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Fair Work Regulations 2009
In force
Administered by
Department of Employment and Workplace Relations
This item is authorised by the following title:
Fair Work Act 2009
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F2024C00002 (C47)
30 December 2023
-
10 April 2024
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Table of contents
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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 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
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Chapter 2—Terms and conditions of employment
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Part 2 2—The National Employment Standards
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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
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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
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Part 2 4—Enterprise agreements
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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
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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
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Division 7—Variation and termination of enterprise agreements
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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
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Division 2—Payment of wages
2.12A Employee authorised deductions—authorisation requirements
2.12 Certain terms have no effect—reasonable and not reasonable deductions
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Division 3—Guarantee of annual earnings
2.13 High Income threshold
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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
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Chapter 3—Rights and responsibilities of employees, employers, organisations etc.
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Part 3 1—General protections
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Division 5—Other protections
3.01 Temporary absence—illness or injury
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Division 8—Compliance
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Subdivision A—Contraventions involving dismissal
3.02 Application fees
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Subdivision B—Other contraventions
3.03 Application fees
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Subdivision C—Conference costs
3.04 Schedule of costs
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Part 3 2—Unfair dismissal
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Division 2—Protection from unfair dismissal
3.05 When a person is protected from unfair dismissal—high income threshold
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Division 4—Remedies for unfair dismissal
3.06 Remedy—compensation (amount taken to have been received by the employee)
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Division 5—Procedural matters
3.07 Application fees
3.08 Schedule of costs
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Part 3 3—Industrial action
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Division 2—Protected industrial action
3.09 Purposes prescribed for continuity of employment when employer response action occurs
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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
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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
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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
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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
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Part 3 4—Right of entry
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Division 2—Entry to investigate suspected contravention relating to TCF award workers
3.24A Prescribed accreditation body
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Division 3—State or Territory OHS rights
3.25 Meaning of State or Territory OHS law
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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
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Part 3 5A—Prohibiting sexual harassment connected with work
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Division 3—Dealing with sexual harassment disputes
3.29A Applications for the FWC to deal with sexual harassment disputes—defence members
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Part 3 6—Other rights and responsibilities
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Division 2—Notification and consultation relating to certain dismissals
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Subdivision A—Requirement to notify Centrelink
3.30 Employer to notify Centrelink of certain proposed dismissals—form of notice
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Division 3—Employer obligations in relation to employee records and pay slips
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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
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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
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Chapter 4—Compliance and enforcement
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Part 4 1—Civil remedies
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Division 2—Orders
4.01A Applications for orders in relation to contraventions of civil remedy provisions
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Division 3—Small claims procedure
4.01 Plaintiffs may choose small claims procedure
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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
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Division 5—Unclaimed money
4.11 Unclaimed money
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Chapter 5—Administration
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Part 5 1—Fair Work Commission
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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
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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
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Part 5 2—Office of the Fair Work Ombudsman
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Division 3—Office of the Fair Work Ombudsman
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Subdivision D—Functions and powers of Fair Work Inspectors—general
5.05 Powers and functions of inspectors—notification of failure to observe requirements
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Subdivision DA—Power to enter premises
5.06 Powers of inspectors while on premises—taking samples of goods and substances
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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
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Chapter 6—Miscellaneous
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Part 6 2—Dealing with disputes
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Division 2—Dealing with disputes
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Subdivision A—Model term about dealing with disputes
6.01 Model term about dealing with disputes
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Part 6 3—Extension of National Employment Standards entitlements
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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
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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
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Part 6 4—Additional provisions relating to termination of employment
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Division 2—Termination of employment
6.04 Temporary absence—illness or injury
6.05 Application fees
6.06 Schedule of costs
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Division 3—Notification and consultation requirements relating to certain terminations of employment
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Subdivision B—Requirement to notify Centrelink
6.07 Employer to notify Centrelink of certain proposed terminations—form of notice
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Part 6 4B—Workers bullied at work
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Division 2—Stopping workers being bullied at work
6.07A Application fees
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Part 6 4C—Coronavirus economic response
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Division 1—Introduction
6.07B 10% decline in turnover test—modification
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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
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Part 6 4D—The National Construction Industry Forum
6.07CA Travel allowances—prescribed rates
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Part 6 4DA—Transitional matters relating to employers etc. ceasing to be national system employers etc.
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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
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Part 6 5—Miscellaneous
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Division 2—Miscellaneous
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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
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Chapter 7—Transitional provisions
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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
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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
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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
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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
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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
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
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Schedule 3.1—Schedule of costs
Part 1—Instructions
Part 2—Documents
Part 3—Drawing
Part 4—Writing or typing legal letters
Part 5—Copies
Part 6—Perusal and scanning
Part 7—Examination
Part 8—Letters
Part 9—Service
Part 10—Preparation of appeal books
Part 11—Attendances
Part 12—General care and conduct
Part 13—Fees for Counsel for solicitor appearing as Counsel
Part 14—Witnesses’ expenses
Part 15—Disbursements
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Schedule 3.2—Ballot papers
Form 1—Ballot paper under Part 3 of Chapter 3
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Schedule 3.3—Forms relating to entry to premises
Form 2—Entry notice
Form 3—Exemption certificates
Form 4—Affected member certificate
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Schedule 3.4—Forms for certain dismissals
Form 1—Notice to Centrelink of proposed dismissals
Schedule 4.1—Form of claim for unclaimed money
Schedule 5.1—Oath and affirmation of office
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Schedule 5.2—Information and copies of documents to be provided to the Minister and the Fair Work Ombudsman
Part 1—Information and copies of documents to be provided to the Minister
Part 2—Information and copies of documents to be provided to the Fair Work Ombudsman
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Schedule 5.3—Forms for FWO Notices
Form 1—FWO notice to give information
Form 2—FWO notice to produce documents
Form 3—FWO notice to attend and answer questions
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
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Schedule 6.2—Forms for certain terminations
Form 1—Notice to Centrelink of proposed terminations
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Schedule 6.3—Public sector employment—employing authorities
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history