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This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Principal object  
   4.      Definitions  
   5.      Employee  
   6.      Employer  
   7.      Employment  
   8.      Schedules 1, 6, 7, 7A, 7B, 8, and 9 have effect  
   9.      Schedule 10 has effect  
   10.     Act binds Crown  
   11.     Modifications for Christmas Island and Cocos (Keeling) Islands  
   12.     Exclusion of persons insufficiently connected with Australia  
   13.     Extraterritorial application  
   14.     Act not to apply so as to exceed Commonwealth power  
   15.     Application of Criminal Code  
   16.     Act excludes some State and Territory laws  
   17.     Awards, agreements and Commission orders prevail over State and Territory law etc.  
   18.     Act may exclude State and Territory laws in other cases  

   PART 2--AUSTRALIAN FAIR PAY COMMISSION

           Division 1--Preliminary

   19.     Definitions  

           Division 2--Australian Fair Pay Commission

              Subdivision A--Establishment and functions

   20.     Establishment  
   21.     Functions of the AFPC  

              Subdivision B--AFPC's wage-setting function

   22.     AFPC's wage-setting function  
   23.     AFPC's wage-setting parameters  
   24.     Wage reviews and wage-setting decisions  
   25.     Constitution of the AFPC for wage-setting powers  
   26.     Publishing wage-setting decisions etc.  

              Subdivision C--Operation of the AFPC

   27.     AFPC to determine its own procedures  
   28.     Annual report  

              Subdivision D--AFPC Chair

   29.     Appointment  
   30.     Remuneration  
   31.     Leave of absence  
   32.     Engaging in other paid employment  
   33.     Disclosure of interests  
   34.     Resignation  
   35.     Termination of appointment  
   36.     Other terms and conditions  
   37.     Acting AFPC Chair  

              Subdivision E--AFPC Commissioners

   38.     Appointment  
   39.     Remuneration  
   40.     Leave of absence  
   41.     Disclosure of interests  
   42.     Resignation  
   43.     Termination of appointment  
   44.     Other terms and conditions  
   45.     Acting AFPC Commissioners  

           Division 3--AFPC Secretariat

              Subdivision A--Establishment and function

   46.     Establishment  
   47.     Function  

              Subdivision B--Operation of the AFPC Secretariat

   48.     AFPC Chair may give directions  
   49.     Annual report  

              Subdivision C--The Director of the Secretariat

   50.     Appointment  
   51.     Remuneration  
   52.     Leave of absence  
   53.     Engaging in other paid employment  
   54.     Disclosure of interests  
   55.     Resignation  
   56.     Termination of appointment  
   57.     Other terms and conditions  
   58.     Acting Director of the Secretariat  

              Subdivision D--Staff and consultants

   59.     Staff  
   60.     Consultants  

   PART 3--AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

           Division 1--Establishment of Commission

   61.     Establishment of Commission  
   62.     Functions of Commission  
   63.     Appointment of Commission members etc.  
   64.     Qualifications for appointment  
   65.     Seniority  
   66.     Performance of duties on part-time basis  
   67.     Dual federal and State appointments  
   68.     Performance of duties by dual federal and State appointees  
   69.     Dual federal appointments  
   70.     Appointment of a Judge as President not to affect tenure etc.  
   71.     Tenure of Commission members  
   72.     Acting President  
   73.     Acting Vice President  
   74.     Acting Senior Deputy President  
   75.     Acting Deputy Presidents  
   76.     Oath or affirmation of office  
   77.     Discharge of Commission's business  
   78.     Duty of Commission members  
   79.     Remuneration and allowances of Presidential Members etc.  
   80.     Application of Judges' Pensions Act  
   81.     Remuneration and allowances of Commissioners  
   82.     Removal of Presidential Member from office  
   83.     Outside employment of Commissioner  
   84.     Leave of absence of Commissioner  
   85.     Disclosure of interest by Commission members  
   86.     Termination of appointment of Commissioner  
   87.     Resignation by Commission member  

           Division 2--Organisation of Commission

   88.     Manner in which Commission may be constituted  
   89.     Powers exercisable by single member of Commission  
   90.     Functions and powers conferred on members  
   91.     Exercise of Commission powers  
   92.     Continuation of hearing by Commission  
   93.     Commission divided in opinion  
   94.     Arrangement of business of Commission  
   95.     Panels of Commission for particular industries  
   96.     Delegation by President  
   97.     Protection of Commission members  
   98.     Co-operation with the States by President  
   99.     Co-operation with the States by Registrar  

           Division 3--Representation and intervention

   100.    Representation of parties before Commission  
   101.    Intervention generally  
   102.    Particular rights of intervention of Minister  

           Division 4--General matters relating to the powers and procedures of the Commission

              Subdivision A--General matters Commission to take into account

   103.    Commission to take into account the public interest  
   104.    Commission to take into account discrimination issues  
   105.    Commission to take account of Racial Discrimination Act, Sex Discrimination Act, Disability Discrimination Act and Age Discrimination Act  
   106.    Commission to take account of Family Responsibilities Convention  
   107.    Safety, health and welfare of employees  
   108.    Commission to act quickly  
   109.    Commission to avoid technicalities and facilitate fair conduct of proceedings  

              Subdivision B--Particular powers and procedures of the Commission

   110.    Procedure of Commission  
   111.    Particular powers of Commission  
   112.    Reference of proceedings to Full Bench  
   113.    President may deal with certain proceedings  
   114.    Review on application by Minister  
   115.    Compulsory conferences  
   116.    Power to override certain laws affecting public sector employment  
   117.    State authorities may be restrained from dealing with matter that is before the Commission  
   118.    Joint sessions of Commission  
   119.    Revocation and suspension of awards and orders  

           Division 5--Appeals to Full Bench and references to Court

   120.    Appeals to Full Bench relating to matters arising other than under the Registration and Accountability of Organisations Schedule  
   121.    Appeals to Full Bench relating to matters arising under the Registration and Accountability of Organisations Schedule etc.  
   122.    References to Court by Commission on question of law  

           Division 6--Miscellaneous

   123.    Seals of Commission  
   124.    Rules of Commission  
   125.    President must provide certain information etc. to the Minister  
   126.    Annual report of Commission  

   PART 4--AUSTRALIAN INDUSTRIAL REGISTRY

           Division 1--Interpretation

   127.    Definition of State industrial body  

           Division 2--Establishment and functions of Australian Industrial Registry

   128.    Australian Industrial Registry  
   129.    Functions of the Industrial Registry  
   130.    Registries  
   131.    Seals of the Registry  
   132.    Annual report of Industrial Registry  

           Division 3--Registrars

   133.    Industrial Registrar  
   134.    Tenure of office of Industrial Registrar  
   135.    Remuneration and allowances of Industrial Registrar  
   136.    Outside employment of Industrial Registrar  
   137.    Disclosure of interests by Industrial Registrar  
   138.    Leave of absence of Industrial Registrar  
   139.    Resignation by Industrial Registrar  
   140.    Termination of appointment of Industrial Registrar  
   141.    Deputy Industrial Registrars  
   142.    Acting Industrial Registrar  
   143.    Acting Deputy Industrial Registrars  
   144.    Oath or affirmation of office of Registrar  

           Division 4--References and appeals

   145.    References by Registrar to Commission  
   146.    Removal of matters before Registrar  
   147.    Appeals from Registrar to Commission  
   148.    References to Court by Registrar on question of law  

