Commonwealth Consolidated Acts Commonwealth Consolidated ActsThe regulations may provide for the exhibiting, on the premises of an employer, of a fair work instrument or a term of a fair work instrument.
This Part is about the Office of the Fair Work Ombudsman.
Division 2 is about the Fair Work Ombudsman. The Fair Work Ombudsman's functions include promoting and monitoring compliance with this Act, and providing education, assistance and advice to employees, employers, outworkers, outworker entities and organisations.
Division 3 is about the Office of the Fair Work Ombudsman. The Office of the Fair Work Ombudsman consists of the Fair Work Ombudsman, Fair Work Inspectors and staff.
The inspectors exercise compliance powers for purposes including determining whether this Act is being complied with. The compliance powers include the power to enter certain premises, and to inspect and make copies of documents on the premises.
This Part provides rules relating to applications for remedies under this Act.
Division 2 prevents certain applications where other remedies are available.
Division 3 prevents multiple applications or complaints in relation to the same conduct.
This Part is about dealing with disputes between national system employees and their employers.
Division 2 deals with the powers of the FWC and other persons to deal with a dispute if a modern award, enterprise agreement or contract of employment includes a term that provides for the FWC or the person to deal with the dispute.
This Part contains Divisions that extend some National Employment Standards entitlements to non - national system employees.
Division 2 extends the entitlements to unpaid parental leave, and related entitlements.
Division 3 extends the entitlements to notice of termination or payment in lieu of notice.
This Part provides for the transfer of certain terms and conditions of employment when there is a transfer of business from a non - national system employer that is a State public sector employer (called "the old State employer") to a national system employer (called "the new employer").
A transfer of business involves the transfer of employment of one or more employees of the old State employer to the new employer. Each of those employees is a "transferring employee".
If there is a transfer of business, then this Part provides for certain terms and conditions of employment with the old State employer to be transferred to the employment of the transferring employee with the new employer.
This Part achieves the transfer of those terms and conditions by creating a new instrument--a "copied State instrument"--for each transferring employee. The new instrument is a federal instrument and is enforceable under this Act.
If there is a transfer of business, then this Division provides for certain terms and conditions of a transferring employee's employment with the old State employer to be transferred to the employment with the new employer.
The transfer of those terms and conditions is achieved by creating a new instrument--called a "copied State instrument"--for the transferring employee. The new instrument is a federal instrument that is enforceable under this Act.
There are 2 types of copied State instruments--a copied State award and a copied State employment agreement.
A copied State award copies the terms of a State award that covered the transferring employee and the old State employer immediately before the termination of the employee's employment with the old State employer.
A copied State employment agreement copies the terms of a State employment agreement that covered the transferring employee and the old State employer immediately before the termination of the employee's employment with the old State employer.
This Division allows the FWC to make an order that a copied State instrument for a transferring employee does not, or will not, cover the employee and that an enterprise agreement or named employer award that covers the new employer covers, or will cover, the employee instead.
It also allows the FWC to make an order that a copied State instrument for a transferring employee does not, or will not, cover an employee organisation but instead covers, or will cover, another employee organisation.
This Division allows the FWC to consolidate the various workplace instruments that may apply in the new employer's workplace. It achieves this by allowing the FWC to make an order that a copied State instrument for a particular transferring employee is also a copied State instrument for one or more other transferring employees or non - transferring employees.
Subdivision B deals with consolidating copied State instruments for transferring employees. Under that Subdivision, the FWC may make an order that the copied State instrument for a transferring employee ("employee A") is also the copied State instrument for one or more other transferring employees. If the FWC makes a consolidation order for those other transferring employees, then this Act is modified so that the copied State instrument for employee A is also the copied State instrument for those other transferring employees (see section 768BF).
Subdivision C deals with non - transferring employees. Under that Subdivision, the FWC may make an order that the copied State instrument for employee A (who is a transferring employee) is also the copied State instrument for one or more non - transferring employees. If the FWC makes a consolidation order for those non - transferring employees, then this Act is modified so that the copied State instrument for employee A is also the copied State instrument for those non - transferring employees (see section 768BI).
This Division has a collection of special rules for copied State instruments for transferring employees.
Subdivision B deals with the case where a copied State instrument for a transferring employee does not have a term about settling disputes about matters arising under the instrument. In that case, the model term prescribed by the regulations is taken to be a term of the instrument.
Subdivision C is about working out service and entitlements of a transferring employee. This is particularly relevant for working out the employee's entitlements under the National Employment Standards and the copied State instrument for the employee.
Subdivision D deals with the case where a copied State award for a transferring employee ceases to operate and the employee suffers a reduction in take home pay. That Subdivision allows the FWC to make a take - home pay order to compensate the employee.
Subdivision E modifies particular provisions of this Act in relation to copied State instruments.
Subdivision F modifies particular provisions of the Transitional Act in relation to copied State instruments.
Subdivision G modifies particular provisions of the Registered Organisations Act in relation to copied State instruments.
This Part contains provisions to give effect, or further effect, to certain international agreements relating to discrimination and termination of employment.
Division 2 makes it unlawful for an employer to terminate an employee's employment for certain reasons. Division 2 also deals with compliance. In most cases, a dispute that involves the termination of an employee's employment will be dealt with by a court only if the dispute has not been resolved by the FWC.
Division 3 sets out notification and consultation requirements in relation to certain terminations of employment.
This Part contains special provisions about TCF outworkers.
Division 2 provides for TCF contract outworkers to be taken to be employees in certain circumstances for the purposes of most of the provisions of this Act.
Division 3 provides for TCF outworkers (whether employees or contractors) to recover unpaid remuneration from entities that are indirectly responsible for work done by the outworkers.
Division 4 allows the regulations to prescribe a code dealing with standards of conduct and practice relating to TCF outwork.
Division 5 contains miscellaneous provisions.