Fair Work Act 2009

Sections and provisions with full text and the judgments that cite each one.

Section 536KQF — Operation of a minimum standards order during suspension

A minimum standards order: (a) is not in operation during any period when a full suspension declaration in relation to the minimum standards order is in operation; and (b) is in operation during any…

Section 536LF — What is an unfair deactivation

A person has been unfairly deactivated if the FWC is satisfied that: (a) the person has been deactivated from a digital labour platform; and (b) the deactivation was unfair; and (c) the deactivation…

Section 536MF — Security for costs

The procedural rules may provide for the furnishing of security for the payment of costs in relation to matters arising under this Part.

Section 536NF — Conferences

(1) This section applies in relation to a matter arising under this Part if the FWC conducts a conference in relation to the matter. (2) Despite subsection 592(3), the FWC must conduct the conference…

Section 536PF — Particular matters FWC must take into account in making a decision on a road transport contractual chain order

(1) This section applies if: (a) an application is made for a road transport contractual chain order under subsection 536PE(1) or for a variation of a road transport contractual chain order under…

Section 536QF — Applications for a suspension determination for a road transport contractual chain order

(1) An application may be made to the FWC for a determination (a suspension determination) under subsection 536QG(1) in relation to a road transport contractual chain order. (2) An application may be…

Section 536G — Receiving or soliciting a cash or in kind payment

(1) A person (the defendant) commits an offence if: (a) the defendant: (i) requests (whether or not expressly and whether or not by threats); or (ii) receives or obtains; or (iii) agrees to receive…

Section 536JG — When minimum standards guidelines cover a regulated worker or a regulated business

(1) Minimum standards guidelines cover a regulated worker or a regulated business if the guidelines are expressed to cover the regulated worker or the regulated business. Effect of other provisions…

Section 536KG — Decisions on applications for minimum standards orders

(1) If an application for a minimum standards order is made to the FWC under subsection 536JZ(1), the FWC may decide to: (a) refuse to consider the application; or (b) make a minimum standards order;…

Section 536KQG — Consultation requirements

The Minister is not required to consult any person or body before making a deferral declaration or a suspension declaration.

Section 536LG — Meaning of deactivated

A person has been deactivated from a digital labour platform if: (a) the person performed digital platform work through or by means of the digital labour platform; and (b) the digital labour platform…

Section 536MG — Contravening orders under this Part

A person to whom an order under this Part applies must not contravene a term of the order. Note: This section is a civil remedy provision (see Part 4-1).

Section 536NG — Hearings

(1) The FWC must not hold a hearing in relation to a matter arising under this Part unless the FWC considers it appropriate to do so, taking into account: (a) the views of the parties to the matter;…

Section 536PG — FWC to prepare and publish a draft of a road transport contractual chain order

(1) Before making a road transport contractual chain order, the FWC must: (a) publish a notice (a notice of intent) stating that the FWC proposes to make a road transport contractual chain order; and…

Section 536QG — FWC may make a determination suspending a road transport contractual chain order

(1) The FWC may, on application under subsection 536QF(1), make a suspension determination: (a) suspending the operation of a road transport contractual chain order; or (b) suspending: (i) the…

Section 536H — Implied freedom of political communication

(1) This Division does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication. (2) Subsection (1) does not limit the…

Section 536JH — When minimum standards guidelines are in operation

When minimum standards guidelines come into operation (1) Minimum standards guidelines come into operation on the day specified in the guidelines. (2) The specified day must not be earlier than the…

Section 536KH — Terms that must be included in an employee-like worker minimum standards order

Terms relating to coverage (1) An employee-like worker minimum standards order must include terms setting out in accordance with this section: (a) the digital platform work covered by the…

Section 536KQH — Applications for a deferral determination for a road transport minimum standards order

(1) An application may be made to the FWC for a determination under subsection 536KQJ(1) (a deferral determination) in relation to a road transport minimum standards order. (2) An application may be…

Section 536LH — Criteria for considering whether a deactivation was unfair etc.

