Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 536MS — FWC must register collective agreement
(1) If an application for the registration of a collective agreement is made under subsection 536MR(1), the FWC must register the agreement if the requirements of section 536MR and subsections (2),…
Section 536NS — When a road transport contractual chain order covers a person in a road transport contractual chain
(1) A road transport contractual chain order covers a person in a road transport contractual chain if the order is expressed to cover the person. Effect of other provisions of this Act, FWC orders or…
Section 536PS — Applications to vary or revoke road transport contractual chain orders
Any of the following may apply to the FWC for a determination varying or revoking a road transport contractual chain order: (a) an organisation that is entitled to represent the industrial interests…
Section 536QS — Road transport contractual chain guidelines not to be made if a road transport contractual chain order is in operation
The FWC must not make road transport contractual chain guidelines that cover the same persons in a road transport contractual chain in relation to the same matters as a road transport contractual…
Section 536JT — Authorisation of conduct for the purposes of the Competition and Consumer Act 2010
Conduct in accordance with order or collective agreement (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,…
Section 536KQT — FWC to prepare and publish a notice relating to proposed variation or revocation of a road transport minimum standards order
(1) Before deciding to vary or revoke a road transport minimum standards order in relation to which a deferral declaration or a deferral determination has been made, the FWC must: (a) publish a…
Section 536KT — Initial matter to be considered for employee-like worker minimum standards guidelines
(1) This section applies to a decision to make or vary, or not to make or vary, employee-like worker guidelines, other than a decision of the FWC to refuse to consider an application to make or vary…
Section 536LT — Remedy—compensation
Compensation (1) An order for the payment of compensation to a person must be an order that the road transport business at the time of the termination pay compensation to the person in lieu of…
Section 536MT — Application for variation of a collective agreement
(1) The following may apply for a variation of a collective agreement that is in operation: (a) the regulated business covered by the collective agreement; (b) the organisation covered by the…
Section 536NT — When a road transport contractual chain order is in operation
When a road transport contractual chain order comes into operation (1) A road transport contractual chain order comes into operation on the day specified in the order. (2) The specified day must not…
Section 536PT — FWC may vary or revoke road transport contractual chain orders
(1) The FWC may make a determination varying or revoking a road transport contractual chain order if the FWC is satisfied that making the determination is consistent with the minimum standards…
Section 536QT — Terms that must be included in road transport contractual chain guidelines
Road transport contractual chain guidelines must include terms setting out the same matters in relation to road transport contractual chain orders as set out in section 536PM.
Section 536KQU — Affected entities to have a reasonable opportunity to make submissions and comment on a proposed variation or revocation of a 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 proposed variation or revocation of a road…
Section 536KU — Decisions on applications for minimum standards guidelines
(1) If an application for minimum standards guidelines is made to the FWC under subsection 536KS(1), the FWC may decide to: (a) refuse to consider the application; or (b) make minimum standards…
Section 536LU — Application for unfair deactivation or unfair termination remedy
(1) A person who has been deactivated or terminated may apply to the FWC for an order under Division 4 granting a remedy. Note 1: Division 4 sets out when the FWC may order a remedy for unfair…
Section 536MU — FWC must vary collective agreement
(1) If an application for a variation of a collective agreement is made under subsection 536MT(1), the FWC must register the agreement as varied if the requirements of section 536MT and subsection…
Section 536NU — When road transport contractual chain guidelines cover a person in a road transport contractual chain
(1) Road transport contractual chain guidelines cover a person in a road transport contractual chain if the guidelines are expressed to cover the person. Effect of other provisions of this Act, FWC…
Section 536PU — Minister may make a declaration deferring the operation or application of a road transport contractual chain 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 536QU — Terms that may be included in road transport contractual chain guidelines
Road transport contractual chain guidelines may include terms about any of the matters that may be included in road transport contractual chain orders under section 536PQ.
Section 536JV — Guide to this Part
This Part is about setting minimum standards for certain regulated workers, specifically, employee-like workers and regulated road transport contractors. Division 2 of this Part sets out the minimum…
Section 536KQV — Finalising draft order
(1) The FWC may make any changes it thinks appropriate to a draft road transport minimum standards order as proposed to be varied. (2) If changes proposed to be made under subsection (1) are…
Section 536KV — Minimum standards guidelines not to be made if a minimum standards order is in operation
The FWC must not make minimum standards guidelines that cover the same regulated workers and the same regulated businesses in relation to the same matters as a minimum standards order that is in…
Section 536LV — 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 536MV — FWC must be notified of termination
(1) This section applies if a collective agreement has been terminated in accordance with the process specified in the agreement for terminating the agreement before the end of its period of…
Section 536NV — When road transport contractual chain guidelines are in operation
When road transport contractual chain guidelines come into operation (1) Road transport contractual chain guidelines come into operation on the day specified in the guidelines. (2) The specified day…
Section 536PV — Limitations on making a deferral declaration
No deferral of road transport contractual chain order that is in operation (1) The Minister must not make a deferral declaration in relation to a road transport contractual chain order that has…
Section 536QV — Terms that must not be included in road transport contractual chain guidelines
Road transport contractual chain guidelines must not include terms about any of the matters that must not be included in road transport contractual chain orders as set out in section 536PR.
