Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 516 — Expiry of entry permit
(1) Unless it is revoked, an entry permit expires at the earlier of the following times: (a) at the end of the period of 3 years beginning on the day it is issued, or that period as extended under…
Section 517 — Return of entry permits to the FWC
When permit holder must return entry permit to the FWC (1) A permit holder must return an entry permit to the FWC within 7 days of any of the following things happening: (a) the permit is revoked or…
Section 518 — Entry notice requirements
Requirements for all entry notices (1) An entry notice must specify the following: (a) the premises that are proposed to be entered; (b) the day of the entry; (c) the organisation of which the permit…
Section 519 — Exemption certificates
(1) The FWC must issue a certificate (an exemption certificate) to an organisation for an entry under section 481 (which deals with entry to investigate suspected contraventions) if: (a) the…
Section 520 — Affected member certificates
(1) The FWC must, on application by an organisation, issue a certificate (an affected member certificate) to the organisation if the FWC is satisfied that: (a) a member of the organisation performs…
Section 521 — Regulations dealing with instruments under this Part
The regulations may provide for, and in relation to, the following: (a) the form of entry permits, entry notices, exemption certificates and affected member certificates; (b) additional information…
Section 521A — Meaning of accommodation arrangement
(1) If: (a) an occupier of premises enters into an arrangement with an organisation; and (b) under the terms of the arrangement, a permit holder is provided with accommodation for the purpose of…
Section 521B — Meaning of transport arrangement
(1) If: (a) an occupier of premises enters into an arrangement with an organisation; and (b) under the terms of the arrangement, a permit holder is provided with transport for the purpose of…
Section 521C — Accommodation arrangements for remote areas
This section applies only in remote areas (1) This section applies if rights under this Part are to be exercised by a permit holder on premises that are located in a place where accommodation is not…
Section 521D — Transport arrangements for remote areas
This section applies only in remote areas (1) This section applies if rights under this Part are to be exercised by a permit holder on premises that are located in a place that is not reasonably…
Section 522 — Guide to this Part
This Part provides for a national system employer to stand down a national system employee without pay in certain circumstances. Division 2 sets out the circumstances in which an employer may stand…
Section 523 — Meanings of employee and employer
In this Part, employee means a national system employee, and employer means a national system employer.
Section 524 — Employer may stand down employees in certain circumstances
(1) An employer may, under this subsection, stand down an employee during a period in which the employee cannot usefully be employed because of one of the following circumstances: (a) industrial…
Section 525 — Employee not stood down during a period of authorised leave or absence
An employee is not taken to be stood down under subsection 524(1) during a period when the employee: (a) is taking paid or unpaid leave that is authorised by the employer; or (b) is otherwise…
Section 526 — FWC may deal with a dispute about the operation of this Part
(1) The FWC may deal with a dispute about the operation of this Part. (2) The FWC may deal with the dispute by arbitration. Note: The FWC may also deal with a dispute by mediation or conciliation, or…
Section 527 — Contravening an FWC order dealing with a dispute about the operation of this Part
A person must not contravene a term of an FWC order dealing with a dispute about the operation of this Part. Note: This section is a civil remedy provision (see Part 4-1).
Section 527A — Guide to this Part
This Part makes it unlawful for a person to sexually harass another person, where: (a) the other person is a worker in a business or undertaking, seeking to become a worker in a particular business…
Section 527CA — Concurrent operation of State and Territory laws
(1) This Part does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part. (2) Without limiting subsection (1), this Part does…
Section 527B — Meaning of employee and employer
In this Part, employee and employer have their ordinary meanings.
Section 527C — Object of this Part
The object of this Part is to give effect, or further effect, to: (a) the Convention on the Elimination of All Forms of Discrimination Against Women, done at New York on 18 December 1979 ([1983] ATS…
Section 527D — Prohibiting sexual harassment in connection with work
Prohibition (1) A person (the first person) must not sexually harass another person (the second person) who is: (a) a worker in a business or undertaking; or (b) seeking to become a worker in a…
Section 527E — Vicarious liability etc.
Employees and agents (1) If an employee or agent of a person (the principal) does, in connection with the employment of the employee or with the duties of the agent as an agent, an act that…
Section 527F — Application for the FWC to deal with a sexual harassment dispute
(1) If a person (the aggrieved person) alleges they have been sexually harassed in contravention of Division 2 by one or more other persons (a respondent), a person referred to in subsection (2) may…
Section 527G — Time for application
The FWC may dismiss an application that is made under section 527F more than 24 months after the contravention, or the last of the contraventions, of Division 2 is alleged to have occurred. Note: For…
Section 527H — Application fees
(1) An application to the FWC under section 527F 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…
Section 527J — Stop sexual harassment orders
(1) If: (a) an application made under section 527F includes an application for a stop sexual harassment order; and (b) the FWC is satisfied that: (i) the aggrieved person has been sexually harassed…
Section 527K — Contravening a stop sexual harassment order
A person to whom a stop sexual harassment order applies must not contravene a term of the order. Note: This section is a civil remedy provision (see Part 4-1).