           Division 5--Staff

   149.    Staff  

   PART 5--WORKPLACE AUTHORITY DIRECTOR

           Division 1--Workplace Authority Director

              Subdivision A--Establishment and functions

   150A.   Workplace Authority Director  
   150B.   Functions of Workplace Authority Director  
   150C.   Minister may give directions to Workplace Authority Director  

              Subdivision B--Appointment and terms and conditions

   151A.   Appointment of Workplace Authority Director  
   151B.   Remuneration  
   151C.   Leave of absence  
   151D.   Other terms and conditions  
   151E.   Outside employment  
   151F.   Disclosure of interests  
   151G.   Acting appointments  
   151H.   Resignation  
   151J.   Termination of appointment  

           Division 2--Workplace Authority Deputy Directors

   152A.   Workplace Authority Deputy Directors  
   152B.   Appointment of Workplace Authority Deputy Director  
   152C.   Remuneration  
   152D.   Leave of absence  
   152E.   Other terms and conditions  
   152F.   Outside employment  
   152G.   Disclosure of interests  
   152H.   Resignation  
   152J.   Termination of appointment  

           Division 3--Staff, delegations etc

   153A.   Staff  
   153B.   Workplace Authority  
   153C.   Delegation  

           Division 4--Reporting and disclosing information

              Subdivision A--Reporting

   163A.   Minister may require reports  
   163B.   Annual report  
   163C.   Reports not to include information relating to an individual's affairs  

              Subdivision B--Disclosing information

   164A.   Disclosure of information by workplace agreement officials  
   165.    Identity of parties to ITEAs not to be disclosed  
   166.    Publication of workplace agreements etc. by Workplace Authority Director  

   PART 5A--WORKPLACE OMBUDSMAN

           Division 1--Establishment and functions

   166A.   Workplace Ombudsman  
   166B.   Functions of the Workplace Ombudsman  
   166C.   Minister may give directions to Workplace Ombudsman  

           Division 2--Appointment and terms and conditions

   166D.   Appointment of Workplace Ombudsman  
   166E.   Remuneration  
   166F.   Leave of absence  
   166G.   Other terms and conditions  
   166H.   Outside employment  
   166J.   Disclosure of interests  
   166K.   Acting appointments  
   166L.   Resignation  
   166M.   Termination of appointment  

           Division 3--Staff, delegations etc

   166N.   Staff  
   166P.   Office of the Workplace Ombudsman  
   166Q.   Delegation  

           Division 4--Reporting and disclosing information

              Subdivision A--Reporting to Minister

   166R.   Minister may require reports  
   166S.   Annual report  
   166T.   Reports not to include information relating to an individual's affairs  

              Subdivision B--Disclosing information

   166U.   Disclosure of information by members of the Office of the Workplace Ombudsman  
   166V.   Directions about exercise of powers to disclose information  

   PART 6--WORKPLACE INSPECTORS

   167.    Inspectors  
   168.    Identity cards  
   169.    Powers of inspectors  

   PART 7--THE AUSTRALIAN FAIR PAY AND CONDITIONS STANDARD

           Division 1--Preliminary

   171.    Purpose of Part  
   172.    Operation of the Australian Fair Pay and Conditions Standard  
   173.    Australian Fair Pay and Conditions Standard cannot be excluded  
   174.    Extraterritorial extension  
   175.    Model dispute resolution process  

           Division 2--Wages

              Subdivision A--Preliminary

   176.    AFPC's wage-setting parameters etc.  
   178.    Definitions  
   179.    Meaning of casual loading provisions  
   180.    Meaning of classification  
   181.    Meaning of rate provisions  

              Subdivision B--Guarantee of basic rates of pay

   182.    The guarantee  
   183.    An employee's guaranteed hours for the purpose of section 182  
   184.    Modified operation of section 182 to continue effect of Supported Wage System for certain employees with a disability  

              Subdivision C--Guarantee of casual loadings

   185.    The guarantee  
   186.    Default casual loading percentage  

              Subdivision D--Guarantee of frequency of payment

   189.    The guarantee  

              Subdivision E--Guarantee against reductions below pre-reform commencement rates

   190.    The guarantee where only basic periodic rates of pay are involved  
   191.    The guarantee where basic piece rates of pay are involved  
   192.    The guarantee for casual loadings that apply to basic periodic rates of pay  

              Subdivision F--The guarantee against reductions below Federal Minimum Wages

   193.    The guarantee  

              Subdivision G--Federal Minimum Wages

   194.    When is there an FMW for an employee?  
   195.    Standard FMW  
   196.    Adjustment of standard FMW  
   199.    How a special FMW is to be expressed  
   200.    Adjustment of a special FMW  

              Subdivision H--Australian Pay and Classification Scales

   201.    What is an APCS?  
   202.    What must or may be in an APCS?  
   203.    How pay rates and loadings are to be expressed in an APCS  
   204.    When is employment covered by an APCS?  
   205.    What if 2 or more APCSs would otherwise cover an employee?  
   207.    Deeming APCS rates to at least equal FMW rates after first exercise of AFPC's powers takes effect  

              Subdivision I--Australian Pay and Classification Scales

   208.    Deriving preserved APCSs from pre-reform wage instruments  
   209.    Notional adjustment: rates and loadings determined as for reform comparison day  
   210.    Notional adjustment: deducing basic periodic rate of pay and casual loading from composite rate  
   211.    Notional adjustment: how basic periodic rates and loadings are expressed  
   212.    Regulations dealing with notional adjustments  
   213.    Certain regulations relating to preserved APCSs may take effect before registration  

              Subdivision K--Australian Pay and Classification Scales

   215.    Duration of APCSs  
   216.    Adjustment of APCSs  

              Subdivision L--Adjustments to incorporate 2005 Safety Net Review etc

   218.    Adjustments to incorporate 2005 Safety Net Review  
   219.    Regulations may require adjustments to incorporate other decisions  

              Subdivision M--Special provisions relating to APCSs for employees with a disability

   219A.   Coverage of special APCSs for employees with a disability  

              Subdivision N--Miscellaneous

   222.    Anti-discrimination considerations  

           Division 3--Maximum ordinary hours of work

              Subdivision A--Preliminary

   223.    Employees to whom Division applies  
   224.    Definitions  
   225.    Agreement between employees and employers  

              Subdivision B--Guarantee of maximum ordinary hours of work

   226.    The guarantee  

           Division 4--Annual leave

              Subdivision A--Preliminary

   227.    Employees to whom Division applies  
   228.    Definitions  
   229.    Meaning of nominal hours worked  
   230.    Agreement between employees and employers  
   231.    Regulations may prescribe different definitions for piece rate employees  

              Subdivision B--Guarantee of annual leave

   232.    The guarantee  
   233.    Entitlement to cash out annual leave  

              Subdivision C--Annual leave rules

   234.    Annual leave--accrual, crediting and accumulation rules  
   235.    Annual leave--payment rules  
   236.    Rules about taking annual leave  
   237.    Annual leave and workers' compensation  

              Subdivision D--Service

   238.    Annual leave--service  

           Division 5--Personal leave

              Subdivision A--Preliminary

   239.    Employees to whom Division applies  
   240.    Definitions  
   241.    Meaning of nominal hours worked  
   242.    Agreement between employees and employers  
   243.    Regulations may prescribe different definitions for piece rate employees  
   244.    Meaning of personal/carer's leave  

