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StatuteFair Work Act 2009

Section 6 — Fair Work Act 2009: Rights and responsibilities of employees, employers, organisations etc. (Chapter 3)

Text of the provision Official document

(1) Chapter 3 sets out rights and responsibilities of national system employees, national system employers, organisations and others (such as independent contractors and industrial associations). (2) Part 3-1 provides general workplace protections. It: (a) protects workplace rights; and (b) protects freedom of association and involvement in lawful industrial activities; and (c) provides other protections, including protection from discrimination. (3) Part 3-2 deals with unfair dismissal of national system employees, and the granting of remedies when that happens. (4) Part 3-3 deals mainly with industrial action by national system employees and national system employers and sets out when industrial action is protected industrial action. No action lies under any law in force in a State or Territory in relation to protected industrial action except in certain circumstances. (5) Part 3-4 is about the rights of officials of organisations who hold entry permits to enter premises for purposes related to their representative role under this Act and under State or Territory OHS laws. In exercising those rights, permit holders must comply with the requirements set out in the Part. (6) Part 3-5 allows a national system employer to stand down a national system employee without pay in certain circumstances. (6A) Part 3-5A prohibits sexual harassment of workers, persons seeking to become workers and persons conducting businesses or undertakings, and provides for the granting of remedies when that happens. (7) Part 3-6 deals with other rights and responsibilities of national system employers in relation to: (a) termination of employment; and (b) keeping records and giving payslips; and (c) advertising rates of pay. (8) Part 3-7 deals with offences in relation to corrupting benefits.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.