — Coverage by particular instruments s 355 — Coercion—allocation of duties etc. to particular person s 356 — Objectionable terms s 357 — Misrepresenting employment as independent contracting arrangement s 358 — Dismissing to engage as independent contractor s 359 — Misrepresentation to engage as independent contractor s 359B — Dismissing to engage as casual employee s 359C — Misrepresentation to engage as casual employee s 360 — Multiple reasons for action s 361 — Reason for action to be presumed unless proved otherwise s 362 — Advising, encouraging, inciting or coercing action s 363 — Actions of industrial associations s 364 — Unincorporated industrial associations s 365 — Application for the FWC to deal with a dismissal dispute s 366 — Time for application s 367 — Application fees s 368 — Dealing with a dismissal dispute (other than by arbitration) s 369 — Dealing with a dismissal dispute by arbitration s 370 — Taking a dismissal dispute to court s 372 — Application for the FWC to deal with a non‑dismissal dispute s 373 — Application fees s 374 — Conferences s 375 — Advice on general protections court application s 375A — Appeal rights s 375B — Costs orders against parties s 376 — Costs orders against lawyers and paid agents s 377 — Applications for costs orders s 377A — Schedule of costs s 378 — Contravening costs orders s 379 — Guide to this Part s 380 — Meanings of employee and employer s 381 — Object of this Part s 382 — When a person is protected from unfair dismissal s 383 — Meaning of minimum employment period s 384 — Period of employment s 385 — What is an unfair dismissal s 386 — Meaning of dismissed s 387 — Criteria for considering harshness etc. s 388 — The Small Business Fair Dismissal Code s 389 — Meaning of genuine redundancy s 390 — When the FWC may order remedy for unfair dismissal s 391 — Remedy—reinstatement etc. s 392 — Remedy—compensation s 393 — Monetary orders may be in instalments s 394 — Application for unfair dismissal remedy s 395 — Application fees s 396 — Initial matters to be considered before merits s 397 — Matters involving contested facts s 398 — Conferences s 399 — Hearings s 399A — Dismissing applications s 400 — Appeal rights s 400A — Costs orders against parties s 401 — Costs orders against lawyers and paid agents s 402 — Applications for costs orders s 403 — Schedule of costs s 404 — Security for costs s 405 — Contravening orders under this Part s 406 — Guide to this Part s 407 — Meanings of employee and employer s 408 — Protected industrial action s 409 — Employee claim action s 410 — Employee response action s 411 — Employer response action s 412 — Pattern bargaining s 413 — Common requirements that apply for industrial action to be protected industrial action s 414 — Notice requirements for industrial action s 415 — Immunity provision s 416 — Employer response action—employer may refuse to make payments to employees s 416A — Employer response action does not affect continuity of employment s 417 — Industrial action must not be organised or engaged in before nominal expiry date of enterprise agreement etc. s 418 — FWC must order that industrial action by employees or employers stop etc. s 419 — FWC must order that industrial action by non‑national system employees or non‑national system employers stop etc. s 420 — Interim orders etc. s 421 — Contravening an order etc. s 422 — Injunction against industrial action if a bargaining representative is engaging in pattern bargaining s 423 — FWC may suspend or terminate protected industrial action—significant economic harm etc. s 424 — FWC must suspend or terminate protected industrial action—endangering life etc. s 425 — FWC must suspend protected industrial action—cooling off s 426 — FWC must suspend protected industrial action—significant harm to a third party s 427 — FWC must specify the period of suspension s 428 — Extension of a period of suspension s 429 — Employee claim action without a further protected action ballot after a period of suspension etc. s 430 — Notice of employee claim action engaged in after a period of suspension etc. s 431 — Ministerial declaration terminating industrial action s 432 — Informing people of declaration s 433 — Ministerial directions to remove or reduce threat s 434 — Contravening a Ministerial direction s 435 — Guide to this Division s 436 — Object of this Division s 437 — Application for a protected action ballot order s 437A — Application for a protected action ballot order—multi‑enterprise agreements s 438 — Restriction on when application may be made s 439 — Joint applications s 440 — Notice of application s 441 — Application to be determined within 2 days after it is made s 442 — Dealing with multiple applications together s 443 — When the FWC must make a protected action ballot order s 444 — Ballot agent and independent advisor s 445 — Notice of protected action ballot order s 446 — Protected action ballot order may require 2 or more protected action ballots to be held at the same time s 447 — Variation of protected action ballot order s 448 — Revocation of protected action ballot order s 448A — FWC must conduct conferences s 449 — Conduct of protected action ballot s 450 — Directions for conduct of protected action ballot s 451 — Timetable for protected action ballot s 452 — Compilation of roll of voters s 453 — Who is eligible to be included on the roll of voters s 454 — Variation of roll of voters s 455 — Protected action ballot papers s 456 — Who may vote in protected action ballot s 457 — Results of protected action ballot s 458 — Report about conduct of protected action ballot s 459 — Circumstances in which industrial action is authorised by protected action ballot s 460 — Immunity for persons who act in good faith on protected action ballot results s 461 — Validity of protected action ballot etc. not affected by technical breaches s 462 — Interferences etc. with protected action ballot s 463 — Contravening a protected action ballot order etc. s 464 — Costs of protected action ballot conducted by the Australian Electoral Commission s 465 — Costs of protected action ballot conducted by protected action ballot agent other than the Australian Electoral Commission s 466 — Costs of legal challenges s 467 — Information about employees on roll of voters not to be disclosed s 468 — Records s 468A — Eligible protected action ballot