              Subdivision B--Guarantee of paid personal

   245.    The guarantee  
   245A.   Entitlement to cash out an amount of paid personal/carer's leave  
   246.    Paid personal/carer's leave--accrual, crediting and accumulation rules  
   247.    Paid personal/carer's leave--payment rule  
   247A.   Entitlement to leave for all nominal hours in a day also extends to other hours on that day  
   248.    Paid personal/carer's leave--workers' compensation  
   249.    Paid carer's leave--annual limit  

              Subdivision C--Guarantee of unpaid carer's leave

   250.    The guarantee  
   251.    Unpaid carer's leave--how taken  
   252.    Unpaid carer's leave--paid personal leave exhausted  

              Subdivision D--Notice and evidence requirements

   253.    Sick leave--notice  
   254.    Sick leave--documentary evidence  
   255.    Carer's leave--notice  
   256.    Carer's leave--documentary evidence  

              Subdivision E--Guarantee of compassionate leave

   257.    The guarantee  
   258.    Taking compassionate leave  
   259.    Compassionate leave--payment rule  

              Subdivision F--Personal leave

   260.    Paid personal leave--service  
   261.    Unpaid carer's leave--service  

           Division 6--Parental leave

              Subdivision A--Preliminary

   262.    Employees to whom Division applies  
   263.    Definitions  
   264.    Meaning of eligible casual employee  
   264A.   Regulations may prescribe different definition for piece rate employees  

              Subdivision B--Guarantee of maternity leave

   265.    The guarantee  
   266.    Period of maternity leave  
   267.    Period of special maternity leave  
   268.    Transfer to a safe job  

              Subdivision C--Maternity leave

   269.    Special maternity leave--documentation  
   270.    Ordinary maternity leave--medical certificate  
   271.    Ordinary maternity leave--application  

              Subdivision D--Maternity leave

   272.    Maternity leave--start of leave  
   273.    Requirement to take leave--for 6 weeks after birth  
   274.    Requirement to take leave--within 6 weeks before birth  
   275.    End of pregnancy--effect on ordinary maternity leave entitlement  
   276.    Death of child--effect on ordinary maternity leave entitlement  
   277.    End of ordinary maternity leave if employee stops being primary care-giver  
   278.    Variation of period of ordinary maternity leave  
   279.    Employee's right to terminate employment during maternity leave  
   280.    Return to work guarantee--maternity leave  
   281.    Replacement employees--maternity leave  

              Subdivision E--Guarantee of paternity leave

   282.    The guarantee  
   283.    Period of paternity leave  
   284.    Short paternity leave--concurrent leave taken by spouse  
   285.    Long paternity leave--not to be concurrent with maternity leave taken by spouse  

              Subdivision F--Paternity leave

   286.    Paternity leave--medical certificate  
   287.    Short paternity leave--application  
   288.    Long paternity leave--documentation  

              Subdivision G--Paternity leave

   289.    Short paternity leave--when taken  
   290.    Long paternity leave--when taken  
   291.    End of pregnancy--effect on paternity leave  
   292.    Death of child--effect on paternity leave  
   293.    End of long paternity leave if employee stops being primary care-giver  
   294.    Variation of period of long paternity leave  
   295.    Employee's right to terminate employment during paternity leave  
   296.    Return to work guarantee--paternity leave  
   297.    Replacement employees--long paternity leave  

              Subdivision H--Guarantee of adoption leave

   298.    Meaning of eligible child  
   299.    The guarantee--pre-adoption leave  
   300.    The guarantee--adoption leave  
   301.    Period of adoption leave  
   302.    Short adoption leave--concurrent leave taken by spouse  
   303.    Long adoption leave--not to be concurrent with adoption leave taken by spouse  

              Subdivision I--Adoption leave

   304.    Adoption leave--notice  
   305.    Short adoption leave--application  
   306.    Long adoption leave--application  
   307.    Adoption leave--additional documents  

              Subdivision J--Adoption leave

   308.    Short adoption leave--when taken  
   309.    Long adoption leave--when taken  
   310.    Placement does not proceed--effect on adoption leave  
   311.    End of long adoption leave if employee stops being primary care-giver  
   312.    Variation of period of long adoption leave  
   313.    Employee's right to terminate employment during adoption leave  
   314.    Return to work guarantee--adoption leave  
   315.    Replacement employees--long adoption leave  

              Subdivision K--Parental leave

   316.    Parental leave and service  

           Division 7--Civil remedies

   317.    Definition  
   318.    Civil remedies  
   319.    Standing for civil remedies  
   320.    Court orders  

   PART 8--WORKPLACE AGREEMENTS

           Division 1--Preliminary

   321.    Definitions  
   322.    Single business and single employer  
   323.    New business  
   324.    Extended operation of Part in relation to proposed workplace agreements  
   324A.   Documents taken to be workplace agreements etc.  
   325.    Extraterritorial extension  

           Division 2--Types of workplace agreements

   326.    Individual transitional employment agreements  
   327.    Employee collective agreements  
   328.    Union collective agreements  
   329.    Union greenfields agreements  
   330.    Employer greenfields agreements  
   331.    Multiple-business agreements  
   332.    Authorisation of multiple-business agreements  
   333.    When a workplace agreement is made  

           Division 3--Bargaining agents

   334.    Bargaining agents--ITEAs  
   335.    Bargaining agents--employee collective agreements  

           Division 4--Pre-lodgment procedure

   336.    Eligible employee  
   337.    Providing employees with ready access and information statement  
   338.    Employees may waive 7-day period  
   339.    Prohibition on withdrawal from union collective agreement  
   340.    Approval of a workplace agreement  
   341.    Employer must not lodge unapproved agreement  

           Division 5--Lodgment

   342.    Employer must lodge certain workplace agreements with the Workplace Authority Director  
   343.    Lodging multiple-business agreement without authorisation  
   344.    Lodging of workplace agreement documents with the Workplace Authority Director  
   345.    Workplace Authority Director must issue receipt for lodgment of declaration for workplace agreement  
   346.    Employer must notify employees after lodging workplace agreement  
   346A.   Employer to provide copy of lodged ITEA to employee  

           Division 5A--The no-disadvantage test

              Subdivision A--Preliminary

   346B.   Definitions  
   346C.   Application of Division to workplace agreements  

              Subdivision B--The no-disadvantage test

   346D.   When does an agreement pass the no-disadvantage test?  
   346E.   Reference instruments etc.  
   346F.   Agreements to be tested as at lodgment date  
   346G.   Designated awards--before a workplace agreement or variation is lodged  
   346H.   Designated awards--after a workplace agreement or variation is lodged  
   346HA.  Effect of State awards etc.  
   346J.   Matters taken into account when testing agreement etc.  