Section 527L — Actions under work health and safety laws permitted
Section 115 of the Work Health and Safety Act 2011 and corresponding provisions of corresponding WHS laws (within the meaning of that Act) do not apply in relation to an application made under…
Section 527M — This Subdivision is not to prejudice Australia’s defence, national security etc.
Nothing in this Subdivision requires or permits a person to take, or to refrain from taking, any action if the taking of the action, or the refraining from taking the action, would be, or could…
Section 527N — Declarations by the Chief of the Defence Force
(1) Without limiting section 527M, the Chief of the Defence Force may, by legislative instrument, declare that all or specified provisions of this Subdivision do not apply in relation to a specified…
Section 527P — Declarations by the Director-General of Security
(1) Without limiting section 527M, the Director-General of Security may, by legislative instrument, declare that all or specified provisions of this Subdivision do not apply in relation to a person…
Section 527Q — Declarations by the Director-General of ASIS
(1) Without limiting section 527M, the Director-General of the Australian Secret Intelligence Service may, by legislative instrument, declare that all or specified provisions of this Subdivision do…
Section 527R — Dealing with a sexual harassment dispute (other than by arbitration)
(1) If: (a) an application is made under section 527F for the FWC to deal with a dispute; and (b) the application does not consist solely of an application for a stop sexual harassment order; then…
Section 527S — Dealing with a sexual harassment dispute by arbitration
(1) This section applies if: (a) the FWC issues a certificate under paragraph 527R(3)(a) in relation to a dispute; and (b) 2 or more of the parties (the notifying parties) jointly notify the FWC that…
Section 527T — Limitation on taking a sexual harassment dispute to court
(1) A person who is entitled to apply under section 527F for the FWC to deal with a dispute (whether by making a stop sexual harassment order or otherwise) must not make a sexual harassment court…
Section 528 — Guide to this Part
This Part deals with other rights and responsibilities. Division 2 is about the obligations of a national system employer if a decision is made to dismiss 15 or more employees for reasons of an…
Section 529 — 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 530 — Employer to notify Centrelink of certain proposed dismissals
(1) If an employer decides to dismiss 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons, the employer must give a…
Section 531 — FWC may make orders where failure to notify or consult registered employee associations about dismissals
(1) The FWC may make an order under subsection 532(1) if it is satisfied that: (a) an employer has decided to dismiss 15 or more employees for reasons of an economic, technological, structural or…
Section 532 — Orders that the FWC may make
(1) The FWC may make whatever orders it considers appropriate, in the public interest, to put: (a) the employees; and (b) each registered employee association referred to in paragraph 531(2)(a) or…
Section 533 — Application for an FWC order
The FWC may make the order only on application by: (a) one of the employees; or (b) a registered employee association referred to in paragraph 531(2)(a) or (3)(a); or (c) any other registered…
Section 534 — Limits on scope of this Division
(1) This Division does not apply in relation to any of the following employees: (a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified…
Section 535 — Employer obligations in relation to employee records
(1) An employer must make, and keep for 7 years, employee records of the kind prescribed by the regulations in relation to each of its employees. Note: This subsection is a civil remedy provision…
Section 536 — Employer obligations in relation to pay slips
(1) An employer must give a pay slip to each of its employees within one working day of paying an amount to the employee in relation to the performance of work. Note 1: This subsection is a civil…
Section 536A — Guide to this Part
This Part is about corrupting benefits provided to or in relation to organisations. Division 2 prohibits benefits intended to influence an officer or employee of an organisation. Division 3 prohibits…
Section 536AA — Employer obligations in relation to advertising rates of pay
Employers must not advertise employment with rate of pay that contravenes this Act or a fair work instrument (1) An employer must not advertise, or cause to be advertised, that the employer is…
Section 536CA — Dishonesty
(1) For the purposes of this Part, dishonest means: (a) dishonest according to the standards of ordinary people; and (b) known by the defendant to be dishonest according to the standards of ordinary…
Section 536JA — Meaning of employee and employer
In this Part, employee and employer have their ordinary meanings.
Section 536KA — Particular matters FWC must take into account in making a decision on a road transport minimum standards order
(1) This section applies if: (a) an application is made for a road transport minimum standards order under subsection 536JZ(1) or for a variation of a road transport minimum standards order under…
Section 536KAA — FWC to prepare and publish a draft of an employee-like worker minimum standards order
(1) Before making an employee-like worker minimum standards order, the FWC must: (a) publish a notice (a notice of intent) stating that the FWC proposes to make an employee-like worker minimum…