Section 536JW — Meaning of employee and employer
In this Part, employee and employer have their ordinary meanings.
Section 536KQW — FWC to prepare and publish a notice relating to a proposed variation or revocation of an employee-like worker minimum standards order
(1) Before deciding to vary or revoke an employee-like worker minimum standards order in relation to which a deferral declaration or a deferral determination has been made, the FWC must: (a) publish…
Section 536KW — Terms that must be included in minimum standards guidelines
Minimum standards guidelines must include terms setting out the same matters in relation to minimum standards orders as set out in the following: (a) in the case of employee-like worker guidelines—in…
Section 536LW — Initial matters to be considered before merits
The FWC must decide the following matters relating to an application for an order under Division 4 before considering the merits of the application: (a) whether the application was made within the…
Section 536MW — FWC must register termination notice
(1) If a notice is given to the FWC under subsection 536MV(2) in relation to a collective agreement, the FWC must register the termination by publishing a notice on the FWC’s website: (a) stating…
Section 536NW — Exclusion of certain State and Territory laws
(1) For the purposes of this Chapter, the rights, entitlements, obligations and liabilities of a person in a road transport contractual chain are not affected by a law of a State or Territory to the…
Section 536PW — 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 declaration in relation to the road transport contractual chain order is in operation; and (b)…
Section 536QW — FWC may vary or revoke road transport contractual chain guidelines
(1) The FWC may make a determination varying or revoking road transport contractual chain guidelines if the FWC is satisfied that making the determination is consistent with the road transport…
Section 536JX — The minimum standards objective
In performing a function or exercising a power under this Part, the FWC must take into account the need for an appropriate safety net of minimum standards for regulated workers, having regard to the…
Section 536KQX — Affected entities to have a reasonable opportunity to make submissions and comment on a proposed variation or revocation of an 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 proposed variation or revocation of an…
Section 536KX — Terms that may be included in minimum standards guidelines
Minimum standards guidelines may include terms about any of the matters that may be included in minimum standards orders under section 536KL.
Section 536LX — Matters involving contested facts
The FWC must conduct a conference or hold a hearing in relation to a matter arising under this Part if, and to the extent that, the matter involves facts the existence of which is in dispute.
Section 536MX — Terms of a collective agreement that are of no effect
(1) A term of a collective agreement has no effect to the extent that it is a term about a matter other than a matter mentioned in subsection 536MK(2) or (3). (2) A term of a collective agreement has…
Section 536NX — What are workplace relations matters
For the purposes of this Chapter, workplace relations matter has the same meaning as in section 536JQ.
Section 536PX — Minister may make a declaration suspending a road transport contractual chain 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 road…
Section 536QX — Applications to vary or revoke road transport contractual chain guidelines
Any of the following may apply to the FWC for a determination varying or revoking road transport contractual chain guidelines: (a) an organisation that is entitled to represent the industrial…
Section 536JY — Minimum standards orders
(1) The FWC may make an order (a minimum standards order) that sets standards for: (a) employee-like workers; or (b) regulated road transport contractors. (2) A minimum standards order for…
Section 536KQY — Finalising draft order
(1) The FWC may make any changes it thinks appropriate to a draft employee-like worker minimum standards order as proposed to be varied. (2) If changes proposed to be made under subsection (1) are…
Section 536KY — Terms that must not be included in minimum standards guidelines
Minimum standards guidelines must not include terms about any of the matters that must not be included in minimum standards orders as set out in the following: (a) in the case of employee-like worker…
Section 536LY — 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 536MY — Guide to this Part
This Part is about unfair contract terms of services contracts. It provides a framework for dealing with unfair contract terms.
Section 536NY — What is an unfairness ground
For the purposes of this Chapter, an unfairness ground in relation to a services contract has the same meaning as in section 536JR.
Section 536PY — Suspension declaration must generally be made within 12 months of certain dates
Full suspension declaration timing (1) A full suspension declaration in relation to a road transport contractual chain order must be made within the relevant period starting on the day on which the…