              Subdivision C--Agreements that operate from approval, and variations of agreements

   346K.   Application of this Subdivision  
   346L.   Applying the no-disadvantage test  
   346M.   Workplace Authority Director must notify of decision  
   346N.   Agreement does not pass no-disadvantage test  
   346P.   Lodging of variation documents with the Workplace Authority Director  
   346Q.   Workplace Authority Director must test varied agreement  
   346R.   Operation of section 346N variations  

              Subdivision D--Agreements that operate from lodgment

   346S.   Application of this Subdivision  
   346T.   Applying the no-disadvantage test  
   346U.   Workplace Authority Director must notify of decision  
   346V.   Agreement does not pass no-disadvantage test--agreement not in operation  
   346W.   Agreement does not pass no-disadvantage test--agreement in operation  
   346X.   Lodging of variation documents with the Workplace Authority Director  
   346Y.   Operation of section 346W variations  
   346Z.   Workplace Authority Director must test varied agreement  
   346ZA.  Effect of decision on no-disadvantage test  
   346ZB.  Employment arrangements that apply if a workplace agreement ceases to operate because it does not pass no-disadvantage test  
   346ZC.  Effect of section 346ZB in relation to instruments  
   346ZD.  Redundancy provisions and section 394 undertakings  
   346ZE.  Operation of workplace agreements  
   346ZF.  Regulations may make provision for operation of provisions of revived instruments  

              Subdivision E--Entitlement to compensation

   346ZG.  Employee is entitled to compensation in respect of no-disadvantage test period  

              Subdivision F--Civil remedy provisions

   346ZH.  Employer must notify employees  
   346ZJ.  Employer not to dismiss etc. employee because agreement does not pass the no-disadvantage test  
   346ZK.  Other remedies for the contravention of section 346ZJ  

           Division 6--Operation of workplace agreements and persons bound

   347.    When a workplace agreement is in operation  
   347A.   Whether certain non-compliance affects the operation of a workplace agreement  
   348.    Relationship between overlapping workplace agreements  
   349.    Effect of awards while workplace agreement is in operation  
   350.    Workplace agreement displaces certain Commonwealth laws  
   351.    Persons bound by workplace agreements  

           Division 7--Content of workplace agreements

              Subdivision A--Required content

   352.    Nominal expiry date  
   353.    Workplace agreement to include dispute settlement procedures  

              Subdivision B--Prohibited content

   356.    Prohibited content  
   357.    Employer must not lodge agreement containing prohibited content  
   358.    Prohibited content in workplace agreement is void  
   359.    Initiating consideration of removal of prohibited content  
   360.    Workplace Authority Director must give notice that he or she is considering variation  
   361.    Matters to be contained in notice  
   362.    Employer must ensure employees have ready access to notice  
   363.    Workplace Authority Director must remove prohibited content from agreement  
   364.    Employer must give employees notice of removal of prohibited content  
   365.    Seeking to include prohibited content in an agreement  
   366.    Misrepresentations about prohibited content  

           Division 8--Varying a workplace agreement

              Subdivision A--General

   367.    Varying a workplace agreement  
   368.    When a variation to a workplace agreement is made  
   368A.   Documents taken to be variations of workplace agreements etc.  

              Subdivision B--Pre-lodgment procedure for variations

   369.    Eligible employee in relation to variation of workplace agreement  
   370.    Providing employees with ready access and information statement  
   371.    Employees may waive 7-day period  
   372.    Prohibition on withdrawal from variation to union collective agreement or union greenfields agreement  
   373.    Approval of a variation to a workplace agreement  
   374.    Employer must not lodge unapproved variation  

              Subdivision C--Lodgment of variations

   375.    Employer must lodge variations with the Workplace Authority Director  
   376.    Lodging variation to multiple-business agreement without authorisation  
   377.    Lodging of variation documents with the Workplace Authority Director  
   378.    Workplace Authority Director must issue receipt for lodgment of declaration for variation  
   379.    Employer must notify employees after lodging variation  

              Subdivision D--When a variation comes into operation

   380.    When a variation comes into operation  
   380A.   Whether certain non-compliance affects the operation of a variation  

           Division 9--Terminating a workplace agreement

              Subdivision A--General

   381.    Types of termination  
   381A.   Documents taken to be terminations of workplace agreements etc.  

              Subdivision B--Termination by approval

   382.    Terminating a workplace agreement by approval  
   383.    Eligible employee in relation to termination of workplace agreement  
   384.    Providing employees with information statement  
   385.    Prohibition on withdrawal from termination of union collective agreement or union greenfields agreement  
   386.    Approval of a termination  
   387.    Employer must not lodge unapproved termination  

              Subdivision C--Termination by approval

   388.    Employer must lodge termination with the Workplace Authority Director  
   389.    Lodging termination documents with the Workplace Authority Director  
   390.    Workplace Authority Director must issue receipt for lodgment of declaration for termination  
   391.    Employer must notify employees after lodging termination  

              Subdivision D--Unilateral termination after nominal expiry date

   392.    Unilateral termination in a manner provided for in workplace agreement  
   393.    Unilateral termination of ITEA with 90 days written notice  
   394.    Undertakings about post-termination conditions  
   395.    Lodging unilateral termination documents with the Workplace Authority Director  
   396.    Workplace Authority Director must issue receipt for lodgment of declaration for notice of termination  
   397.    Employer must notify employees after lodging notice of termination  

              Subdivision DA--Termination by the Commission

   397A.   Termination by the Commission  

              Subdivision E--Effect of termination

   398.    Whether a termination takes effect if certain non-compliance occurs  
   399A.   Preservation of redundancy provisions in certain circumstances  

           Division 10--Prohibited conduct

   400.    Coercion and duress  
   401.    False or misleading statements  
   402.    Employers not to discriminate between unionist and non-unionist  

           Division 11--Contravention of civil remedy provisions

              Subdivision A--General

   403.    General powers of Court not affected by this Division  
   404.    Workplace inspector may take over proceeding  
   405.    Standing for civil remedies  

              Subdivision B--Pecuniary penalty for contravention of civil remedy provisions

   406.    Application of Subdivision  
   407.    Court may order pecuniary penalty  

              Subdivision C--Other remedies for contravention of certain civil remedy provisions

   408.    Application of Subdivision  
   409.    Court may declare workplace agreement or part of workplace agreement void  
   410.    Court may vary terms of workplace agreement  
   411.    Court may order that workplace agreement continues to operate despite termination  
   412.    Date of effect and preconditions for orders under sections 409, 410 and 411  
   412A.   Court may give effect to purported workplace agreements etc.  
   413.    Court may order compensation  
   414.    Court may order injunction  

           Division 12--Miscellaneous

   415.    ITEAs with Commonwealth employees  
   416.    Evidence--verified copies  
   417.    Evidence--certificates  
   418.    Regulations relating to workplace agreements  

   PART 9--INDUSTRIAL ACTION

           Division 1--Preliminary

   419.    Definitions  
   420.    Meaning of industrial action  
   421.    Meaning of pattern bargaining  
   422.    Extraterritorial extension  

           Division 2--Bargaining periods

   423.    Initiation of bargaining period  
   424.    Employee may appoint agent to initiate bargaining period  
   425.    Identity of person who has appointed agent not to be disclosed  
   426.    Particulars to accompany notice  
   427.    When bargaining period begins  
   428.    When bargaining period ends  
   429.    Power of Commission to restrict initiation of new bargaining periods  
   430.    Suspension and termination of bargaining periods--general powers of Commission  
   431.    Suspension and termination of bargaining periods--pattern bargaining  
   432.    Suspension of bargaining periods--cooling off  
   433.    Suspension of bargaining periods--significant harm to third party  
   434.    Industrial action without further protected action ballot after end of suspension of bargaining period  

           Division 3--Protected action

              Subdivision A--What is protected action

   435.    Protected action  

              Subdivision B--Exclusions from protected action

   436.    Exclusion--claims in support of inclusion of prohibited content  
   437.    Exclusion--industrial action while bargaining period is suspended  
   438.    Exclusion--industrial action must not involve persons who are not protected for that industrial action  
   439.    Exclusion--industrial action must not be in support of pattern bargaining claims  
   440.    Exclusion--industrial action must not be taken until after nominal expiry date of workplace agreements or workplace determinations  
   441.    Exclusion--notice of action to be given  
   442.    Employee may appoint agent to give notice under section 441  
   443.    Exclusion--requirement that employee organisation or employee comply with Commission orders and directions  
   444.    Exclusion--requirement that employer genuinely try to reach agreement etc.  
   445.    Exclusion--employee and employee organisation action to be authorised by secret ballot or be in response to employer action  
   446.    Exclusion--employee organisation action must be duly authorised  