agents s 469 — Regulations s 470 — Payments not to be made relating to certain periods of industrial action s 471 — Payments relating to partial work bans s 472 — Orders by the FWC relating to certain partial work bans s 473 — Accepting or seeking payments relating to periods of industrial action s 474 — Payments not to be made relating to certain periods of industrial action s 475 — Accepting or seeking payments relating to periods of industrial action s 476 — Other responses to industrial action unaffected s 477 — Applications by bargaining representatives s 478 — Guide to this Part s 479 — Meanings of employee and employer s 480 — Object of this Part s 481 — Entry to investigate suspected contravention s 482 — Rights that may be exercised while on premises s 483 — Later access to record or document s 483AA — Application to the FWC for access to non‑member records s 483A — Entry to investigate suspected contravention relating to TCF award workers s 483B — Rights that may be exercised while on premises s 483C — Later access to record or document s 483D — Entry onto other premises to access records and documents s 483E — Later access to record or document—other premises s 484 — Entry to hold discussions s 486 — Permit holder must not contravene this Subdivision s 487 — Giving entry notice or exemption certificate s 488 — Contravening entry permit conditions s 489 — Producing authority documents s 490 — When right may be exercised s 491 — Occupational health and safety requirements s 492 — Location of interviews and discussions s 492A — Route to location of interview and discussions s 493 — Residential premises s 494 — Official must be permit holder to exercise State or Territory OHS right s 495 — Giving notice of entry s 496 — Contravening entry permit conditions s 497 — Producing entry permit s 498 — When right may be exercised s 499 — Occupational health and safety requirements s 500 — Permit holder must not hinder or obstruct s 501 — Person must not refuse or delay entry s 502 — Person must not hinder or obstruct permit holder etc. s 503 — Misrepresentations about things authorised by this Part s 504 — Unauthorised use or disclosure of information or documents s 505 — FWC may deal with a dispute about the operation of this Part s 505A — FWC may deal with a dispute about frequency of entry to hold discussions s 506 — Contravening order made to deal with dispute s 507 — FWC may take action against permit holder s 508 — FWC may restrict rights if organisation or official has misused rights s 509 — Contravening order made for misuse of rights s 510 — When the FWC must impose conditions on, revoke or suspend entry permits s 511 — General rules for suspending entry permits s 512 — FWC may issue entry permits s 513 — Considering application s 514 — When the FWC must not issue permit s 515 — Conditions on entry permit s 516 — Expiry of entry permit s 517 — Return of entry permits to the FWC s 518 — Entry notice requirements s 519 — Exemption certificates s 520 — Affected member certificates s 521 — Regulations dealing with instruments under this Part s 521A — Meaning of accommodation arrangement s 521B — Meaning of transport arrangement s 521C — Accommodation arrangements for remote areas s 521D — Transport arrangements for remote areas s 522 — Guide to this Part s 523 — Meanings of employee and employer s 524 — Employer may stand down employees in certain circumstances s 525 — Employee not stood down during a period of authorised leave or absence s 526 — FWC may deal with a dispute about the operation of this Part s 527 — Contravening an FWC order dealing with a dispute about the operation of this Part s 527A — Guide to this Part s 527B — Meaning of employee and employer s 527C — Object of this Part s 527CA — Concurrent operation of State and Territory laws s 527D — Prohibiting sexual harassment in connection with work s 527E — Vicarious liability etc. s 527F — Application for the FWC to deal with a sexual harassment dispute s 527G — Time for application s 527H — Application fees s 527J — Stop sexual harassment orders s 527K — Contravening a stop sexual harassment order s 527L — Actions under work health and safety laws permitted s 527M — This Subdivision is not to prejudice Australia’s defence, national security etc. s 527N — Declarations by the Chief of the Defence Force s 527P — Declarations by the Director‑General of Security s 527Q — Declarations by the Director‑General of ASIS s 527R — Dealing with a sexual harassment dispute (other than by arbitration) s 527S — Dealing with a sexual harassment dispute by arbitration s 527T — Limitation on taking a sexual harassment dispute to court s 528 — Guide to this Part s 529 — Meanings of employee and employer s 530 — Employer to notify Centrelink of certain proposed dismissals s 531 — FWC may make orders where failure to notify or consult registered employee associations about dismissals s 532 — Orders that the FWC may make s 533 — Application for an FWC order s 534 — Limits on scope of this Division s 535 — Employer obligations in relation to employee records s 536 — Employer obligations in relation to pay slips s 536AA — Employer obligations in relation to advertising rates of pay s 536A — Guide to this Part s 536B — Meanings of employee and employer s 536C — Concurrent operation of State and Territory laws s 536CA — Dishonesty s 536D — Giving, receiving or soliciting a corrupting benefit s 536E — Meaning of registered organisations officer or employee s 536F — Giving a cash or in kind payment s 536G — Receiving or soliciting a cash or in kind payment s 536H — Implied freedom of political communication s 536J — Guide to this Part s 536JA — Meaning of employee and employer s 536JB — Contravening a minimum standards order s 536JC — The significance of a minimum standards order applying to a person s 536JD — When a minimum standards order applies to a person s 536JE — When a minimum standards order covers a regulated worker or a regulated business s 536JF — When a minimum standards order is in operation s 536JG — When minimum standards guidelines cover a regulated worker or a regulated business s 536JH — When minimum standards guidelines are in operation s 536JJ — Contravening a collective agreement s 536JK — The significance of a collective agreement applying to a person s 536JL — When a collective agreement applies to