(1) In considering whether it is satisfied that a person’s deactivation was unfair, the FWC must take into account: (a) whether there was a valid reason for the deactivation related to the person’s…

Section 536MH — Guide to this Part

This Part is about collective agreements. A collective agreement is made between a regulated business, specifically a digital labour platform operator or a road transport business, and an…

Section 536NH — Dismissing applications

(1) The FWC may, subject to subsection (2), dismiss an application for an order under Division 3 if the FWC is satisfied that the applicant has unreasonably: (a) failed to attend a conference…

Section 536PH — Affected entities to have a reasonable opportunity to make submissions on a draft road transport contractual chain 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 contractual…

Section 536QH — Decision on an application for a suspension determination in relation to a road transport contractual chain order

(1) If an application for a suspension 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)…

Section 536J — Guide to this Part

This Part is about the coverage and operation of the provisions of this Chapter. Division 2 sets out when minimum standards orders, minimum standards guidelines and collective agreements cover…

Section 536JJ — Contravening a collective agreement

A person must not contravene a term of a collective agreement. Note 1: This section is a civil remedy provision (see Part 4-1). Note 2: A person does not contravene a term of a collective agreement…

Section 536KJ — Terms that must be included in a road transport minimum standards order

Terms relating to coverage (1) A road transport minimum standards order must include terms setting out in accordance with this section: (a) the work in the road transport industry covered by the road…

Section 536KQJ — FWC may make a determination deferring the operation or application of a road transport minimum standards order

(1) The FWC may, on application under subsection 536KQH(1), make a deferral determination: (a) that defers the coming into operation of a road transport minimum standards order; or (b) that defers…

Section 536LJ — Minister to make a Digital Labour Platform Deactivation Code

(1) The Minister must, by legislative instrument, make code to be known as the Digital Labour Platform Deactivation Code. (2) Without limiting the matters covered by the Digital Labour Platform…

Section 536MJ — Object of this Part

The object of this Part is to provide a simple, flexible and fair framework that enables collective agreements to be made by consent for: (a) employee-like workers; (b) regulated road transport…

Section 536NJ — 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 536PJ — Finalising draft order

(1) The FWC may make any changes it thinks appropriate to a draft road transport contractual chain order. (2) If changes made under subsection (1) are significant, the FWC must: (a) decide not to…

Section 536QJ — Operation of a road transport contractual chain order during suspension

A road transport contractual chain order: (a) is not in operation during any period when a full suspension determination in relation to the road transport contractual chain order is in operation; and…

Section 536JK — The significance of a collective agreement applying to a person

(1) A collective agreement does not impose obligations on a person, and a person does not contravene a term of a collective agreement, unless the agreement applies to the person. (2) A collective…

Section 536K — Particular matters FWC must take into account in making a decision on an employee-like worker minimum standards order

(1) This section applies to a decision to make or vary, or not to make or vary, an employee-like worker minimum standards order, other than a decision of the FWC to refuse to consider an application…

Section 536KK — Term about settling disputes must be included in a minimum standards order

A minimum standards order must include a term that provides a procedure for settling disputes about any matters arising under the order.

Section 536KQK — Limitations on making a deferral determination

No deferral of road transport minimum standards order that is in operation (1) The FWC must not make a deferral determination in relation to a road transport minimum standards order that has already…

Section 536LK — What is an unfair termination

A person has been unfairly terminated if: (a) the person was performing work in the road transport industry; and (b) the person has been terminated; and (c) the termination was unfair; and (d) the…

Section 536MK — Making a collective agreement

(1) This section provides for the making of an agreement (a collective agreement) between a regulated business and an organisation that is entitled to represent the industrial interests of one or…

Section 536NK — Contravening orders under this Part

A person must not contravene an order under this Part. Note: This section is a civil remedy provision (see Part 4-1).

Section 536PK — Decision not to make order based on the draft

The FWC may decide that no road transport contractual chain 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…

Section 536QK — FWC must consider whether to vary or revoke a road transport contractual chain order that has been deferred or suspended

(1) This section applies if: (a) the Minister makes a deferral declaration or a suspension declaration in relation to a road transport contractual chain order; or (b) the FWC makes a deferral…

Section 536JL — When a collective agreement applies to a person

When a collective agreement applies to a regulated worker (1) A collective agreement applies to a regulated worker if: (a) the collective agreement covers the regulated worker; and (b) the collective…

Section 536KL — Terms that may be included in a minimum standards order

(1) A minimum standards order may include terms about any of the following matters: (a) payment terms; (b) deductions; (d) record-keeping in relation to matters covered by or required by this Act, or…

Section 536KQL — Decision on an application for a deferral determination in relation to a road transport minimum standards orders

(1) If an application for a deferral determination in relation to a road transport minimum standards order is made, the FWC must: (a) consider the application as soon as practicable; and (b) consult…