              Subdivision C--Significance of action being protected action

   447.    Immunity provisions  
   448.    Employer not to dismiss employee etc. for engaging in protected action  

           Division 4--Secret ballots on proposed protected action

              Subdivision A--General

   449.    Object of Division and overview of Division  
   450.    Definitions  

              Subdivision B--Application for order for protected action ballot to be held

   451.    Who may apply for a ballot order etc.  
   452.    Contents of application  
   453.    Material to accompany application  
   454.    Notice of application  
   455.    Joint applications  

              Subdivision C--Determination of application and order for ballot to be held

   456.    Commission may notify parties etc. of procedure  
   457.    Commission to act quickly in relation to application etc.  
   458.    Parties and relevant employees may make submissions and apply for directions  
   459.    Commission may make orders or give directions  
   460.    Commission procedure regarding multiple applications  
   461.    Application not to be granted unless certain conditions are met  
   462.    Grant of application--order for ballot to be held  
   463.    Matters to be included in order  
   464.    Guidelines for ballot timetables  
   465.    Power of Commission to require information relevant to roll of voters  
   466.    Roll to be compiled by Commission or ballot agent  
   467.    Eligibility to be included on the roll  
   468.    Adding or removing names from the roll  
   469.    Variation of order  
   470.    Expiry and revocation of order  
   471.    Compliance with orders and directions  
   472.    Commission to notify parties and authorised ballot agent  

              Subdivision D--Conduct and results of protected action ballot

   473.    Conduct of ballot  
   474.    Form of ballot paper  
   475.    Who can vote  
   476.    Declaration of ballot results  
   477.    Ballot reports  
   478.    Effect of ballot  
   479.    Registrar to record questions put in ballot, and to publish results of ballot  

              Subdivision E--Authorised ballot agents and authorised independent advisers

   480.    Who may be an authorised ballot agent?  
   481.    Who may be an authorised independent adviser?  

              Subdivision F--Funding of ballots

   482.    Liability for cost of ballot  
   483.    Commonwealth has partial liability for cost of completed ballot  
   484.    Liability for cost of legal challenges  

              Subdivision G--Miscellaneous

   485.    Identity of certain persons not to be disclosed by Commission  
   486.    Persons not to disclose identity of certain persons  
   487.    Immunity if person acted in good faith on ballot results  
   488.    Limits on challenges etc. to ballot orders etc.  
   489.    Limits on challenges etc. to ballots  
   490.    Penalties not affected  
   491.    Preservation of roll of voters, ballot papers etc.  
   492.    Conferral of function on Australian Electoral Commission  
   493.    Regulations  

           Division 5--Industrial action not to be engaged in before nominal expiry date of workplace agreement or workplace determination

   494.    Industrial action etc. must not be taken before nominal expiry date of collective agreement or workplace determinations  
   495.    Industrial action must not be taken before nominal expiry date of ITEA  

           Division 6--Orders and injunctions against industrial action

   496.    Orders and injunctions against industrial action--general  
   497.    Injunction against industrial action if pattern bargaining engaged in in relation to proposed collective agreement  

           Division 7--Ministerial declarations terminating bargaining periods

   498.    Minister's declaration  
   499.    Minister's directions to remove or reduce the threat  

           Division 8--Workplace determinations

   500.    Application of Division  
   501.    Definitions  
   502.    Negotiating period  
   503.    When Full Bench must make workplace determination  
   504.    Content of workplace determination  
   505.    Who is bound by a workplace determination?  
   506.    Act applies to workplace determination as if it were a collective agreement  

           Division 9--Payments in relation to periods of industrial action

   507.    Payments not to be made or accepted in relation to periods of industrial action  
   508.    Organisations not to take action for payments in relation to periods of industrial action  
   509.    Persons not to coerce people for payments in relation to periods of industrial action  

   PART 10--AWARDS

           Division 1--Preliminary

   510.    Objects of Part  
   511.    Performance of functions by the Commission  
   512.    Extraterritorial extension  

           Division 2--Terms that may be included in awards

              Subdivision A--Allowable award matters

   513.    Allowable award matters  
   514.    Dispute settling procedures  
   515.    Matters that are not allowable award matters  
   516.    Matters provided for by the Australian Fair Pay and Conditions Standard  
   517.    Awards may not include terms involving discrimination and preference  
   518.    Awards may not include certain terms about rights of entry  
   519.    Awards may not include enterprise flexibility provisions  

              Subdivision B--Other terms that are permitted to be in awards

   520.    Preserved award terms  
   521.    Facilitative provisions  
   522.    Incidental and machinery terms  
   523.    Anti-discrimination clauses  
   524.    Boards of reference  

              Subdivision C--Terms in awards that cease to have effect

   525.    Terms in awards that cease to have effect after the reform commencement  

              Subdivision D--Regulations relating to part-time employees

   526.    Award conditions for part-time employees  

           Division 3--Preserved award entitlements

   527.    Preservation of certain award terms  
   529.    When preserved award entitlements have effect  
   530.    Meaning of more generous  
   531.    Modifications that may be prescribed--personal/carer's leave  
   532.    Modifications that may be prescribed--parental leave  
   533.    Preserved award terms--employers bound after reform commencement  

           Division 5--Variation and revocation of awards

              Subdivision A--Variation of awards

   552.    Variation of awards--general  
   553.    Variation of awards if essential to maintain minimum safety net entitlements  
   554.    Variation of awards--other grounds  

              Subdivision B--Revocation of awards

   556.    Revocation of awards--award obsolete or no longer capable of operating  

           Division 6--Binding additional employers, employees and organisations to awards

   557.    Binding additional employers, employees and organisations to an award  
   558.    Application to be bound by an award--agreement between employer and employees  
   559.    Application to be bound by an award--no agreement between employer and employees  
   560.    Application to be bound by an award--new organisations  
   561.    Application by new organisation to be bound by an award--when application may be made  
   562.    Process for valid majority of employees  
   563.    General provisions  

           Division 7--Outworkers

   564.    Definitions  
   566.    Binding additional eligible entities and employers  

           Division 8--Technical matters

   567.    Making and publication of awards and award-related orders  
   568.    Awards and award-related orders must meet certain requirements  
   569.    Registrar's powers if member ceases to be a member  
   570.    Form of awards  
   571.    Date of awards  
   572.    Commencement of awards  
   573.    Continuation of awards  
   574.    Awards of Commission are final  
   575.    Reprints of awards as varied  
   576.    Expressions used in awards  

   PART 10A--AWARD MODERNISATION

           Division 1--Preliminary

   576A.   Object of Part  

           Division 2--Award modernisation process

   576B.   Commission's award modernisation function  
   576C.   Award modernisation request  
   576D.   Award modernisation request to be published  
   576E.   Procedure for carrying out award modernisation process  
   576F.   Completion of award modernisation process  
   576G.   Full Bench must make modern awards  
   576H.   Commission may vary modern awards  

