Commonwealth Consolidated Regulations

FAIR WORK REGULATIONS 2009

- made under the Fair Work Act 2009

TABLE OF PROVISIONS

            

CHAPTER 1--Introduction
            

   PART 1-1--INTRODUCTION

           Division 1--Preliminary

   1.01.   Name of Regulations  

   PART 1-2--DEFINITIONS

           Division 1--Introduction

   1.03.   Definitions  

           Division 2--The Dictionary

   1.04.   Meaning of designated outworker term  
   1.05.   Meaning of eligible State or Territory court  
   1.06.   Meaning of prescribed State industrial authority  
   1.07.   Meaning of serious misconduct  
   1.08.   Meaning of TCF award  

           Division 3A--Definitions relating to regulated workers and persons in a road transport contractual chain

              Subdivision A--General

   1.08AA. Meaning of contractor high income threshold  

              Subdivision C--Road transport industry

   1.08A.  Meaning of in a road transport contractual chain --exclusion of livestock industry  
   1.08B.  Meaning of road transport industry --exclusion of livestock industry  

           Division 4--Other definitions

   1.09.   Meaning of base rate of pay-- pieceworkers (national system employee)  
   1.10.   Meaning of base rate of pay --pieceworkers (enterprise agreement)  
   1.11.   Meaning of ordinary hours of work for award/agreement free employees  
   1.12.   Meaning of pieceworker  

   PART 1-3--APPLICATION OF THE ACT

           Division 2--Interaction with State and Territory laws

   1.13.   State and Territory laws that are not excluded by section 26 of the Act--prescribed laws  
   1.14.   Act excludes prescribed State and Territory laws  
   1.15.   Interaction of modern awards and enterprise agreements with State and Territory laws  

           Division 2A--Application of Act in a referring State

   1.15A.  State public sector employer  

           Division 3--Geographical application of the Act

   1.15B.  Definitions for Division 3  
   1.15C.  Meanings of Australian employer and Australian - based employee  
   1.15D.  Modification of application of Act--ships engaged in innocent passage  
   1.15DA. Modification of application of Act--Christmas Island and Cocos (Keeling) Islands  
   1.15E.  Extension of Act to the exclusive economic zone and the continental shelf--ships  
   1.15F.  Extension of Act beyond the exclusive economic zone and the continental shelf  
   1.15G.  Amendments made by Fair Work Amendment Regulation 2012 (No. 2)  

           Division 4--Miscellaneous

   1.16.   Interaction between fair work instruments and public sector employment laws  
            

CHAPTER 2--Terms and conditions of employment
            

   PART 2-2--THE NATIONAL EMPLOYMENT STANDARDS

           Division 5--Parental leave and related entitlements

              Subdivision B--Parental leave

   2.00.   Flexible unpaid parental leave  

           Division 12--Fair Work Ombudsman to prepare and publish statements

   2.01.   Fair Work Ombudsman to prepare and publish Fair Work Information Statement--content  
   2.02.   Fair Work Ombudsman to prepare and publish Fair Work Information Statement--manner of giving Statement to employees  
   2.02A.  Fair Work Ombudsman to prepare and publish Casual Employment Information Statement--manner of giving Statement to casual employees  

           Division 13--Miscellaneous

   2.03.   What can be agreed to etc. in relation to award/agreement free employees  
   2.03A.  Claims to offset certain amounts  

   PART 2-4--ENTERPRISE AGREEMENTS

           Division 3--Bargaining and representation during bargaining

   2.04.   Notice of employee representational rights--how notice is given  
   2.05.   Notice of employee representational rights--prescribed form  
   2.06.   Appointment of bargaining representatives--independence  

           Division 4--Approval of enterprise agreements

   2.06AA. Disclosure of benefits by organisations and employers--requirements for documents  
   2.06A.  Bargaining representative must apply for FWC approval of an enterprise agreement--requirements for signing agreement  
   2.07.   FWC may approve an enterprise agreement with undertakings--requirements for signing undertaking  
   2.08.   Model flexibility term for enterprise agreement  
   2.09.   Model consultation term for enterprise agreement  