a person s 536JM — When a collective agreement covers a regulated worker, a regulated business or an organisation s 536JN — When a collective agreement is in operation s 536JP — Exclusion of certain State and Territory laws s 536JQ — What are workplace relations matters s 536JR — What is an unfairness ground s 536JS — Interaction of minimum standards orders with State and Territory laws s 536JT — Authorisation of conduct for the purposes of the Competition and Consumer Act 2010 s 536JV — Guide to this Part s 536JW — Meaning of employee and employer s 536JX — The minimum standards objective s 536JY — Minimum standards orders s 536JZ — Applications for minimum standards orders s 536K — Particular matters FWC must take into account in making a decision on an employee‑like worker minimum standards order s 536KAA — FWC to prepare and publish a draft of an employee‑like worker minimum standards order s 536KAB — Affected entities to have a reasonable opportunity to make submissions on a draft employee‑like worker minimum standards order s 536KAC — Hearings in relation to draft order s 536KAD — Finalising draft order s 536KAE — Decision not to make order based on the draft s 536KA — Particular matters FWC must take into account in making a decision on a road transport minimum standards order s 536KB — FWC to prepare and publish a draft of a road transport minimum standards order s 536KC — Affected persons and bodies to have a reasonable opportunity to make and comment on a draft road transport minimum standards order s 536KD — Hearings in relation to draft order s 536KE — Finalising draft order s 536KF — Decision not to make order based on the draft s 536KG — Decisions on applications for minimum standards orders s 536KH — Terms that must be included in an employee‑like worker minimum standards order s 536KJ — Terms that must be included in a road transport minimum standards order s 536KK — Term about settling disputes must be included in a minimum standards order s 536KL — Terms that may be included in a minimum standards order s 536KM — Terms that must not be included in a minimum standards order s 536KMA — Further terms that must not be included in an employee‑like worker minimum standards order s 536KN — Further terms that must not be included in a road transport minimum standards order s 536KO — Achieving the minimum standards objective s 536KP — Applications to vary or revoke minimum standards orders s 536KQ — FWC may vary or revoke minimum standards orders if consistent with the minimum standards objective s 536KQA — Minister may make a declaration deferring the operation or application of a minimum standards order s 536KQB — Limitations on making a deferral declaration s 536KQC — Operation of a minimum standards order during deferral s 536KQD — Minister may make a declaration suspending a minimum standards order s 536KQE — Suspension declaration must be made within 12 months of certain dates s 536KQF — Operation of a minimum standards order during suspension s 536KQG — Consultation requirements s 536KQH — Applications for a deferral determination for a road transport minimum standards order s 536KQJ — FWC may make a determination deferring the operation or application of a road transport minimum standards order s 536KQK — Limitations on making a deferral determination s 536KQL — Decision on an application for a deferral determination in relation to a road transport minimum standards orders s 536KQM — Operation of a road transport minimum standards order during deferral s 536KQN — Applications for a suspension determination for a road transport minimum standards order s 536KQP — FWC may make a determination suspending a road transport minimum standards order s 536KQQ — Decision on an application for a suspension determination in relation to a road transport minimum standards orders s 536KQR — Operation of a road transport minimum standards order during suspension s 536KQS — FWC must consider whether to vary or revoke a minimum standards order that has been deferred or suspended s 536KQT — FWC to prepare and publish a notice relating to proposed variation or revocation of a road transport minimum standards order s 536KQU — Affected entities to have a reasonable opportunity to make submissions and comment on a proposed variation or revocation of a road transport minimum standards order s 536KQV — Finalising draft order s 536KQW — FWC to prepare and publish a notice relating to a proposed variation or revocation of an employee‑like worker minimum standards order s 536KQX — Affected entities to have a reasonable opportunity to make submissions and comment on a proposed variation or revocation of an employee‑like worker minimum standards order s 536KQY — Finalising draft order s 536KR — Minimum standards guidelines s 536KS — Applications for minimum standards guidelines s 536KT — Initial matter to be considered for employee‑like worker minimum standards guidelines s 536KU — Decisions on applications for minimum standards guidelines s 536KV — Minimum standards guidelines not to be made if a minimum standards order is in operation s 536KW — Terms that must be included in minimum standards guidelines s 536KX — Terms that may be included in minimum standards guidelines s 536KY — Terms that must not be included in minimum standards guidelines s 536KZ — FWC may vary or revoke minimum standards guidelines if consistent with the minimum standards objective and the road transport objective s 536L — Applications to vary or revoke minimum standards guidelines s 536LB — Guide to this Part s 536LC — Object of this Part s 536LD — When a person is protected from unfair deactivation s 536LE — When a person is protected from unfair termination s 536LF — What is an unfair deactivation s 536LG — Meaning of deactivated s 536LH — Criteria for considering whether a deactivation was unfair etc. s 536LJ — Minister to make a Digital Labour Platform Deactivation Code s 536LK — What is an unfair termination s 536LL — Meaning of terminated s 536LM — Criteria for considering whether a termination was unfair etc. s 536LN — Minister to make Road Transport Industry Termination Code s 536LP — When the FWC may order remedy for unfair deactivation s 536LQ — Remedy—reactivation etc. s 536LR — When the FWC may order remedy for unfair termination s 536LS — Remedy—new contract, etc. s 536LT — Remedy—compensation