           Division 3--Terms of modern awards

              Subdivision A--Terms that may be included in modern awards

   576J.   Matters that may be dealt with by modern awards  
   576K.   Terms providing for outworkers  
   576L.   Terms may only provide a fair minimum safety net  
   576M.   Incidental and machinery terms  
   576N.   Terms must be in accordance with award modernisation request  

              Subdivision B--Terms that must not be included in modern awards

   576P.   Terms not permitted by Subdivision A  
   576Q.   Terms that breach freedom of association provisions  
   576R.   Terms about right of entry  
   576S.   Terms that are discriminatory  
   576T.   Terms that contain State-based differences  

           Division 4--Who is bound by modern awards

   576U.   Definitions  
   576V.   Who is bound by a modern award  

           Division 5--Technical matters

   576W.   Formal requirements of modern awards and variation orders  
   576X.   When is a modern award or variation order made  
   576Y.   Commencement of modern awards and variation orders  
   576Z.   Modern awards and variation orders must be published  
   576ZA.  Modern awards and variation orders are final  
   576ZB.  Expressions used in modern awards and variation orders  

   PART 11--TRANSMISSION OF BUSINESS RULES

           Division 1--Introductory

   577.    Object  
   578.    Simplified outline  
   579.    Definitions  

           Division 2--Application of Part

   580.    Application of Part  
   581.    Transferring employees  
   582.    Transferring employees in relation to particular instrument  

           Division 3--Transmission of ITEA

   583.    Transmission of ITEA  
   584.    Termination of transmitted ITEA  

           Division 4--Transmission of collective agreement

              Subdivision A--General

   585.    Transmission of collective agreement  
   586.    Interaction rules  
   587.    Transmitted collective agreement ceasing in relation to transferring employee  
   588.    Termination of transmitted collective agreement  

              Subdivision B--Commission's powers

   589.    Application and terminology  
   590.    Commission may make order  
   591.    When application for order can be made  
   592.    Who may apply for order  
   593.    Applicant to give notice of application  
   594.    Submissions in relation to application  

           Division 5--Transmission of award

   595.    Transmission of award  
   596.    Interaction rules  
   597.    Transmitted award ceasing in relation to transferring employee  

           Division 6--Transmission of APCS

   598.    Transmission of APCS  

           Division 6A--Transmission of preserved redundancy provisions from workplace agreements

   598A.   Transmission of preserved redundancy provisions from workplace agreements  

           Division 7--Entitlements under the Australian Fair Pay and Conditions Standard

   599.    Parental leave entitlements  
   600.    New employer assuming liability for particular entitlements  
   601.    New employer assuming entitlements generally  

           Division 7A--Application of no-disadvantage test

   601A.   No decision under section 346D at time of transmission  
   601B.   No decision on a varied agreement under section 346Z at time of transmission  
   601C.   Employees still employed by old employer  
   601D.   Employment arrangements if a workplace agreement ceases to operate because it does not pass no-disadvantage test  
   601E.   Effect of section 601D in relation to instruments  
   601F.   Regulations may make provision for operation of revived instruments  
   601G.   Compensation in respect of no-disadvantage test period  
   601H.   Notice requirements in relation to transmission of business  

           Division 8--Notice requirements and enforcement

   602.    Informing transferring employees about transmission of instrument  
   603.    Lodging copy of notice with Workplace Authority Director  
   603A.   Informing transferring employees about transmission of preserved redundancy provisions  
   603B.   Lodging copy of notice about preserved redundancy provisions with Workplace Authority Director  
   604.    Workplace Authority Director must issue receipt for lodgment  
   605.    Civil penalties  

           Division 9--Miscellaneous

   606.    Regulations  

   PART 12--MINIMUM ENTITLEMENTS OF EMPLOYEES

           Division 1--Entitlement to meal breaks

   607.    Meal breaks  
   608.    Displacement of entitlement to meal breaks  
   609.    Model dispute resolution process  
   610.    Extraterritorial extension  

           Division 2--Entitlement to public holidays

   611.    Definition of public holiday  
   612.    Entitlement to public holidays  
   613.    Reasonableness of refusal  
   614.    Model dispute resolution process  
   615.    Employer not to prejudice employee for reasonable refusal  
   616.    Penalties etc. for contravention of section 615  
   617.    Burden of proof in relation to reasonableness of refusal  
   618.    Proof not required of the reason for conduct  
   619.    Extraterritorial extension  

           Division 3--Equal remuneration for work of equal value

   620.    Object  
   621.    Relationship of this Division to other laws providing alternative remedies  
   622.    Relationship of this Division to AFPC decisions and the Australian Fair Pay and Conditions Standard  
   623.    Equal remuneration for work of equal value  
   624.    Orders requiring equal remuneration  
   625.    Orders only on application  
   626.    Conciliation or mediation  
   627.    If conciliation or mediation is unsuccessful  
   628.    Hearing of matter by member who conducted conciliation  
   629.    Immediate or progressive introduction of equal remuneration  
   630.    Employer not to reduce remuneration  
   631.    Employer not to prejudice employee  
   632.    Penalties etc. for contravention of section 631  
   633.    Proof not required of the reason for conduct  
   634.    Extraterritorial extension  

           Division 4--Termination of employment

              Subdivision A--Object, application and definitions

   635.    Object  
   636.    Meaning of employee, employer and employment  
   637.    Application  
   638.    Exclusions  
   639.    Regulations may provide for additional exclusions  
   640.    People's rights, liabilities and obligations the same as if certain provisions of the regulations had been valid  
   641.    Extraterritorial extension  
   642.    Definitions  

              Subdivision B--Application to Commission for relief in respect of termination of employment

   643.    Application to Commission to deal with termination under this Subdivision  
   644.    Fees for lodging applications under section 643  
   645.    Motions for dismissal of application for want of jurisdiction  
   646.    Applications that are frivolous, vexatious or lacking in substance  
   647.    Extension of time applications may be decided without a hearing  
   648.    Matters that do not require a hearing  
   649.    Dismissal of application relating to termination for operational reasons  
   650.    Conciliation  
   651.    Elections to proceed to arbitration or to begin court proceedings  
   652.    Arbitration  
   653.    Exercise of arbitration powers by member who has exercised conciliation powers  
   654.    Remedies on arbitration  
   655.    Orders made on arbitration are binding  
   656.    Representatives to disclose contingency fee agreements  
   657.    Commission may dismiss application if applicant fails to attend  
   658.    Commission may order payment of costs  

              Subdivision C--Unlawful termination of employment by employer

   659.    Employment not to be terminated on certain grounds  
   660.    Employer to notify CES of proposed terminations in certain cases  
   661.    Employer to give notice of termination  
   662.    Contravention of this Subdivision not an offence  
   663.    Application to courts in relation to alleged contravention of section 659, 660 or 661  
   664.    Proof of issues in relation to alleged contravention of section 659  
   665.    Orders available to courts  
   666.    Costs  
   667.    Small claims procedure  

              Subdivision D--Commission orders after employer fails to consult trade union about terminations

   668.    Orders by Commission where employer fails to consult trade union about terminations  
   669.    Orders only on application  
   670.    Powers and procedures of Commission for dealing with applications  
   671.    No order if alternative remedy exists  

              Subdivision E--Rights relating to termination of employment

   672.    Limitation on applications alleging termination on paragraph 643(1)(a) grounds  
   673.    No second applications under section 643 concerning same termination to be made  
   674.    Limitation on applications alleging unlawful termination  

