Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 242 — Supported bargaining authorisations
(1) The following persons may apply to the FWC for an authorisation (a supported bargaining authorisation) under section 243 in relation to a proposed multi-enterprise agreement: (a) a bargaining…
Section 243 — When the FWC must make a supported bargaining authorisation
Supported bargaining authorisation—main case (1) The FWC must make a supported bargaining authorisation in relation to a proposed multi-enterprise agreement if: (a) an application for the…
Section 243A — Restrictions on making supported bargaining authorisations
Relationship between this section and section 243 (1A) Section 243 has effect subject to this section. Employees covered by single-enterprise agreement that has not passed nominal expiry date (1) The…
Section 244 — Variation of supported bargaining authorisations—general
Variation to remove employer (1) An employer specified in a supported bargaining authorisation may apply to the FWC for a variation of the authorisation to remove the employer’s name from the…
Section 245 — Variation of supported bargaining authorisations—enterprise agreement etc. comes into operation
(1) The FWC is taken to have varied a supported bargaining authorisation to remove an employer’s name when the employer and all of their employees who are specified in the authorisation are covered…
Section 246 — FWC’s assistance
Application of this section (1) This section applies if a supported bargaining authorisation is in operation in relation to a proposed multi-enterprise agreement. FWC’s assistance (2) The FWC may, on…
Section 248 — Single interest employer authorisations
(1) The following may apply to the FWC for an authorisation (a single interest employer authorisation) under section 249 in relation to a proposed enterprise agreement that will cover two or more…
Section 249 — When the FWC must make a single interest employer authorisation
Single interest employer authorisation (1) The FWC must make a single interest employer authorisation in relation to a proposed enterprise agreement if: (a) an application for the authorisation has…
Section 249A — Restriction on making single interest employer authorisations
The FWC must not make a single interest employer authorisation in relation to a proposed enterprise agreement if the agreement would cover employees in relation to general building and construction…
Section 250 — What a single interest employer authorisation must specify
What authorisation must specify (1) A single interest employer authorisation in relation to a proposed enterprise agreement must specify the following: (a) the employers that will be covered by the…
Section 251 — Variation of single interest employer authorisations
Variation to remove employer (1) The following may apply to the FWC for a variation of a single interest employer authorisation to remove an employer’s name from the authorisation: (a) the employer;…
Section 251A — Restriction on variation of single interest employer authorisation
Despite subsection 251(4), the FWC must not vary a single interest employer authorisation if, as a result of the variation, the proposed enterprise agreement to which the authorisation relates would…
Section 252 — Variation to extend period single interest employer authorisation is in operation
(1) A bargaining representative for a proposed enterprise agreement to which a single interest employer authorisation relates may apply to the FWC to vary the authorisation to extend the period for…
Section 253 — Terms of an enterprise agreement that are of no effect
(1) A term of an enterprise agreement has no effect to the extent that: (a) it is not a term about a permitted matter; or (b) it is an unlawful term; or (c) it is a designated outworker term. Note 1:…
Section 254 — Applications by bargaining representatives
Application of this section (1) This section applies if a provision of this Part permits an application to be made by a bargaining representative of an employer that will be covered by a proposed…
Section 254A — Entitlement for volunteer bodies to make submissions
(1) A body covered by subsection (2) is entitled to make a submission for consideration in relation to a matter before the FWC if: (a) the matter arises under this Part; and (b) the matter affects,…
Section 255 — Part does not empower the FWC to make certain orders
(1) This Part does not empower the FWC to make an order that requires, or has the effect of requiring: (a) particular content to be included or not included in a proposed enterprise agreement; or (b)…
Section 255A — Limitations relating to greenfields agreements
(1) If: (a) a proposed single-enterprise agreement is a greenfields agreement; and (b) there has been a notified negotiation period for the agreement; and (c) the notified negotiation period has…
Section 256 — Prospective employers and employees
A reference to an employer, or an employee, in relation to a greenfields agreement, includes a reference to a person who may become an employer or employee.
Section 256A — How employees, employers and employee organisations are to be described
(1) This section applies if a provision of this Part requires or permits an instrument of any kind to specify the employers, employees or employee organisations covered, or who will be covered, by an…
Section 257 — Enterprise agreements may incorporate material in force from time to time etc.
Despite section 46AA of the Acts Interpretation Act 1901, an enterprise agreement may incorporate material contained in an instrument or other writing: (a) as in force at a particular time; or (b) as…
Section 258 — Guide to this Part
This Part is about workplace determinations, which provide terms and conditions for those national system employees to whom they apply. Division 3 deals with industrial action related workplace…
Section 259 — Meanings of employee and employer
In this Part, employee means a national system employee, and employer means a national system employer. Note: See also Division 2 of Part 6-4A (TCF contract outworkers taken to be employees in…
Section 266 — When the FWC must make an industrial action related workplace determination
Industrial action related workplace determination (1) If: (a) a termination of industrial action instrument has been made in relation to a proposed enterprise agreement; and (b) the post-industrial…
Section 267 — Terms etc. of an industrial action related workplace determination
Basic rule (1) An industrial action related workplace determination must comply with subsection (4) and include: (a) the terms set out in subsections (2) and (3); and (b) the core terms set out in…
Section 268 — No other terms
An industrial action related workplace determination must not include any terms other than those required by subsection 267(1).
