Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 290 — President may direct investigations and reports
(1) The President may give a direction under section 582 requiring that a matter be investigated, and that a report about the matter be prepared, for consideration in an annual wage review. (2) The…
Section 291 — Research must be published
(1) If the FWC undertakes or commissions research for the purposes of an annual wage review, the FWC must publish the research so that submissions can be made addressing issues covered by the…
Section 292 — Varied wage rates must be published
(1) If the FWC makes one or more determinations varying modern award minimum wages in an annual wage review, the FWC must publish the rates of those wages as so varied: (a) for wages in a modern…
Section 293 — Contravening a national minimum wage order
An employer must not contravene a term of a national minimum wage order. Note: This section is a civil remedy provision (see Part 4-1).
Section 294 — Content of national minimum wage order—main provisions
Setting minimum wages and the casual loading (1) A national minimum wage order: (a) must set the national minimum wage; and (b) must set special national minimum wages for all award/agreement free…
Section 295 — Content of national minimum wage order—other matters
Expressing minimum wages and the casual loading (1) In a national minimum wage order: (a) the national minimum wage, and the special national minimum wages, set by the order must be expressed in a…
Section 296 — Variation of national minimum wage order to remove ambiguity or uncertainty or correct error
Permitted variations (1) The FWC may make a determination varying a national minimum wage order to remove an ambiguity or uncertainty or to correct an error. Note: The FWC must be constituted by an…
Section 297 — When determinations varying national minimum wage orders come into operation
Determinations come into operation on specified day (1) A determination varying a national minimum wage order under section 296 comes into operation on the day specified in the determination. Note:…
Section 298 — Special rule about retrospective variations of national minimum wage orders
Application of this section (1) This section applies if a determination varying a national minimum wage order has a retrospective effect because it comes into operation under subsection 297(2) on a…
Section 299 — When a national minimum wage order is in operation
A national minimum wage order continues in operation until the next national minimum wage order comes into operation. Note: For when a national minimum wage order comes into operation, see section…
Section 300 — Guide to this Part
This Part allows the FWC to make orders to ensure that there will be equal remuneration for men and women workers for work of equal or comparable value.
Section 301 — 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 302 — FWC may make an order requiring equal remuneration
Power to make an equal remuneration order (1) The FWC may make any order (an equal remuneration order) it considers appropriate to ensure that, for employees to whom the order will apply, there will…
Section 303 — Equal remuneration order may increase, but must not reduce, rates of remuneration
(1) Without limiting subsection 302(1), an equal remuneration order may provide for such increases in rates of remuneration as the FWC considers appropriate to ensure that, for employees to whom the…
Section 304 — Equal remuneration order may implement equal remuneration in stages
An equal remuneration order may implement equal remuneration for work of equal or comparable value in stages (as provided in the order) if the FWC considers that it is not feasible to implement equal…
Section 305 — Contravening an equal remuneration order
An employer must not contravene a term of an equal remuneration order. Note: This section is a civil remedy provision (see Part 4-1).
Section 306 — Inconsistency with modern awards, enterprise agreements and orders of the FWC
A term of a modern award, an enterprise agreement or an FWC order has no effect in relation to an employee to the extent that it is less beneficial to the employee than a term of an equal…
Section 306A — Guide to this Part
This Part is about regulated labour hire arrangement orders. Division 2 deals with the making of regulated labour hire arrangement orders by the FWC and sets out the obligations of employers and…
Section 306EA — Regulated labour hire arrangement order may cover additional arrangements
Determination that application covers additional employers and employees (1) If an application for a regulated labour hire arrangement order is made in relation to a regulated host, an employer and…
Section 306NA — Determining amounts of payments relating to termination of employment
Application of this section (1) This section applies if: (a) a regulated employee’s employment is or is to be terminated; and (b) the employee is or has been covered by a regulated labour hire…
Section 306SA — Avoidance of application of regulated labour hire arrangement orders
(1) A person contravenes this section if: (a) the person is an employer or a regulated host; and (b) the person, either alone or with one or more other persons: (i) enters into a scheme; or (ii)…
Section 306B — 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 306EB — Application of regulated labour hire arrangement order to new covered employment instrument
(1) This section applies if: (a) a regulated labour hire arrangement order is in force; and (b) the host employment instrument covered by the order ceases to apply to the regulated host covered by…
Section 306C — Meaning of regulated host
A regulated host is: (a) a constitutional corporation; or (b) the Commonwealth; or (c) a Commonwealth authority; or (d) a person, so far as work is performed for the person in connection with…
Section 306EC — Notification requirements in relation to new covered employment instrument
Notification by regulated host (1) If a regulated labour hire arrangement order in force covers a regulated host and an event mentioned in subsection (2) occurs, the regulated host must, as soon as…
Section 306D — References to kinds of work and work performed for a person etc.