              Subdivision F--Unmeritorious or speculative proceedings

   675.    Definitions  
   676.    Advisers not to encourage applicants to make, or to pursue, certain applications  
   677.    Applications to the Court  
   678.    Evidentiary matters  
   679.    Order that the Court may make  

           Division 5--Orders and proceedings

   680.    Orders to be in writing  
   681.    When orders take effect  
   682.    Compliance with orders  
   683.    Variation and revocation of orders  
   684.    Representation of employers  
   685.    Appeals to Full Bench  
   686.    Inconsistency with awards or other orders of Commission  
   687.    Meaning of employee and employer  

           Division 6--Parental leave

   688.    Object and application of Division  
   689.    Entitlement to parental leave  
   690.    Division supplements other laws  
   691.    Model dispute resolution process  

           Division 7--Stand downs

   691A.   Employer may stand down employees in certain circumstances  
   691B.   Prohibition of unauthorised stand downs  
   691C.   Extraterritorial extension  

   PART 13--DISPUTE RESOLUTION PROCESSES

           Division 1--Preliminary

   692.    Object  
   693.    Court process  

           Division 2--Model dispute resolution process

   694.    Model dispute resolution process  
   695.    Resolving dispute at workplace level  
   696.    Where dispute cannot be resolved at workplace level  
   697.    Conduct during dispute  

           Division 3--Alternative dispute resolution process conducted by Commission under model dispute resolution process

   698.    Alternative dispute resolution process  
   699.    Application  
   700.    Refusing application  
   701.    Commission's powers  
   702.    Privacy  
   703.    When alternative dispute resolution process complete  

           Division 4--Alternative dispute resolution process used to resolve other disputes

   704.    Application  
   705.    Grounds on which Commission must refuse application  
   706.    Powers of the Commission  
   707.    Privacy  
   708.    When alternative dispute resolution process complete  

           Division 5--Dispute resolution process conducted by the Commission under workplace agreement

   709.    Application  
   710.    Grounds on which Commission must refuse application  
   711.    Commission's powers  
   712.    Privacy  

           Division 6--Dispute resolution process conducted by another provider

   713.    Application of this Division  
   714.    Representation  
   715.    Privacy  
   716.    Where anti-discrimination or equal opportunity proceedings in progress  

   PART 14--COMPLIANCE

           Division 1--Definitions

   717.    Definitions  

           Division 2--Penalties and other remedies for contravention of applicable provisions

   718.    Standing to apply for penalties or remedies under this Division  
   719.    Imposition and recovery of penalties  
   720.    Recovery of wages etc.  
   721.    Damages for breach of ITEA  
   722.    Interest up to judgment  
   723.    Interest on judgment  
   724.    Plaintiffs may choose small claims procedure in magistrates' courts  
   725.    Small claims procedure  
   726.    Unclaimed moneys  

           Division 3--General provisions relating to civil remedies

   727.    Operation of this Division  
   728.    Involvement in contravention treated in same way as actual contravention  
   729.    Civil evidence and procedure rules for civil remedy orders  
   730.    Recovery of pecuniary penalties  
   731.    Civil proceedings after criminal proceedings  
   732.    Criminal proceedings during civil proceedings  
   733.    Criminal proceedings after civil proceedings  
   734.    Evidence given in proceedings for pecuniary penalty not admissible in criminal proceedings  
   735.    Civil double jeopardy  

   PART 15--RIGHT OF ENTRY

           Division 1--Preliminary

   736.    Objects of this Part  
   737.    Definitions  
   738.    Form of entry notice  
   739.    Extraterritorial extension  

           Division 2--Issue of permits

   740.    Issue of permit  
   741.    Imposition of permit conditions at time of issue  
   742.    Permit not to be issued in certain cases  

           Division 3--Expiry, revocation, suspension etc

   743.    Expiry of permit  
   744.    Revocation, suspension etc. by Registrar  
   745.    Revoked etc. permit must be returned to Registrar  
   746.    Extra conditions to be endorsed on permit  

           Division 4--Right of entry to investigate suspected breaches

   747.    Right of entry to investigate breach  
   748.    Rights of permit holder after entering premises  
   749.    Limitation on rights--entry notice or exemption certificate  
   750.    Exemption from requirement to provide entry notice  
   751.    Limitation on rights--failure to comply with requests of occupier or affected employer  
   752.    Limitation on rights--residential premises  
   753.    Limitation on rights--permit conditions  
   754.    Burden of proving reasonable grounds for suspecting breach  

           Division 5--Entry for OHS purposes

   755.    OHS entries to which this Division applies  
   756.    Permit required for OHS entry  
   757.    Rights to inspect employment records after entering premises  
   758.    Limitation on OHS entry--failure to comply with requests of occupier  
   759.    Limitation on OHS entry--permit conditions  

           Division 6--Right of entry to hold discussions with employees

   760.    Right of entry to hold discussions with employees  
   761.    Limitation on rights--times of entry and discussions  
   762.    Limitation on rights--conscientious objection certificates  
   763.    Limitation on rights--entry notice  
   764.    Limitation on rights--residential premises  
   765.    Limitation on rights--failure to comply with requests of occupier or affected employer  
   766.    Limitation on rights--permit conditions  

           Division 7--Prohibitions

   767.    Hindering, obstruction etc. in relation to this Part  
   768.    Misrepresentations about right of entry  

           Division 8--Enforcement

   769.    Penalties etc. for contravention of civil remedy provisions  

           Division 9--Powers of the Commission

   770.    Orders by Commission for abuse of system  
   771.    Unreasonable requests by occupier or affected employer  
   772.    Disputes about the operation of this Part  
   773.    Powers of inspection  
   774.    Parties to proceedings  
   775.    Kinds of orders  
   776.    Relief not limited to claim  
   777.    Publishing orders  

   PART 16--FREEDOM OF ASSOCIATION

           Division 1--Preliminary

   778.    Objects of Part  
   779.    Definitions  
   780.    Meaning of industrial action  
   781.    Meaning of office  

           Division 2--Conduct to which this Part applies

   782.    Application  
   783.    Organisations  
   784.    Matters arising under this Act or the Registration and Accountability of Organisations Schedule  
   785.    Constitutional corporations  
   786.    Commonwealth and Commonwealth authorities  
   787.    Territories and Commonwealth places  
   788.    Extraterritorial extension  

           Division 3--General prohibitions relating to freedom of association

   789.    Coercion  
   790.    False or misleading statements about membership  
   791.    Industrial action for reasons relating to membership  

           Division 4--Conduct by employers etc

   792.    Dismissal etc. of members of industrial associations etc.  
   793.    Prohibited reasons  
   794.    Inducements to cease membership etc. of industrial associations etc.  