s 536LU — Application for unfair deactivation or unfair termination remedy s 536LV — Application fees s 536LW — Initial matters to be considered before merits s 536LX — Matters involving contested facts s 536LY — Conferences s 536LZ — Hearings s 536M — Dismissing applications s 536MA — Appeal rights s 536MB — Costs orders against parties s 536MC — Costs orders against lawyers and paid agents s 536MD — Applications for costs orders s 536ME — Schedule of costs s 536MF — Security for costs s 536MG — Contravening orders under this Part s 536MH — Guide to this Part s 536MJ — Object of this Part s 536MK — Making a collective agreement s 536ML — Notice of consultation period for a proposed collective agreement s 536MM — Consultation notice to be given to FWC, etc. s 536MN — Notice to be given to regulated workers s 536MP — Application for the FWC to deal with a dispute s 536MQ — Negotiating entity may request that other negotiating entity sign a proposed collective agreement s 536MR — Application to the FWC to register a collective agreement s 536MS — FWC must register collective agreement s 536MT — Application for variation of a collective agreement s 536MU — FWC must vary collective agreement s 536MV — FWC must be notified of termination s 536MW — FWC must register termination notice s 536MX — Terms of a collective agreement that are of no effect s 536MY — Guide to this Part s 536MZ — Meaning of employee and employer s 536N — Object of Part s 536NA — When the FWC may make an order in relation to an unfair contract term of a services contract s 536NB — Matters to be considered in deciding whether a term of a services contract is an unfair contract term s 536NC — Remedy—order to set aside etc. contract s 536ND — Application for unfair contract term remedy s 536NE — Application fees s 536NF — Conferences s 536NG — Hearings s 536NH — Dismissing applications s 536NJ — Appeal rights s 536NK — Contravening orders under this Part s 536NL — Guide to this Part s 536NM — Meaning of employee and employer s 536NN — FWC to have regard to minimum standards objective s 536NP — Contravening a road transport contractual chain order s 536NQ — The significance of a road transport contractual chain order applying to a person s 536NR — When a road transport contractual chain order applies to a person s 536NS — When a road transport contractual chain order covers a person in a road transport contractual chain s 536NT — When a road transport contractual chain order is in operation s 536NU — When road transport contractual chain guidelines cover a person in a road transport contractual chain s 536NV — When road transport contractual chain guidelines are in operation s 536NW — Exclusion of certain State and Territory laws s 536NX — What are workplace relations matters s 536NY — What is an unfairness ground s 536NZ — Interaction of road transport contractual chain orders with State and Territory laws s 536P — Authorisation of conduct for the purposes of the Competition and Consumer Act 2010 s 536PB — Guide to this Part s 536PC — Meaning of employee and employer s 536PD — Road transport contractual chain orders s 536PE — Applications for road transport contractual chain orders s 536PEA — Emergency applications s 536PF — Particular matters FWC must take into account in making a decision on a road transport contractual chain order s 536PG — FWC to prepare and publish a draft of a road transport contractual chain order s 536PH — Affected entities to have a reasonable opportunity to make submissions on a draft road transport contractual chain order s 536PJ — Finalising draft order s 536PK — Decision not to make order based on the draft s 536PL — Decisions on applications for road transport contractual chain orders s 536PM — Terms that must be included in a road transport contractual chain order s 536PN — Road transport contractual chain order must include term about interaction with minimum standards orders s 536PP — Term about settling disputes must be included in a road transport contractual chain order s 536PQ — Terms that may be included in a road transport contractual chain order s 536PQA — Terms that must be included in a time‑sensitive road transport contractual chain order s 536PR — Terms that must not be included in a road transport contractual chain order s 536PS — Applications to vary or revoke road transport contractual chain orders s 536PT — FWC may vary or revoke road transport contractual chain orders s 536PU — Minister may make a declaration deferring the operation or application of a road transport contractual chain order s 536PV — Limitations on making a deferral declaration s 536PW — Operation of a road transport contractual chain order during deferral s 536PX — Minister may make a declaration suspending a road transport contractual chain order s 536PY — Suspension declaration must generally be made within 12 months of certain dates s 536PZ — Operation of a road transport contractual chain order during suspension s 536Q — Consultation requirements s 536QA — Applications for a deferral determination for a road transport contractual chain order s 536QB — FWC may make a determination deferring the operation or application of a road transport contractual chain order s 536QC — Limitations on making a deferral determination s 536QD — Decision on an application for a deferral determination in relation to a road transport contractual chain order s 536QE — Operation of a road transport contractual chain order during deferral s 536QF — Applications for a suspension determination for a road transport contractual chain order s 536QG — FWC may make a determination suspending a road transport contractual chain order s 536QH — Decision on an application for a suspension determination in relation to a road transport contractual chain order s 536QJ — Operation of a road transport contractual chain order during suspension s 536QK — FWC must consider whether to vary or revoke a road transport contractual chain order that has been deferred or suspended s 536QL — FWC to prepare and publish a notice relating to proposed variation or revocation of a road transport contractual chain order s 536QM — Affected entities to have a reasonable opportunity to make submissions and comment on a proposed variation or revocation of a road transport contractual chain order s 536QN — Finalising draft order