Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 536QL — FWC to prepare and publish a notice relating to proposed variation or revocation of a road transport contractual chain order
(1) Before deciding to vary or revoke a road transport contractual chain order in relation to which a deferral declaration or a deferral determination has been made, the FWC must: (a) publish a…
Section 536JM — When a collective agreement covers a regulated worker, a regulated business or an organisation
(1) A collective agreement covers a regulated worker, a regulated business or an organisation if the agreement is expressed to cover the regulated worker, the regulated business or the organisation.…
Section 536KM — Terms that must not be included in a minimum standards order
(1) A minimum standards order must not include terms about any of the following matters: (a) overtime rates; (b) rostering arrangements; (c) matters that are primarily of a commercial nature that do…
Section 536KQM — Operation of a road transport minimum standards order during deferral
A road transport minimum standards order: (a) is not in operation during any period when a full deferral determination in relation to the road transport minimum standards order is in operation; and…
Section 536LM — Criteria for considering whether a termination was unfair etc.
(1) In considering whether it is satisfied that a termination was unfair, the FWC must take into account: (a) whether there was a valid reason for the termination related to the person’s capacity or…
Section 536M — Dismissing applications
(1) The FWC may, subject to subsection (2), dismiss an application for an order under Division 4 if the FWC is satisfied that the applicant has unreasonably: (a) failed to attend a conference…
Section 536MM — Consultation notice to be given to FWC, etc.
(1) A consultation notice for a proposed collective agreement must be given on the same day: (a) to the FWC; and (b) to whichever of the following is applicable: (i) if the notifying entity is a…
Section 536NM — Meaning of employee and employer
In this Part, employee and employer have their ordinary meanings.
Section 536PM — Terms that must be included in a road transport contractual chain order
Terms relating to coverage (1) A road transport contractual chain order must include terms setting out in accordance with this section: (a) the work in the road transport industry covered by the road…
Section 536QM — Affected entities to have a reasonable opportunity to make submissions and comment on a proposed variation or revocation of a 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 proposed variation or revocation of a road…
Section 536JN — When a collective agreement is in operation
When a collective agreement comes into operation (1) A collective agreement comes into operation: (a) on the day that is it is registered under subsection 536MS(1); or (b) if a later day is specified…
Section 536KN — Further terms that must not be included in a road transport minimum standards order
(1) In addition to the matters in section 536KM, a road transport minimum standards order must not include terms about any of the following matters: (a) a matter relating to road transport that is…
Section 536KQN — Applications for a suspension determination for a road transport minimum standards order
(1) An application may be made to the FWC for a determination (a suspension determination) under subsection 536KQP(1) in relation to a road transport minimum standards order. (2) An application may…
Section 536LN — Minister to make Road Transport Industry Termination Code
(1) The Minister may, by legislative instrument, make a code to be known as the Road Transport Industry Termination Code. (2) Without limiting the matters covered by the Road Transport Industry…
Section 536MN — Notice to be given to regulated workers
(1) After a consultation notice has been given for a proposed collective agreement, either negotiating entity for the agreement must, with the consent of the other negotiating entity, make reasonable…
Section 536N — Object of Part
(1) The object of this Part is: (a) to establish a framework for dealing with unfair contract terms of services contracts that: (i) balances the needs of principals and the needs of independent…
Section 536NN — FWC to have regard to minimum standards objective
The FWC must have regard to the minimum standards objective in performing a function or exercising a power under this Chapter. Note: The FWC must also have regard to the road transport objective as…
Section 536PN — Road transport contractual chain order must include term about interaction with minimum standards orders
A road transport contractual chain order must include a provision that specifies the extent to which it prevails over, or is subject to, a minimum standards order to the extent of any inconsistency,…
Section 536QN — Finalising draft order
(1) The FWC may make any changes it thinks appropriate to a draft road transport contractual chain order as proposed to be varied. (2) If changes proposed to be made under subsection (1) are…
Section 536KO — Achieving the minimum standards objective
A minimum standards order may include terms that it is permitted to include, and must include terms that it is required to include, only to the extent necessary to achieve the minimum standards…
Section 536JP — Exclusion of certain State and Territory laws
(1) For the purposes of this Chapter, the rights, entitlements, obligations and liabilities of a regulated worker, a regulated business or a party to a services contract are not affected by a law of…
Section 536KP — Applications to vary or revoke minimum standards orders
Any of the following may apply to the FWC for a determination varying or revoking a minimum standards order: (a) an organisation that is entitled to represent, or another body that represents, the…
Section 536KQP — FWC may make a determination suspending a road transport minimum standards order
(1) The FWC may, on application under subsection 536KQN(1), make a suspension determination: (a) suspending the operation of a road transport minimum standards order; or (b) suspending: (i) the…
Section 536LP — When the FWC may order remedy for unfair deactivation
(1) Subject to subsection (3), the FWC may order a person’s reactivation if: (a) the FWC is satisfied that the person was protected from unfair deactivation (see section 536LD) at the time of being…
Section 536MP — Application for the FWC to deal with a dispute
(1) If the negotiating entities for a proposed collective agreement are unable to resolve a dispute about the making of the agreement, either negotiating entity may apply to the FWC for the FWC to…
Section 536NP — Contravening a road transport contractual chain order
A person must not contravene a term of a road transport contractual chain 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 road…
Section 536P — Authorisation of conduct for the purposes of the Competition and Consumer Act 2010
Conduct in accordance with order or guidelines (1) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, and the Competition Code within the meaning of that Act, anything…
Section 536PP — Term about settling disputes must be included in a road transport contractual chain order
A road transport contractual chain order must include a term that provides a procedure for settling disputes about any matters arising under the order.