           Division 5--Conduct by employees etc

   795.    Cessation of work  

           Division 6--Conduct by industrial associations etc

   796.    Industrial associations acting against employers  
   797.    Industrial associations acting against employees etc.  
   798.    Industrial associations acting against members  
   799.    Industrial associations acting against independent contractors etc.  
   800.    Industrial associations acting against independent contractors etc. to encourage contraventions  
   801.    Industrial associations not to demand bargaining services fee  
   802.    Action to coerce person to pay bargaining services fee  
   803.    Industrial associations not prevented from entering contracts  

           Division 7--Conduct in relation to industrial instruments

   804.    Discrimination against employer in relation to industrial instruments  

           Division 8--False or misleading representations about bargaining services fees etc

   805.    False or misleading representations about bargaining services fees etc.  

           Division 9--Enforcement

   806.    Definition  
   807.    Penalties etc. for contravention of civil remedy provisions  
   808.    Conduct that contravenes Division 3 and another Division of this Part  
   809.    Proof not required of the reason for, or the intention of, conduct  

           Division 10--Objectionable provisions

   810.    Meaning of objectionable provision  
   811.    Objectionable provisions etc. in industrial instruments etc.  
   812.    Removal of objectionable provisions from awards  

           Division 11--Miscellaneous

   813.    Freedom of association not dependent on certificate  

   PART 17--OFFENCES

   814.    Offences in relation to Commission  
   815.    Attendance at compulsory conferences  
   816.    Intimidation etc.  
   817.    Creating disturbance near Commission  
   818.    Offences relating to witnesses  
   819.    Non-compliance with requirement made by an inspector  
   820.    False statement in application for protected action ballot order  
   821.    Offences in relation to secret ballots ordered under Division 4 of Part 9  
   822.    Contracts entered into by agents of employers  
   823.    Publication of trade secrets etc.  

   PART 18--COSTS

           Division 1--Costs

   824.    Costs only where proceeding instituted vexatiously etc.  

   PART 19--MISCELLANEOUS

   825.    Delegation by Minister  
   826.    Conduct by officers, directors, employees or agents  
   827.    Signature on behalf of body corporate  
   828.    No imprisonment in default  
   829.    Jurisdiction of courts limited as to area  
   830.    Public sector employer to act through employing authority  
   831.    Variation of workplace agreements on grounds of sex discrimination  
   835.    Proceedings by and against unincorporated clubs  
   836.    Records relating to employees  
   837.    Inspection of documents etc.  
   838.    Interim injunctions  
   839.    Trade secrets etc. tendered as evidence  
   840.    Powers of courts  
   841.    Application of penalty  
   842.    Enforcement of penalties etc.  
   843.    Appropriation for payment of certain salaries and allowances  
   844.    Reports about developments in making agreements  
   845.    Acquisition of property  
   846.    Regulations  

   PART 20--JURISDICTION OF THE FEDERAL COURT OF

           Division 1--Original jurisdiction

   847.    Jurisdiction of Court  
   848.    Interpretation of awards  
   849.    Interpretation of certified agreements  
   850.    Exclusive jurisdiction  
   851.    Exercise of Court's original jurisdiction  
   852.    Reference of proceedings to Full Court  

           Division 2--Appellate jurisdiction

   853.    Appeals from State and Territory courts  

           Division 3--Representation and intervention

   854.    Representation of parties before the Court or the Federal Magistrates Court  
   855.    Intervention generally  
   856.    Particular rights of intervention of Minister  

   PART 21--MATTERS REFERRED BY

           Division 1--Introduction

   857.    Objects  
   858.    Definitions  
   859.    Part only has effect if supported by reference  

           Division 2--Pay and conditions

   860.    Additional effect of Act--AFPC's powers  
   861.    Additional effect of Act--Australian Fair Pay and Conditions Standard  
   862.    Application of the Australian Fair Pay and Conditions Standard to employees in Victoria  
   863.    Additional provisions of the Australian Fair Pay and Conditions Standard  
   864.    Adjustment of APCSs  
   865.    Limitation on application of minimum wage standards  
   866.    Guarantee against reductions below pre-reform basic periodic rates of pay  
   867.    Guarantee against reductions below pre-reform casual loadings that apply to basic periodic rates of pay  
   868.    Additional effect of Act--enforcement of, and compliance with, the Australian Fair Pay and Conditions Standard  

           Division 3--Workplace agreements

   869.    Additional effect of Act--workplace agreements  
   870.    Workplace agreements--mandatory term about basic periodic rate of pay  
   871.    Workplace agreements--mandatory term about casual loading  

           Division 4--Industrial action

   872.    Additional effect of Act--industrial action  
   873.    Intervention in proceedings under Part 9  
   874.    Additional effect of Act--enforcement of, and compliance with, orders under Part 9  

           Division 5--Meal breaks

   875.    Additional effect of Act--meal breaks  
   876.    Additional effect of Act--enforcement of, and compliance with, section 607  

           Division 6--Public holidays

   877.    Additional effect of Act--public holidays  
   878.    Additional effect of Act--enforcement of, and compliance with, section 612  

           Division 7--Termination of employment

   879.    Additional effect of Act--termination of employment  
   880.    Additional effect of Act--enforcement of, and compliance with, orders under Division 4 of Part 12  

           Division 7A--Stand downs

   880A.   Additional effect of Act--stand downs  

           Division 8--Freedom of association

   881.    Additional effect of Act--freedom of association  

           Division 9--Right of entry

   882.    Right of entry  
   883.    Additional effect of Act--enforcement of, and compliance with, orders under Part 15  

           Division 10--Employee records and pay slips

   884.    Additional effect of Act--employee records and pay slips  

           Division 11--Transmission of business

   885.    Additional effect of Act--transmission of business  
   886.    Additional effect of Act--enforcement of, and compliance with, orders under Part 11  

           Division 11A--Sham arrangements

   886A.   Additional effect of Act--sham arrangements  

           Division 12--Employment agreements

   887.    Definitions  
   888.    Application of this Division  
   889.    Inconsistency with other Commonwealth laws  
   890.    Continued operation of employment agreements  
   892.    Model dispute resolution process  
   893.    Additional effect of Act--enforcing employment agreements  
   894.    Employer to give copy of employment agreement  
   895.    Registrar not to divulge information in employment agreements  
   896.    Relationship between employment agreements and Australian Fair Pay and Conditions Standard  
   897.    Relationship between employment agreements and awards  

           Division 13--Exclusion of Victorian laws

   898.    Additional effect of Act--exclusion of Victorian laws  

           Division 14--Additional effect of other provisions of this Act

   899.    Additional effect of other provisions of this Act  

   PART 22--SHAM ARRANGEMENTS

   900.    Misrepresenting an employment relationship as an independent contracting arrangement  
   901.    Misrepresenting a proposed employment relationship as a proposed independent contract arrangement  
   902.    Dismissal etc. for purpose of engaging certain persons as independent contractors  
   903.    Prohibited conduct for purpose of engaging certain persons as independent contractors  
   904.    Penalty for contravention  
   905.    Meaning of Court  

   PART 23--SCHOOL-BASED APPRENTICES AND TRAINEES

           Division 1--Preliminary

   914.    Definitions  

           Division 2--School-based apprentices

   915.    Additional conditions for school-based apprentices  
   916.    Pay for apprentices who were school-based apprentices  

           Division 3--School-based trainees

   917.    Additional conditions for school-based trainees  
   918.    Loading in lieu of certain conditions  

           Division 4--Enforcement

   919.    Enforcement  
           SCHEDULE 1 Registration and Accountability of Organisations 
           SCHEDULE 2 Extra provisions relating to definitions
           SCHEDULE 3 Oath or affirmation of office
           SCHEDULE 4 Convention concerning termination of employment at the initiative of the employer
           SCHEDULE 5 Convention concerning equal opportunities and equal treatment for men and women workers: workers with family responsibilities
           SCHEDULE 6 Transitional arrangements for parties bound by federal awards
           SCHEDULE 7
           SCHEDULE 7A Transitional arrangements for existing AWAs
           SCHEDULE 7B Transitional arrangements for existing collective agreements
           SCHEDULE 8 Transitional treatment of State employment agreements and State awards
           SCHEDULE 9 Transmission of business rules (transitional instruments)
           SCHEDULE 10 Transitionally registered associations


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