Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 536KMA — Further terms that must not be included in an employee-like worker minimum standards order
(1) In addition to the matters in section 536KM, an employee-like worker minimum standards order must not include terms about any of the following matters: (a) penalty rates for work performed at…
Section 536KQA — Minister may make a declaration deferring the operation or application of a minimum standards order
(1) If the Minister considers it is in the public interest to do so, the Minister may, by notifiable instrument, make a declaration (a deferral declaration) that defers: (a) the coming into operation…
Section 536MA — Appeal rights
(1) Despite subsection 604(2), the FWC must not grant permission to appeal from a decision made by the FWC under this Part unless the FWC considers that it is in the public interest to do so. (2)…
Section 536NA — When the FWC may make an order in relation to an unfair contract term of a services contract
(1) The FWC may make an order under this Part in relation to a services contract if the FWC is satisfied that the services contract includes one or more unfair contract terms which, in an employment…
Section 536PEA — Emergency applications
When an application is an emergency application (1) An application for the making of a road transport contractual chain order, or an application for a determination varying or revoking a road…
Section 536PQA — Terms that must be included in a time-sensitive road transport contractual chain order
(1) A time-sensitive road transport contractual chain order must include one or more terms relating to the event or circumstance, or series of events or circumstances, to which the order relates.…
Section 536QA — Applications for a deferral determination for a road transport contractual chain order
(1) An application may be made to the FWC for a determination under subsection 536QB(1) (a deferral determination) in relation to a road transport contractual chain order. (2) An application may be…
Section 536B — Meanings of employee and employer
In this Part, employee and employer have their ordinary meanings.
Section 536JB — Contravening a minimum standards order
A person must not contravene a term of a minimum standards order. Note 1: This section is a civil remedy provision (see Part 4-1). Note 2: A person does not contravene a term of a minimum standards…
Section 536KAB — Affected entities to have a reasonable opportunity to make submissions on a draft employee-like worker minimum standards order
(1) The FWC must ensure that affected entities have a reasonable opportunity to make written submissions to the FWC for its consideration in relation to the draft of an employee-like worker minimum…
Section 536KB — FWC to prepare and publish a draft of a road transport minimum standards order
(1) Before making a road transport minimum standards order, the FWC must: (a) publish a notice (a notice of intent) stating that the FWC proposes to make a road transport minimum standards order; and…
Section 536KQB — Limitations on making a deferral declaration
No deferral of minimum standards order that is in operation (1) The Minister must not make a deferral declaration in relation to a minimum standards order that has already come into operation. Only…
Section 536LB — Guide to this Part
This Part is about: (a) unfair deactivation from digital labour platforms of employee-like workers; and (b) unfair termination of the services contracts of regulated road transport contractors.…
Section 536MB — Costs orders against parties
(1) The FWC may make an order for costs against a party to a matter arising under this Part (the first party) for costs incurred by the other party to the matter if the FWC is satisfied that the…
Section 536NB — Matters to be considered in deciding whether a term of a services contract is an unfair contract term
(1) In determining whether a term of a services contract is an unfair contract term, the FWC may take into account the following matters: (a) the relative bargaining power of the parties to the…
Section 536PB — Guide to this Part
This Part is about setting minimum standards for persons in a road transport contractual chain. Division 2 empowers the FWC to make road transport contractual chain orders, which set minimum…
Section 536QB — FWC may make a determination deferring the operation or application of a road transport contractual chain order
(1) The FWC may, on application under subsection 536QA(1), make a deferral determination: (a) that defers the coming into operation of a road transport contractual chain order; or (b) that defers the…
Section 536C — 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 536JC — The significance of a minimum standards order applying to a person
(1) A minimum standards order does not impose obligations on a person, and a person does not contravene a term of a minimum standards order, unless the order applies to the person. (2) A minimum…
Section 536KAC — Hearings in relation to draft order
The FWC may, but is not required to, hold a hearing in relation to a draft employee-like worker minimum standards order.
Section 536KC — Affected persons and bodies to have a reasonable opportunity to make and comment on a draft road transport minimum standards order
(1) The FWC must ensure that affected entities have a reasonable opportunity to make written submissions to the FWC for its consideration in relation to the draft of a road transport minimum…
Section 536KQC — Operation of a minimum standards order during deferral
A minimum standards order: (a) is not in operation during any period when a full deferral declaration in relation to the minimum standards order is in operation; and (b) is in operation during any…
Section 536LC — Object of this Part
(1) The object of this Part is: (a) to establish a framework for dealing with unfair deactivation of employee-like workers, and unfair termination of regulated road transport contractors, that…
Section 536MC — Costs orders against lawyers and paid agents
(1) This section applies if: (a) an application for an unfair deactivation or unfair termination remedy has been made under section 536LU; and (b) a person who is a party to the matter has engaged a…
Section 536NC — Remedy—order to set aside etc. contract
The FWC may make an order under this section: (a) setting aside all or part of a services contract which, in an employment relationship, would relate to a workplace relations matter; or (b) amending…
Section 536PC — Meaning of employee and employer
In this Part, employee and employer have their ordinary meanings.