s 536QP — Road transport contractual chain guidelines s 536QQ — Applications for road transport contractual chain guidelines s 536QR — Decisions on applications for road transport contractual chain guidelines s 536QS — Road transport contractual chain guidelines not to be made if a road transport contractual chain order is in operation s 536QT — Terms that must be included in road transport contractual chain guidelines s 536QU — Terms that may be included in road transport contractual chain guidelines s 536QV — Terms that must not be included in road transport contractual chain guidelines s 536QW — FWC may vary or revoke road transport contractual chain guidelines s 536QX — Applications to vary or revoke road transport contractual chain guidelines s 537 — Guide to this Part s 538 — Meanings of employee and employer s 539 — Applications for orders in relation to contraventions of civil remedy provisions s 540 — Limitations on who may apply for orders etc. s 541 — Applications for orders in relation to safety net contractual entitlements s 542 — Entitlements under contracts s 543 — Applications for orders in relation to statutory entitlements derived from contracts s 544 — Time limit on applications s 545 — Orders that can be made by particular courts s 545A — Orders relating to casual loading amounts s 546 — Pecuniary penalty orders s 546A — Underpayment amounts associated with contravention of civil remedy provisions s 547 — Interest up to judgment s 548 — Plaintiffs may choose small claims procedure s 549 — Contravening a civil remedy provision is not an offence s 550 — Involvement in contravention treated in same way as actual contravention s 551 — Civil evidence and procedure rules for proceedings relating to civil remedy provisions s 552 — Civil proceedings after criminal proceedings s 553 — Criminal proceedings during civil proceedings s 554 — Criminal proceedings after civil proceedings s 555 — Evidence given in proceedings for pecuniary penalty not admissible in criminal proceedings s 556 — Civil double jeopardy s 557 — Course of conduct s 557A — Serious contravention of civil remedy provisions s 557B — Liability of bodies corporate for serious contravention s 557C — Presumption where records not provided s 558 — Regulations dealing with infringement notices s 558A — Meaning of franchisee entity and responsible franchisor entity s 558B — Responsibility of responsible franchisor entities and holding companies for certain contraventions s 558C — Right of responsible franchisor entity or holding company to recover s 559 — Unclaimed money s 560 — Guide to this Part s 561 — Meanings of employee and employer s 562 — Conferring jurisdiction on the Federal Court s 563 — Exercising jurisdiction in the Fair Work Division of the Federal Court s 564 — No limitation on Federal Court’s powers s 565 — Appeals from eligible State or Territory courts s 566 — Conferring jurisdiction on the Federal Circuit and Family Court of Australia (Division 2) s 567 — Exercising jurisdiction in the Fair Work Division of the Federal Circuit and Family Court of Australia (Division 2) s 568 — No limitation on powers of the Federal Circuit and Family Court of Australia (Division 2) s 569 — Minister’s entitlement to intervene s 569A — State or Territory Minister’s entitlement to intervene s 570 — Costs only if proceedings instituted vexatiously etc. s 571 — No imprisonment for failure to pay pecuniary penalty s 572 — Regulations dealing with matters relating to court proceedings s 573 — Guide to this Part s 574 — Meanings of employee and employer s 575 — Establishment of the Fair Work Commission s 576 — Functions of the FWC s 577 — Performance of functions etc. by the FWC s 578 — Matters the FWC must take into account in performing functions etc. s 579 — FWC has privileges and immunities of the Crown s 580 — Protection of FWC Members s 581 — Functions of the President s 581A — Dealing with a complaint about an FWC Member s 581B — Code of Conduct s 582 — Directions by the President s 583 — President not subject to direction s 584 — Delegation of functions and powers of the President s 584B — Protection of persons involved in handling etc. complaints about FWC Members s 585 — Applications in accordance with procedural rules s 586 — Correcting and amending applications and documents etc. s 587 — Dismissing applications s 588 — Discontinuing applications s 589 — Procedural and interim decisions s 590 — Powers of the FWC to inform itself s 591 — FWC not bound by rules of evidence and procedure s 592 — Conferences s 593 — Hearings s 594 — Confidential evidence s 595 — FWC’s power to deal with disputes s 596 — Representation by lawyers and paid agents s 597 — Minister’s entitlement to make submissions s 597A — State or Territory Minister’s entitlement to make submissions s 598 — Decisions of the FWC s 599 — FWC not required to decide an application in terms applied for s 600 — Determining matters in the absence of a person s 601 — Writing and publication requirements for the FWC’s decisions s 602 — Correcting obvious errors etc. in relation to the FWC’s decisions s 602A — Validation of approval of enterprise agreement s 602B — Validation of approval of variation of enterprise agreement s 603 — Varying and revoking the FWC’s decisions s 604 — Appeal of decisions s 605 — Minister’s entitlement to apply for review of a decision s 606 — Staying decisions that are appealed or reviewed s 607 — Process for appealing or reviewing decisions s 608 — Referring questions of law to the Federal Court s 609 — Procedural rules s 610 — Regulations dealing with any FWC matters s 611 — Costs s 612 — FWC’s functions etc. may generally be performed by single FWC Member s 613 — Appeal of decisions s 614 — Review of decisions by a Full Bench s 615 — The President may direct a Full Bench to perform function etc. s 615A — When the President must direct a Full Bench to perform function etc. s 615B — Transfer to a Full Bench from an FWC Member s 615C — Transfer to the President from an FWC Member or a Full Bench s 616 — FWC’s functions etc. that must be performed by a Full Bench s 617 — FWC’s functions etc. that must be performed by an Expert Panel s 617AA — Full Bench and Expert Panel with identical membership s 617A — President may direct investigations and reports s 617B — Research must be published s 618 — Constitution