Section 536QP — Road transport contractual chain guidelines
(1) The FWC may make guidelines under this section (road transport contractual chain guidelines) that set standards for regulated road transport contractors, road transport employee-like workers and…
Section 536JQ — What are workplace relations matters
(1) Subject to subsection (2), for the purposes of this Chapter, workplace relations matter means any of the following matters: (a) remuneration, allowances or other amounts payable to employees; (b)…
Section 536KQ — FWC may vary or revoke minimum standards orders if consistent with the minimum standards objective
(1) The FWC may make a determination varying or revoking a minimum standards order if the FWC is satisfied that making the determination is consistent with the minimum standards objective. Note: In…
Section 536KQQ — Decision on an application for a suspension determination in relation to a road transport minimum standards orders
(1) If an application for a suspension 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)…
Section 536LQ — Remedy—reactivation etc.
Reactivation (1) An order for a person’s reactivation must be an order that the digital labour platform operator who operated the digital labour platform at the time of the deactivation take measures…
Section 536MQ — Negotiating entity may request that other negotiating entity sign a proposed collective agreement
(1) A negotiating entity for a proposed collective agreement may request the other negotiating entity for the agreement to sign the agreement. (2) A request under subsection (1) must not be made…
Section 536NQ — The significance of a road transport contractual chain order applying to a person
(1) A road transport contractual chain order does not impose obligations on a person, and a person does not contravene a term of a road transport contractual chain order, unless the order applies to…
Section 536PQ — Terms that may be included in a road transport contractual chain order
(1) A road transport contractual chain order, other than a time-sensitive road transport contractual chain order, may also include terms about any of the following matters: (a) payment times; (b)…
Section 536Q — Consultation requirements
The Minister is not required to consult any person or body before making a deferral declaration or a suspension declaration.
Section 536QQ — Applications for road transport contractual chain guidelines
(1) Any of the following may apply to the FWC for the making of road transport contractual chain guidelines: (a) an organisation that is entitled to represent the industrial interests of one or more…
Section 536JR — What is an unfairness ground
(1) Subject to subsection (2), for the purposes of this Chapter, each of the following grounds is an unfairness ground in relation to a services contract: (a) the services contract is unfair; (b) the…
Section 536KQR — Operation of a road transport minimum standards order during suspension
A road transport minimum standards order: (a) is not in operation during any period when a full suspension determination in relation to the road transport minimum standards order is in operation; and…
Section 536KR — Minimum standards guidelines
(1) The FWC may make minimum standards guidelines under this section that set standards for regulated workers performing work under a services contract. (2) Minimum standards guidelines for…
Section 536LR — When the FWC may order remedy for unfair termination
(1) Subject to subsection (3), the FWC may order that a new contract be entered into, or the payment of compensation to a person, if: (a) the FWC is satisfied that the person was protected from…
Section 536MR — Application to the FWC to register a collective agreement
(1) If a collective agreement is made, a negotiating entity for the agreement that signed the agreement may, with the consent of the other negotiating entity for the agreement, apply to the FWC to…
Section 536NR — When a road transport contractual chain order applies to a person
When a road transport contractual chain order applies to a regulated road transport contractor or a road transport employee-like worker (1) A road transport contractual chain order applies to a…
Section 536PR — Terms that must not be included in a road transport contractual chain order
(1) A road transport contractual chain order must not include terms about any of the following matters: (a) overtime rates; (b) rostering arrangements; (c) a term that would change the form of the…
Section 536QR — Decisions on applications for road transport contractual chain guidelines
(1) If an application for road transport contractual chain guidelines is made to the FWC under subsection 536QQ(1), the FWC may decide to: (a) refuse to consider the application; or (b) make road…
Section 536JS — Interaction of minimum standards orders with State and Territory laws
(1) A minimum standards order prevails over a law of a State or Territory, to the extent of any inconsistency. (1A) It is the intent of the Parliament that, for an employee-like worker or digital…
Section 536KQS — FWC must consider whether to vary or revoke a minimum standards 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 minimum standards order; or (b) the FWC makes a deferral determination or a…
Section 536KS — Applications for minimum standards guidelines
(1) Any of the following may apply to the FWC for the making of minimum standards guidelines: (a) an organisation that is entitled to represent the industrial interests of one or more regulated…
Section 536LS — Remedy—new contract, etc.
Reinstatement (1) An order for a new contract must be an order that the road transport business at the time of the termination enter into a new contract in the same terms as the services contract at…