Section 536QC — Limitations on making a deferral determination
No deferral of road transport contractual chain order that is in operation (1) The FWC must not make a deferral determination in relation to a road transport contractual chain order that has already…
Section 536D — Giving, receiving or soliciting a corrupting benefit
Giving a corrupting benefit (1) A person (the defendant) commits an offence if: (a) the defendant dishonestly: (i) provides a benefit to another person; or (ii) causes a benefit to be provided to…
Section 536JD — When a minimum standards order applies to a person
When a minimum standards order applies to a regulated worker (1) A minimum standards order applies to a regulated worker if: (a) the minimum standards order covers the regulated worker; and (b) the…
Section 536KAD — Finalising draft order
(1) The FWC may make any changes it thinks appropriate to a draft employee-like worker minimum standards order. (2) If changes made under subsection (1) are significant, the FWC must: (a) decide not…
Section 536KD — Hearings in relation to draft order
The FWC may, but is not required to, hold a hearing in relation to a draft road transport minimum standards order.
Section 536KQD — Minister may make a declaration suspending a minimum standards order
(1) If the Minister considers it is in the public interest to do so, the Minister may, by notifiable instrument, make a declaration (a suspension declaration): (a) suspending the operation of a…
Section 536LD — When a person is protected from unfair deactivation
A person is protected from unfair deactivation at a time if, at that time: (a) the person is an employee-like worker; and (b) the person: (i) performs work through or by means of a digital labour…
Section 536MD — Applications for costs orders
An application for an order for costs under section 611 in relation to a matter arising under this Part, or for costs under section 536MB or 536MC, must be made within 14 days after: (a) the FWC…
Section 536ND — Application for unfair contract term remedy
(1) A person who is party to a services contract, or an organisation that represents the industrial interests of a person who is party to a services contract, may apply to the FWC for an order under…
Section 536PD — Road transport contractual chain orders
(1) The FWC may make an order (a road transport contractual chain order) that sets standards for regulated road transport contractors, road transport employee-like workers and other persons in a road…
Section 536QD — Decision on an application for a deferral determination in relation to a road transport contractual chain order
(1) If an application for a deferral determination in relation to a road transport contractual chain order is made, the FWC must: (a) consider the application as soon as practicable; and (b) consult…
Section 536E — Meaning of registered organisations officer or employee
Each of the following is a registered organisations officer or employee: (a) an officer (within the meaning of the Registered Organisations Act) of an organisation or branch of an organisation; (b)…
Section 536JE — When a minimum standards order covers a regulated worker or a regulated business
(1) A minimum standards order covers a regulated worker or a regulated business if the order is expressed to cover the regulated worker or the regulated business. Effect of other provisions of this…
Section 536KAE — Decision not to make order based on the draft
The FWC may decide that no employee-like worker minimum standards order is to be made based on the draft. If the FWC does so, the FWC must publish notice of the decision on its website and by any…
Section 536KE — Finalising draft order
(1) The FWC may make any changes it thinks appropriate to a draft road transport minimum standards order. (2) If changes made under subsection (1) are significant, the FWC must: (a) decide not to…
Section 536KQE — Suspension declaration must be made within 12 months of certain dates
Full suspension declaration timing (1) A full suspension declaration in relation to a minimum standards order must be made within 12 months of the day on which the minimum standards order came into…
Section 536LE — When a person is protected from unfair termination
A person is protected from unfair termination at a time if, at that time: (a) the person is a regulated road transport contractor; and (b) a road transport business receives services under a services…
Section 536ME — Schedule of costs
(1) A schedule of costs may be prescribed in relation to items of expenditure likely to be incurred in relation to matters that can be covered by an order: (a) under section 611 in relation to a…
Section 536NE — Application fees
(1) An application to the FWC under this Division 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 536PE — Applications for road transport contractual chain orders
(1) Any of the following may apply to the FWC for the making of a road transport contractual chain order: (a) an organisation that is entitled to represent the industrial interests of one or more…
Section 536QE — Operation of a road transport contractual chain order during deferral
A road transport contractual chain order: (a) is not in operation during any period when a full deferral determination in relation to the road transport contractual chain order is in operation; and…
Section 536F — Giving a cash or in kind payment
Giving a cash or in kind payment (1) A person (the defendant) commits an offence if: (a) the defendant is a national system employer other than an employee organisation; and (b) the defendant: (i)…
Section 536JF — When a minimum standards order is in operation
When a minimum standards order comes into operation (1) A minimum standards order comes into operation on the day specified in the order. (2) The specified day must not be earlier than the day on…
Section 536KF — Decision not to make order based on the draft
The FWC may decide that no road transport minimum standards order is to be made based on the draft. If the FWC does so, the FWC must publish notice of the decision on its website and by any other…