and decision‑making of a Full Bench s 619 — Seniority of FWC Members s 620 — Constitution and decision‑making of an Expert Panel s 621 — Reconstitution of the FWC when single FWC Member becomes unavailable s 622 — Reconstitution of the FWC when FWC Member of a Full Bench or an Expert Panel becomes unavailable s 623 — When new FWC Members begin to deal with matters s 624 — FWC’s decisions not invalid when improperly constituted s 625 — Delegation by the President of functions and powers of the FWC s 626 — Appointment of FWC Members s 627 — Qualifications for appointment of FWC Members s 628 — Basis of appointment of FWC Members s 629 — Period of appointment of FWC Members s 629A — Status of the President s 630 — Appointment of a Judge not to affect tenure etc. s 631 — Dual federal and State appointments of Deputy Presidents or Commissioners s 632 — Dual federal and Territory appointments of Deputy Presidents or Commissioners s 633 — Outside work of FWC Members s 634 — Oath or affirmation of office s 635 — Remuneration of the President s 636 — Application of Judges’ Pensions Act to the President s 637 — Remuneration of FWC Members other than the President s 638 — Remuneration of Deputy Presidents or Commissioners performing duties on a part‑time basis s 639 — Leave of absence of FWC Members other than the President s 640 — Disclosure of interests by FWC Members other than the President s 641 — Termination of appointment on grounds of misbehaviour or incapacity s 641A — Minister may handle complaints about FWC Members s 641B — Modified application of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 s 642 — Suspension on grounds of misbehaviour or incapacity s 643 — Termination of appointment for bankruptcy, etc. s 644 — Termination of appointment for outside work s 645 — Resignation of FWC Members s 646 — Other terms and conditions of FWC Members s 647 — Appointment of acting President and Vice President s 648 — Appointment of acting Deputy Presidents and Commissioners s 649 — President to cooperate with prescribed State industrial authorities s 650 — Provision of administrative support s 651 — Seals s 652 — Annual report s 653 — Reports about making enterprise agreements, individual flexibility arrangements etc. s 653A — Arrangements with the Federal Court and the Federal Circuit and Family Court of Australia (Division 2) s 654 — President must provide certain information etc. to the Minister and Fair Work Ombudsman s 655 — Disclosure of information by the FWC s 656 — Establishment s 657 — Functions and powers of the General Manager s 658 — Directions from the President s 659 — General Manager not otherwise subject to direction s 660 — Appointment of the General Manager s 661 — Remuneration of the General Manager s 662 — Leave of absence of the General Manager s 663 — Outside work of the General Manager s 664 — Disclosure of interests to the President s 665 — Resignation of the General Manager s 666 — Termination of appointment of the General Manager s 667 — Other terms and conditions of the General Manager s 668 — Appointment of acting General Manager s 669 — Minister to consult the President s 670 — Staff s 671 — Delegation by General Manager to staff s 672 — Persons assisting the FWC s 673 — Consultants s 673A — Application of the finance law s 674 — Offences in relation to the FWC s 675 — Contravening an FWC order s 676 — Intimidation etc. s 677 — Offences in relation to attending before the FWC s 678 — False or misleading evidence s 679 — Guide to this Part s 680 — Meanings of employee and employer s 681 — Establishment s 682 — Functions of the Fair Work Ombudsman s 683 — Delegation by the Fair Work Ombudsman s 684 — Directions from the Minister s 685 — Minister may require reports s 686 — Annual report s 687 — Appointment of the Fair Work Ombudsman s 688 — Remuneration of the Fair Work Ombudsman s 689 — Leave of absence of the Fair Work Ombudsman s 690 — Outside work of the Fair Work Ombudsman s 692 — Resignation of the Fair Work Ombudsman s 693 — Termination of appointment of the Fair Work Ombudsman s 694 — Other terms and conditions of the Fair Work Ombudsman s 695 — Appointment of acting Fair Work Ombudsman s 696 — Establishment of the Office of the Fair Work Ombudsman s 697 — Staff s 698 — Persons assisting the Fair Work Ombudsman s 699 — Consultants s 700 — Appointment of Fair Work Inspectors s 701 — Fair Work Ombudsman is a Fair Work Inspector s 702 — Identity cards s 703 — Conditions and restrictions on functions and powers s 704 — General directions by the Fair Work Ombudsman s 705 — Particular directions by the Fair Work Ombudsman s 706 — Purpose for which powers of inspectors may be exercised s 707 — When powers of inspectors may be exercised s 707A — Hindering or obstructing the Fair Work Ombudsman and inspectors etc. s 708 — Power of inspectors to enter premises s 709 — Powers of inspectors while on premises s 710 — Persons assisting inspectors s 711 — Power to ask for person’s name and address s 712 — Power to require persons to produce records or documents s 712A — Minister may nominate ART President or Deputy President to issue FWO notices s 712AA — Fair Work Ombudsman may apply to nominated ART President or Deputy President for FWO notice s 712AB — Issue of FWO notice s 712AC — Form and content of FWO notice s 712AD — Fair Work Ombudsman may give FWO notice to person in relation to whom it is issued and vary time for compliance s 712AE — Conduct of examination s 712B — Requirement to comply with FWO notice s 712C — Payment for expenses incurred in attending as required by an FWO notice s 712D — Protection from liability relating to FWO notices s 712E — Fair Work Ombudsman must notify Commonwealth Ombudsman of issue of FWO notice s 712F — Review and report by Commonwealth Ombudsman s 713 — Self‑incrimination etc. s 713A — Certain records and documents are inadmissible s 713AA — Legal professional privilege s 714 — Power to keep records or documents s 714A — Reports not to include information relating to an individual’s affairs s 715 — Enforceable undertakings relating to contraventions of civil remedy provisions s 716 — Compliance notices s 717 — Review of compliance notices s 717A — Effect of cooperation agreement s 717B — Entry into cooperation agreement s 717C — When a cooperation agreement is in force s 717D — Termination of cooperation