           Division 7--Variation and termination of enterprise agreements

              Subdivision A--Variation of enterprise agreements by employers and employees: general circumstances

   2.09A.  Requirements for signing variation of enterprise agreement  
   2.10.   FWC may approve variation of enterprise agreement with undertaking--requirements for signing undertaking for variation  
   2.10A.  Approval of variations of enterprise agreements--modification of requirement to take into account statement of principles on genuine agreement  

              Subdivision AA--Variation of supported bargaining agreement to add employer and employees (with consent)

   2.10B.  Requirements for signing variations of supported bargaining agreements to add employer and employees (with consent)  

              Subdivision AB--Variation of supported bargaining agreement to add employer and employees (without consent)

   2.10C.  Requirements for signing variations of supported bargaining agreements to add employer and employees (without consent)  

              Subdivision AC--Variation of cooperative workplace agreement to add employer and employees

   2.10D.  Requirements for signing variations of cooperative workplace agreements to add employer and employees  

              Subdivision AD--Variation of single interest employer agreement to add employer and employees

   2.10E.  Requirements for signing variations of single interest employer agreements to add employer and employees (with consent)  
   2.10F.  Requirements for signing variations of single interest employer agreements to add employer and employees (without consent)  

              Subdivision AE--Variation of multi-enterprise agreement to remove employer and employees

   2.10G.  Requirements for signing variations of multi - enterprise agreements to remove employer and employees (with consent)  

              Subdivision D--Termination of enterprise agreements after nominal expiry date

   2.10H.  Requirements for signing guarantee of termination entitlements  

           Division 8--FWC's general role in facilitating bargaining

   2.11.   What a bargaining order must specify--bargaining order for reinstatement of employee  

   PART 2-9--OTHER TERMS AND CONDITIONS OF EMPLOYMENT

           Division 2--Payment of wages

   2.12A.  Employee authorised deductions--authorisation requirements  
   2.12.   Certain terms have no effect--reasonable and not reasonable deductions  

           Division 3--Guarantee of annual earnings

   2.13.   High Income threshold  

           Division 5--Fixed term contracts

   2.14.   Limitations on fixed term contracts--high income threshold exception  
   2.15.   Contracts to which limitations on fixed term contracts do not apply  
            

CHAPTER 3--Rights and responsibilities of employees, employers, organisations etc.
            

   PART 3-1--GENERAL PROTECTIONS

           Division 5--Other protections

   3.01.   Temporary absence--illness or injury  

           Division 8--Compliance

              Subdivision A--Contraventions involving dismissal

   3.02.   Application fees  

              Subdivision B--Other contraventions

   3.03.   Application fees  

              Subdivision C--Conference costs

   3.04.   Schedule of costs  

   PART 3-2--UNFAIR DISMISSAL

           Division 2--Protection from unfair dismissal

   3.05.   When a person is protected from unfair dismissal--high income threshold  

           Division 4--Remedies for unfair dismissal

   3.06.   Remedy--compensation (amount taken to have been received by the employee)  

           Division 5--Procedural matters

   3.07.   Application fees  
   3.08.   Schedule of costs  

   PART 3-3--INDUSTRIAL ACTION

           Division 2--Protected industrial action

   3.09.   Purposes prescribed for continuity of employment when employer response action occurs  

           Division 6--Suspension or termination of protected industrial action by the FWC

   3.10.   Persons who can apply for an order to suspend or terminate protected industrial action  

           Division 8--Protected action ballots

   3.11.   Requirements for protected action ballot agent  
   3.12.   Requirements for independent advisor  
   3.13.   Notice of protected action ballot order--notifying employees  
   3.14.   Conduct of protected action ballot--directions about ballot paper  
   3.15.   Compilation of roll of voters  
   3.16.   Protected action ballot papers--form  
   3.16A.  Conduct of protected action ballot by electronic voting  
   3.17.   Report about conduct of protected action ballot--independent advisor  

              Subdivision G--Miscellaneous

   3.18.   Conduct of protected action ballot--ballot papers  
   3.19.   Conduct of protected action ballot--scrutiny of ballot  
   3.20.   Conduct of protected action ballot--scrutineers  