Section 269 — When the FWC must make an intractable bargaining workplace determination
If an intractable bargaining declaration has been made in relation to a proposed enterprise agreement, the FWC must make a determination (an intractable bargaining workplace determination) as quickly…
Section 270 — Terms etc. of an intractable bargaining workplace determination
Basic rule (1) An intractable bargaining workplace determination must comply with subsection (4) and include: (a) the terms set out in this section; and (b) the core terms set out in section 272; and…
Section 270A — Terms dealing with matters at issue
(1) This section applies if, immediately before the determination is made, an enterprise agreement applies to one or more employees who will be covered by the determination. (2) A term that is…
Section 271 — No other terms
An intractable bargaining workplace determination must not include any terms other than those required by subsection 270(1).
Section 272 — Core terms of workplace determinations
Core terms (1) This section sets out the core terms that a workplace determination must include. Nominal expiry date (2) The determination must include a term specifying a date as the determination’s…
Section 273 — Mandatory terms of workplace determinations
Mandatory terms (1) This section sets out the mandatory terms that a workplace determination must include. Term about settling disputes (2) The determination must include a term that provides a…
Section 274 — Agreed terms for workplace determinations
Agreed term for an industrial action related workplace determination (2) An agreed term for an industrial action related workplace determination is a term that the bargaining representatives for the…
Section 275 — Factors the FWC must take into account in deciding terms of a workplace determination
The factors that the FWC must take into account in deciding which terms to include in a workplace determination include the following: (a) the merits of the case; (c) the interests of the employers…
Section 276 — When a workplace determination operates etc.
(1) A workplace determination operates from the day on which it is made. (2) A workplace determination ceases to operate on the earlier of the following days: (a) the day on which a termination of…
Section 277 — Employers, employees and employee organisations covered by a workplace determination
Employers, employees and employee organisations (1) A workplace determination covers an employer, employee or employee organisation if the determination is expressed to cover the employer, employee…
Section 278 — Interaction of a workplace determination with enterprise agreements etc.
Interaction with an earlier enterprise agreement (1A) If: (a) an enterprise agreement applies to an employee in relation to particular employment; and (b) a workplace determination that covers the…
Section 279 — Act applies to a workplace determination as if it were an enterprise agreement
(1) This Act applies to a workplace determination that is in operation as if it were an enterprise agreement that is in operation. (2) However, the following provisions do not apply to the…
Section 280 — Contravening a workplace determination
A person must not contravene a term of a workplace determination. Note 1: This section is a civil remedy provision (see Part 4-1). Note 2: A person does not contravene a term of a workplace…
Section 281 — Applications by bargaining representatives
Application of this section (1) This section applies if a provision of this Part permits an application to be made by a bargaining representative of an employer that would have been covered by a…
Section 281A — How employees, employers and employee organisations are to be described
(1) This section applies if a provision of this Part requires or permits an instrument of any kind to specify the employers, employees or employee organisations covered, or who will be covered, by a…
Section 281AA — Entitlement for volunteer bodies to make submissions
(1) A body covered by subsection (2) is entitled to make a submission for consideration in relation to a matter before the FWC if: (a) the matter arises under this Part; and (b) the matter affects,…
Section 282 — Guide to this Part
This Part provides for the FWC (constituted by an Expert Panel) to set and vary minimum wages for national system employees. For employees covered by modern awards, minimum wages are specified in the…
Section 283 — Meanings of employee and employer
In this Part, employee means a national system employee, and employer means a national system employer. Note: See also Division 2 of Part 6-4A (TCF contract outworkers taken to be employees in…
Section 284 — The minimum wages objective
What is the minimum wages objective? (1) The FWC must establish and maintain a safety net of fair minimum wages, taking into account: (a) the performance and competitiveness of the national economy,…
Section 285 — Annual wage reviews to be conducted
(1) The FWC must conduct and complete an annual wage review in each financial year. Note 1: The FWC must be constituted by an Expert Panel to conduct annual wage reviews, and to make determinations…
Section 286 — When annual wage review determinations varying modern awards come into operation
Determinations generally come into operation on 1 July (1) A determination (a variation determination) varying one or more modern awards to set, vary or revoke modern award minimum wages that is made…
Section 287 — When national minimum wage orders come into operation etc.
Orders come into operation on 1 July (1) A national minimum wage order that is made in an annual wage review comes into operation on 1 July in the next financial year (the year of operation). Setting…
Section 288 — General
This Subdivision contains some specific provisions relevant to the conduct of annual wage reviews. For other provisions relevant to the conduct of annual wage reviews, see the general provisions…
Section 289 — Everyone to have a reasonable opportunity to make and comment on submissions
(1) The FWC must, in relation to each annual wage review, ensure that all persons and bodies have a reasonable opportunity to make written submissions to the FWC for consideration in the review. (2)…