agreement by Fair Work Ombudsman s 717E — Withdrawal from cooperation agreement s 717F — Variation of cooperation agreement s 717G — Relationship with other powers s 718 — Disclosure of information by the Office of the Fair Work Ombudsman s 718A — False or misleading information or documents s 719 — Guide to this Part s 720 — Meanings of employee and employer s 721 — Equal remuneration applications s 722 — Notification and consultation requirements applications s 723 — Unlawful termination applications s 724 — Equal remuneration applications s 725 — General rule s 726 — Dismissal remedy bargaining order applications s 727 — General protections FWC applications s 728 — General protections court applications s 729 — Unfair dismissal applications s 730 — Unlawful termination FWC applications s 731 — Unlawful termination court applications s 732 — Applications and complaints under other laws s 733 — Dismissal does not include failure to provide benefits s 734 — General rule s 734A — Sexual harassment court applications—interaction with sexual harassment FWC applications s 734B — Sexual harassment FWC applications and sexual harassment court applications—interaction with anti‑discrimination laws s 734BA — Limitation on applications for remedy for unfair deactivation—other proceedings in progress s 734BB — Limitation on applications for remedy for unfair termination—other proceedings in progress s 734C — Limitation on applications for review of services contracts—other proceedings in progress s 735 — Guide to this Part s 736 — Meanings of employee and employer s 737 — Model term about dealing with disputes s 738 — Application of this Division s 739 — Disputes dealt with by the FWC s 740 — Dispute dealt with by persons other than the FWC s 741 — Guide to this Part s 742 — Meanings of employee and employer s 743 — Object of this Division s 744 — Extending the entitlement to unpaid parental leave and related entitlements s 745 — Contravening the extended parental leave provisions s 746 — References to the National Employment Standards include extended parental leave provisions s 747 — State and Territory laws that are not excluded s 748 — Non‑national system employees are not award/agreement free employees s 749 — Modification of meaning of base rate of pay for pieceworkers s 750 — Modification of meaning of full rate of pay for pieceworkers s 751 — Modification of meaning of ordinary hours of work—if determined by State industrial instrument s 752 — Modification of meaning of ordinary hours of work—if not determined by State industrial instrument s 753 — Modification of meaning of ordinary hours of work—regulations may prescribe usual weekly hours s 754 — Modification of meaning of pieceworker s 755 — Modification of provision about interaction with paid leave s 756 — Modification of provision about relationship between National Employment Standards and agreements s 757 — Modification of power to make regulations s 757A — Object of this Division s 757B — Extending the entitlement to paid family and domestic violence leave s 757BA — Employer obligations in relation to pay slips s 757C — Contravening the extended paid family and domestic violence leave provisions s 757D — References to the National Employment Standards include extended paid family and domestic violence leave provisions s 757E — State and Territory laws that are not excluded s 757F — Non‑national system employees are not award/agreement free employees s 757G — Modification of meaning of full rate of pay for pieceworkers s 757H — Modification of meaning of pieceworker s 757J — Modification of provision about relationship between National Employment Standards and agreements s 757K — Modification of power to make regulations s 758 — Object of this Division s 759 — Extending entitlement to notice of termination or payment in lieu of notice s 760 — Contravening the extended notice of termination provisions s 761 — References to the National Employment Standards include extended notice of termination provisions s 762 — State and Territory laws that are not excluded s 763 — Non‑national system employees are not award/agreement free employees s 764 — Modification of meaning of full rate of pay for pieceworkers s 765 — Modification of meaning of pieceworker s 766 — Modification of provision about notice of termination by employee s 767 — Modification of provision about relationship between National Employment Standards and agreements s 768 — Modification of power to make regulations s 768AA — Guide to this Part s 768AB — Meanings of employee and employer s 768AC — What this Division is about s 768AD — When does a transfer of business occur? s 768AE — Meaning of transferring employee, termination time and re‑employment time s 768AF — What this Division is about s 768AG — Contravening a copied State instrument s 768AH — What is a copied State instrument? s 768AI — What is a copied State award? s 768AJ — What is a State award? s 768AK — What is a copied State employment agreement? s 768AL — What is a State employment agreement? s 768AM — When does a copied State instrument apply to a person? s 768AN — When does a copied State instrument cover a person? s 768AO — When is a copied State instrument in operation? s 768AP — What this Division is about s 768AQ — Interaction between the NES and a copied State instrument s 768AR — Provisions of the NES that allow instruments to contain particular kinds of terms s 768AS — Modern awards and copied State awards s 768AT — Modern awards and copied State employment agreements s 768AU — Enterprise agreements and copied State instruments s 768AV — What this Division is about s 768AW — Variation in limited circumstances s 768AX — Variation of copied State instruments s 768AY — Termination in limited circumstances s 768AZ — What this Division is about s 768AZA — Orders in relation to a transfer of business s 768BA — FWC orders about coverage for transferring employees s 768BB — FWC orders about coverage for employee organisations s 768BC — What this Division is about s 768BCA — Orders in relation to a transfer of business s 768BD — Consolidation orders in relation to transferring employees s 768BE — Consolidation order to deal with application and coverage s 768BF — Effect of this Act after a consolidation order is made s 768BG — Consolidation orders in relation to non‑transferring