           Division 9--Payments relating to periods of industrial action

   3.21.   Payments relating to partial work bans--working out proportion of reduction of employee's payments  
   3.22.   Payments relating to partial work bans--form of partial work ban notice  
   3.23.   Payments relating to partial work bans--content of partial work ban notice  
   3.24.   Manner of giving notice about partial work ban  

   PART 3-4--RIGHT OF ENTRY

           Division 2--Entry to investigate suspected contravention relating to TCF award workers

   3.24A.  Prescribed accreditation body  

           Division 3--State or Territory OHS rights

   3.25.   Meaning of State or Territory OHS law  

           Division 6--Entry permits, entry notices and certificates

   3.26.   Requirements for entry permits  
   3.26A.  Photographic identification to be produced with certain entry permits  
   3.27.   Form of entry notice  
   3.28.   Form of exemption certificate  
   3.29.   Form of affected member certificate  

   PART 3-5A----PROHIBITING SEXUAL HARASSMENT CONNECTED WITH WORK

           Division 3--Dealing with sexual harassment disputes

   3.29A.  Applications for the FWC to deal with sexual harassment disputes--defence members  

   PART 3-6--OTHER RIGHTS AND RESPONSIBILITIES

           Division 2--Notification and consultation relating to certain dismissals

              Subdivision A--Requirement to notify Centrelink

   3.30.   Employer to notify Centrelink of certain proposed dismissals--form of notice  

           Division 3--Employer obligations in relation to employee records and pay slips

              Subdivision 1--Employee records

   3.31.   Records--form  
   3.32.   Records--content  
   3.33.   Records--pay  
   3.34.   Records--overtime  
   3.35.   Records--averaging of hours  
   3.36.   Records--leave  
   3.37.   Records--superannuation contributions  
   3.38.   Records--individual flexibility arrangement  
   3.39.   Records--guarantee of annual earnings  
   3.40.   Records--termination of employment  
   3.41.   Records--transfer of business  
   3.42.   Records--inspection and copying of a record  
   3.43.   Records--information concerning a record  
   3.44.   Records--accuracy  

              Subdivision 2--Pay slips

   3.45.   Pay slips--form  
   3.46.   Pay slips--information to be included in pay slips  
   3.47.   Pay slips--information about paid family and domestic violence leave not to be included in pay slips  
   3.48.   Pay slips--requirements for reporting paid family and domestic violence leave  
            

CHAPTER 3A--Minimum standards for regulated workers
            

   PART 3A-1--CORE PROVISIONS FOR THIS CHAPTER

           Division 3--Exclusion of certain State and Territory laws

   3A.01.  Exclusion of certain State and Territory laws  

   PART 3A-2--MINIMUM STANDARDS FOR REGULATED WORKERS

           Division 3--Minimum standards orders

              Subdivision E--Decisions on minimum standards orders

   3A.02.  Further terms that must not be included in a road transport minimum standards order  

   PART 3A-3--UNFAIR DEACTIVATION OR UNFAIR TERMINATION OF REGULATED WORKERS

           Division 5--Procedural matters

   3A.03.  Application fees  
   3A.04.  Schedule of costs  

   PART 3A-5--UNFAIR CONTRACT TERMS OF SERVICES CONTRACTS

           Division 4--Procedural matters

   3A.05.  Application fees  
            

CHAPTER 3B--Minimum standards for persons in a road transport contractual chain
            

   PART 3B-1--CORE PROVISIONS FOR THIS CHAPTER

           Division 3--Exclusion of certain State and Territory laws

   3B.01.  Exclusion of certain State and Territory laws  

   PART 3B-2--MINIMUM STANDARDS FOR PERSONS IN A ROAD TRANSPORT CONTRACTUAL CHAIN

           Division 2--Road transport contractual chain orders

              Subdivision D--Decisions on road transport contractual chain orders and related matters

   3B.02.  Terms that must not be included in a road transport contractual chain order  
            

