Contravening an FWC order
(1) A person commits an offence if: (a) the FWC has made an order under this Act; and (b) either of the following applies: (i) the order applies to the person; (ii) a term of the order applies to the person; and (c) the person engages in conduct; and (d) the conduct contravenes: (i) a term of the order referred to in subparagraph (b)(i); or (ii) the term referred to in subparagraph (b)(ii). (2) However, subsection (1) does not apply to the following orders: (aa) an order under subsection 65C(1) (which deals with arbitration of disputes relating to requests for flexible working arrangements); (ab) an order under subsection 76C(1) (which deals with the extension of periods of unpaid parental leave); (ac) an order under subsection 66MA(1) (which deals with casual employment); (a) an order under Part 2‑3 (which deals with modern awards); (aaa) an order under subsection 177A(7) (certificate to be a bargaining representative); (b) a bargaining order; (c) a scope order; (d) an order under Part 2‑6 (which deals with minimum wages); (e) an equal remuneration order; (f) an order under Part 2‑8 (which deals with transfer of business); (fa) an order under Division 6 of Part 2‑9 (which deals with the employee right to disconnect); (g) an order under Division 6 of Part 3‑3 (which deals with the suspension or termination of protected industrial action); (h) a protected action ballot order, or an order in relation to a protected action ballot order or a protected action ballot; (i) an order under Part 3‑5 (which deals with stand down); (ia) an order under Part 3‑5A (which deals with sexual harassment in connection with work); (j) an order under Part 6‑4B (which deals with workers bullied at work); (k) an order under Part 6‑4C (which deals with the Coronavirus economic response); (l) a minimum standards order; (m) a road transport contractual chain order. Penalty: Imprisonment for 12 months. (3) Strict liability applies to paragraphs (1)(a) and (b). Note: For strict liability, see section 6.1 of the Criminal Code.
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. Verify the current text against the official source before relying on it.
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