(1) A reference in this Part to work of a kind includes a reference to work that is substantially of that kind. (2) A reference in this Part to work performed for a person includes a reference to…
Section 306ED — Varying regulated labour hire arrangement order to cover new employers
(1) This section applies if: (a) a regulated labour hire arrangement order that covers a regulated host and one or more employers, and relates to a kind of work, is in force or has been made but is…
Section 306E — FWC may make a regulated labour hire arrangement order
Regulated labour hire arrangement order (1) The FWC must, on application by a person mentioned in subsection (7), make an order (a regulated labour hire arrangement order) if the FWC is satisfied…
Section 306EE — Notifying tenderers etc. of regulated labour hire arrangement order
(1) This section applies if: (a) a regulated host is covered by a regulated labour hire arrangement order that is in force or has been made but is not yet in force; and (b) a tender process is…
Section 306F — Protected rate of pay payable to employees if a regulated labour hire arrangement order is in force
Application of section (1) This section applies if a regulated labour hire arrangement order is in force that covers a regulated host, an employer and a regulated employee of the employer. Employer…
Section 306G — Exceptions from requirement to pay protected rate of pay
Training arrangements (1) Section 306F does not apply to a regulated employee if a training arrangement applies to the employee in respect of the work performed for the regulated host. Certain…
Section 306H — Obligations of regulated hosts covered by a regulated labour hire arrangement order
Application of this section (1) This section applies to a regulated host and an employer if the regulated host and employer are covered by a regulated labour hire arrangement order that is in force.…
Section 306J — Determination altering exemption period for short-term arrangements
(1) This section applies if: (a) a regulated labour hire arrangement order is in force that covers a regulated host, an employer and one or more regulated employees of the employer performing work…
Section 306K — Determination of recurring extended exemption period
(1) This section applies if: (a) a regulated labour hire arrangement order is in force that covers a regulated host, one or more employers and one or more regulated employees performing work for the…
Section 306L — Making and effect of determinations under this Subdivision
Who may apply for determination (1) The FWC may make a determination under this Subdivision only on application by: (a) the regulated host, an employer covered by the regulated labour hire…
Section 306M — Making an alternative protected rate of pay order
Application of this section (1) This section applies if: (a) a regulated labour hire arrangement order is in force that covers a regulated host, an employer and a regulated employee of the employer…
Section 306N — Effect of alternative protected rate of pay order
When alternative protected rate of pay order comes into force (1) An alternative protected rate of pay order comes into force: (a) if the order is made before the regulated labour hire arrangement…
Section 306P — Disputes about the operation of this Part
When this Division applies to a dispute (1) This Division applies to a dispute about the operation of this Part if: (a) a regulated labour hire arrangement order is in force that covers a regulated…
Section 306Q — Dealing with disputes by arbitration
(1) The FWC may deal with the dispute by arbitration, including by making an order (an arbitrated protected rate of pay order) determining: (a) how the rate of pay at which the employer must pay the…
Section 306R — Application fees
(1) An application under subsection 306P(4) must be accompanied by any fee prescribed by the regulations. (2) The regulations may prescribe: (a) a fee for making an application to the FWC under that…
Section 306S — Preventing making of regulated labour hire arrangement orders
(1) A person contravenes this section if: (a) the person is an employer or a regulated host; and (b) the person, either alone or with one or more other persons: (i) enters into a scheme; or (ii)…
Section 306T — Short-term arrangements—engaging other employees
An employer covered by a regulated labour hire arrangement order contravenes this section if: (a) the employer is not required to pay a regulated employee at a rate determined under or in accordance…
Section 306U — Short-term arrangements—entering into other labour hire agreements
A regulated host covered by a regulated labour hire arrangement order contravenes this section if: (a) an employer covered by the regulated labour hire arrangement order is not required to pay a…
Section 306V — Engaging independent contractors
An employer covered by a regulated labour hire arrangement order contravenes this section if: (a) the employer dismisses an employee who performs, or is to perform, work for a regulated host covered…
Section 306W — Guidelines
(1) The FWC may make written guidelines in relation to the operation of this Part. (2) Guidelines made under subsection (1) are not a legislative instrument. (3) The FWC must ensure that guidelines…
Section 307 — Guide to this Part
This Part provides for the transfer of enterprise agreements, certain modern awards and certain other instruments if there is a transfer of business from one national system employer to another…
Section 308 — 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 309 — Object of this Part
The object of this Part is to provide a balance between: (a) the protection of employees’ terms and conditions of employment under enterprise agreements, certain modern awards and certain other…
Section 310 — Application of this Division
This Division provides for the transfer of rights and obligations under enterprise agreements, certain modern awards and certain other instruments if there is a transfer of business from an old…
Section 311 — When does a transfer of business occur
Meanings of transfer of business, old employer, new employer and transferring work (1) There is a transfer of business from an employer (the old employer) to another employer (the new employer) if…