CHAPTER 4--Compliance and enforcement
            

   PART 4-1--CIVIL REMEDIES

           Division 2--Orders

   4.01A.  Applications for orders in relation to contraventions of civil remedy provisions  

           Division 3--Small claims procedure

   4.01.   Plaintiffs may choose small claims procedure  

           Division 4--General provisions relating to civil remedies and infringement notices

   4.02.   General  
   4.03.   Definitions for Division 4  
   4.03A.  Course of conduct  
   4.04.   When an infringement notice can be given  
   4.05.   Content of infringement notice  
   4.06.   Time for payment of penalty  
   4.07.   Extension of time to pay penalty  
   4.08.   Withdrawal of infringement notice  
   4.09.   Effect of payment of penalty  
   4.10.   Refund of penalty  

           Division 5--Unclaimed money

   4.11.   Unclaimed money  
            

CHAPTER 5--Administration
            

   PART 5-1--FAIR WORK COMMISSION

           Division 5--FWC members

   5.01.   Delegation by President of functions and powers of FWC  
   5.01A.  Delegation by the President of functions or powers of FWC--prescribed class of employees  
   5.01B.  Appointment of Vice President  
   5.02.   Dual federal and Territory appointments of Deputy Presidents or Commissioners  
   5.03.   Oath and affirmation of office  

           Division 7--Seals and additional powers of the President and the General Manager

   5.04.   President must provide certain information etc. to the Minister and Fair Work Ombudsman  
   5.04A.  Delegation by General Manager to staff  

   PART 5-2--OFFICE OF THE FAIR WORK OMBUDSMAN

           Division 3--Office of the Fair Work Ombudsman

              Subdivision D--Functions and powers of Fair Work Inspectors--general

   5.05.   Powers and functions of inspectors--notification of failure to observe requirements  

              Subdivision DA--Power to enter premises

   5.06.   Powers of inspectors while on premises--taking samples of goods and substances  

              Subdivision DB--Powers to ask questions and require records and documents

   5.07.   Definitions for Subdivision DB  
   5.08.   Form of FWO notice  
   5.09.   Expenses incurred in attending as required by an FWO notice  
   5.10.   Travelling allowance  
   5.11.   Accommodation allowance  
   5.12.   Attendance allowance  
   5.13.   Legal allowance  
            

CHAPTER 6--Miscellaneous
            

   PART 6-1--MULTIPLE ACTIONS

           Division 3--Preventing multiple actions

              Subdivision DA--Actions relating to unfair deactivation or unfair termination

   6.01A.  Limitation on applications for remedy for unfair deactivation--other proceedings in progress  
   6.01B.  Limitation on applications for remedy for unfair termination--other proceedings in progress  

              Subdivision E--Services contract actions

   6.01C.  Limitation on applications for review of services contracts--other proceedings in progress  

   PART 6-2--DEALING WITH DISPUTES

           Division 2--Dealing with disputes

              Subdivision A--Model term about dealing with disputes

   6.01.   Model term about dealing with disputes  

   PART 6-3--EXTENSION OF NATIONAL EMPLOYMENT STANDARDS ENTITLEMENTS

           Division 2--Extension of entitlement to unpaid parental leave and related entitlements

   6.02.   Modification of meaning of base rate of pay for pieceworkers (non - national system employees)  
   6.03.   Meaning of pieceworker  

   PART 6-3A----TRANSFER OF BUSINESS FROM STATE PUBLIC SECTOR EMPLOYER

   6.03A.  FWC orders about coverage for employee organisations  
   6.03B.  Model term for dealing with disputes about matters arising under a copied State instrument  

   PART 6-4--ADDITIONAL PROVISIONS RELATING TO TERMINATION OF EMPLOYMENT

           Division 2--Termination of employment

   6.04.   Temporary absence--illness or injury  
   6.05.   Application fees  
   6.06.   Schedule of costs  

           Division 3--Notification and consultation requirements relating to certain terminations of employment