employees s 768BH — Consolidation order to deal with application and coverage s 768BI — Effect of this Act after a consolidation order is made s 768BJ — What this Division is about s 768BK — Where no term dealing with disputes s 768BL — Service for the purposes of this Act s 768BM — NES—working out non‑accruing entitlements s 768BN — NES—working out accruing entitlements s 768BO — Copied State instrument—service s 768BP — Copied State instrument—working out non‑accruing entitlements s 768BQ — Copied State instrument—working out accruing entitlements s 768BR — Cessation not intended to result in reduction in take‑home pay s 768BS — Orders remedying reductions in take‑home pay s 768BT — Contravening a take‑home pay order s 768BU — How long a take‑home pay order continues to apply s 768BV — Interaction of take‑home pay orders with modern awards and enterprise agreements s 768BW — Application of this Act to take‑home pay orders s 768BX — Modification of this Act for copied State instruments s 768BY — Modification of the Transitional Act for copied State instruments s 768BZ — Modification of the Registered Organisations Act for copied State instruments s 768CA — Regulations s 769 — Guide to this Part s 770 — Meanings of employee and employer s 771 — Object of this Division s 772 — Employment not to be terminated on certain grounds s 773 — Application for the FWC to deal with a dispute s 774 — Time for application s 775 — Application fees s 776 — Dealing with a dispute (other than by arbitration) s 777 — Dealing with a dispute by arbitration s 778 — Taking a dispute to court s 779 — Appeal rights s 779A — Costs orders against parties s 780 — Costs orders against lawyers and paid agents s 781 — Applications for costs orders s 781A — Schedule of costs s 782 — Contravening costs orders s 783 — Reason for action to be presumed unless proved otherwise s 784 — Object of this Division s 785 — Employer to notify Centrelink of certain proposed terminations s 786 — FWC may make orders where failure to notify or consult registered employee associations about terminations s 787 — Orders that the FWC may make s 788 — Application to the FWC for order s 789 — Limits on scope of this Division s 789AA — Guide to this Part s 789AB — Meanings of employee and employer s 789AC — Objects of this Part s 789BA — Provisions covered by this Division s 789BB — TCF contract outworkers taken to be employees in certain circumstances s 789BC — Regulations relating to TCF outworkers who are taken to be employees s 789CA — When this Division applies s 789CB — Liability of indirectly responsible entity for unpaid amount s 789CC — Demand for payment from an apparent indirectly responsible entity s 789CD — Court order for entity to pay amount demanded s 789CE — Effect of payment by entity (including entity’s right to recover from responsible person) s 789CF — Division does not limit other liabilities or rights s 789DA — Regulations may provide for a code s 789DB — Matters that may be dealt with in TCF outwork code s 789DC — Persons on whom obligations may be imposed by TCF outwork code s 789DD — Other general matters relating to content of TCF outwork code s 789DE — Relationship between the TCF outwork code and other instruments s 789EA — Part not intended to exclude or limit State or Territory laws relating to outworkers s 789FA — Guide to this Part s 789FB — Meanings of employee and employer s 789FC — Application for an FWC order to stop bullying s 789FD — When is a worker bullied at work? s 789FE — FWC to deal with applications promptly s 789FF — FWC may make orders to stop bullying s 789FG — Contravening an order to stop bullying s 789FH — Actions under work health and safety laws permitted s 789FI — This Part is not to prejudice Australia’s defence, national security etc. s 789FJ — Declarations by the Chief of the Defence Force s 789FK — Declarations by the Director‑General of Security s 789FL — Declarations by the Director‑General of ASIS s 789GC — Definitions s 789GCA — When employer qualifies for the jobkeeper scheme s 789GCB — 10% decline in turnover test s 789GCC — Designated quarter s 789GCD — 10% decline in turnover certificate s 789GR — Service s 789GS — Accrual rules s 789GV — FWC may deal with a dispute about the operation of this Part s 789GW — Contravening an FWC order dealing with a dispute about the operation of this Part s 789GXA — Misuse of jobkeeper enabling direction s 789GXB — 10% decline in turnover test—prohibited conduct s 789GXC — False statutory declaration s 789GXD — Federal Court may terminate a jobkeeper enabling direction if employer does not satisfy the 10% decline in turnover test s 789GXE — Federal Court may terminate a subsection 789GJD(2) agreement if employer does not satisfy the 10% decline in turnover test s 789GY — Protection of workplace rights s 789GZ — Relationship with other laws etc. s 789GZA — Redundancy s 789GZB — Review of this Part s 789GZC — Establishment s 789GZD — Function of the Forum s 789GZE — Membership s 789GZF — Appointment by the Minister s 789GZG — Chair of the Forum s 789GZH — Meetings s 789GZJ — Confidentiality s 789GZK — Substitute members s 789GZL — Invited participants s 789GZM — Remuneration s 789GZN — Resignation s 789GZP — Disclosure of interests s 789GZQ — Termination of appointment s 789HA — Constitutional basis of this Division s 789HB — Extension of anti‑discrimination rules s 789HC — Constitutional basis of this Division s 789HD — Extension of anti‑discrimination rules s 790 — Guide to this Part s 791 — Meanings of employee and employer s 792 — Delegation by Minister s 793 — Liability of bodies corporate s 794 — Signature on behalf of body corporate s 794A — Liability of Australian governments under civil remedy provisions s 794B — Liability of the Commonwealth for certain offences s 794C — Responsible agencies for Australian governments s 794D — Liability of the Commonwealth to pay civil and criminal penalties s 795 — Public sector employer to act through employing authority s 795A — The Schedules s 796 — Regulations—general s 796A — Regulations conferring functions s 797 — Regulations dealing with offences s 798 — Regulations dealing with civil penalties s 799 — Regulations dealing with infringement notices s 800 — Regulations dealing with exhibiting fair work instruments Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.