Section 675 — Fair Work Act 2009: Contravening an FWC order

(1) A person commits an offence if: (a) the FWC has made an order under this Act; and (b) either of the following applies: (i) the order applies to the person; (ii) a term of the order applies to the person; and (c) the person engages in conduct; and (d) the conduct contravenes: (i) a term of the order referred to in subparagraph (b)(i); or (ii) the term referred to in subparagraph (b)(ii). (2) However, subsection (1) does not apply to the following orders: (aa) an order under subsection 65C(1) (which deals with arbitration of disputes relating to requests for flexible working arrangements); (ab) an order under subsection 76C(1) (which deals with the extension of periods of unpaid parental leave); (ac) an order under subsection 66MA(1) (which deals with casual employment); (a) an order under Part 2-3 (which deals with modern awards); (aaa) an order under subsection 177A(7) (certificate to be a bargaining representative); (b) a bargaining order; (c) a scope order; (d) an order under Part 2-6 (which deals with minimum wages); (e) an equal remuneration order; (f) an order under Part 2-8 (which deals with transfer of business); (fa) an order under Division 6 of Part 2-9 (which deals with the employee right to disconnect); (g) an order under Division 6 of Part 3-3 (which deals with the suspension or termination of protected industrial action); (h) a protected action ballot order, or an order in relation to a protected action ballot order or a protected action ballot; (i) an order under Part 3-5 (which deals with stand down); (ia) an order under Part 3-5A (which deals with sexual harassment in connection with work); (j) an order under Part 6-4B (which deals with workers bullied at work); (k) an order under Part 6-4C (which deals with the Coronavirus economic response); (l) a minimum standards order; (m) a road transport contractual chain order. Penalty: Imprisonment for 12 months. (3) Strict liability applies to paragraphs (1)(a) and (b). Note: For strict liability, see section 6.1 of the Criminal Code.