              Subdivision B--Requirement to notify Centrelink

   6.07.   Employer to notify Centrelink of certain proposed terminations--form of notice  

   PART 6-4B----WORKERS BULLIED AT WORK

           Division 2--Stopping workers being bullied at work

   6.07A.  Application fees  

   PART 6-4C----CORONAVIRUS ECONOMIC RESPONSE

           Division 1--Introduction

   6.07B.  10% decline in turnover test--modification  

           Division 5A--Flexibility provisions relating to employers previously entitled to jobkeeper payment

   6.07C.  Jobkeeper enabling stand down--employer previously entitled to jobkeeper payment for employee  

   PART 6-4D----THE NATIONAL CONSTRUCTION INDUSTRY FORUM

   6.07CA. Travel allowances--prescribed rates  

   PART 6-4DA----TRANSITIONAL MATTERS RELATING TO EMPLOYERS ETC. CEASING TO BE NATIONAL SYSTEM EMPLOYERS ETC.

           Division 1--Western Australian local government employers etc.

   6.07D.  Definitions  
   6.07E.  Purpose of this Division  
   6.07F.  Transitional--FWC matters  
   6.07G.  Transitional--court proceedings  

   PART 6-5--MISCELLANEOUS

           Division 2--Miscellaneous

              Subdivision 1--Employment matters

   6.08.   Public sector employer to act through employing authority--meaning of public sector employment  
   6.09.   Public sector employer to act through employing authority--meaning of employing authority  
   6.10.   No action for defamation in certain cases  
            

CHAPTER 7--Transitional provisions
            

   PART 7-1--AMENDMENTS MADE BY THE FAIR WORK AMENDMENT (NOTICE OF EMPLOYEE REPRESENTATIONAL RIGHTS) REGULATIONS 2017

   7.01.   Application of amendments--notice of employee representational rights  

   PART 7-2--AMENDMENTS MADE BY THE FAIR WORK AMENDMENT (CORRUPTING BENEFITS) REGULATIONS 2017

   7.02.   Application of amendments--disclosure of benefits by organisations and employers  

   PART 7-3--AMENDMENTS MADE BY THE FAIR WORK AMENDMENT (CASUAL LOADING OFFSET) REGULATIONS 2018

   7.03.   Application of amendments--claims to offset certain amounts  

   PART 7-4--AMENDMENTS MADE BY THE FAIR WORK AMENDMENT (PAID FAMILY AND DOMESTIC VIOLENCE LEAVE) REGULATIONS 2023

   7.04.   Definitions for this Part  
   7.05.   Application of amendments  
   7.06.   Requirements during grace period  

   PART 7-5--AMENDMENTS MADE BY THE FAIR WORK AND OTHER LEGISLATION AMENDMENT (SECURE JOBS, BETTER PAY) REGULATIONS 2023

   7.07.   Definitions for this Part  
   7.08.   Application of amendments--requirements for President to provide information to Minister  
   7.09.   Application of amendments--notice of employee representational rights  

   PART 7-6--AMENDMENTS MADE BY THE FAIR WORK AMENDMENT (MINOR AND TECHNICAL MEASURES) REGULATIONS 2024

   7.10.   Definitions for this Part  
   7.11.   Application of amendments--small claims proceedings  
           SCHEDULE 2.1 Notice of employee representational rights
           SCHEDULE 2.1A Document for disclosure of benefits
           SCHEDULE 2.2 Model flexibility term
           SCHEDULE 2.3 Model consultation term
           SCHEDULE 3.1 Schedule of costs
           SCHEDULE 3.2 Ballot papers
           SCHEDULE 3.3 Forms relating to entry to premises
           SCHEDULE 3.4 Forms for certain dismissals
           SCHEDULE 4.1 Form of claim for unclaimed money
           SCHEDULE 5.1 Oath and affirmation of office
           SCHEDULE 5.2 Information and copies of documents to be provided to the Minister and the Fair Work Ombudsman
           SCHEDULE 5.3 Forms for FWO Notices
           SCHEDULE 6.1 Model term for dealing with disputes for enterprise agreements
           SCHEDULE 6.1A Model term for dealing with disputes about matters arising under copied State instrument
           SCHEDULE 6.2 Forms for certain terminations
           SCHEDULE 6.3 Public sector employment--employing authorities