Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 536JZ — Applications for minimum standards orders
(1) Any of the following may apply to the FWC for the making of a minimum standards order: (a) an organisation that is entitled to represent the industrial interests of one or more regulated workers…
Section 536KZ — FWC may vary or revoke minimum standards guidelines if consistent with the minimum standards objective and the road transport objective
(1) The FWC may make a determination varying or revoking minimum standards guidelines if the FWC is satisfied that making the determination is consistent with: (a) the minimum standards objective;…
Section 536LZ — 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 536MZ — Meaning of employee and employer
In this Part, employee and employer have their ordinary meanings.
Section 536NZ — Interaction of road transport contractual chain orders with State and Territory laws
(1) A road transport contractual chain order prevails over a law of a State or Territory, to the extent of any inconsistency. (2) Despite subsection (1), a term of a road transport contractual chain…
Section 536PZ — 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 declaration in relation to the road transport contractual chain order is in operation; and…
Section 537 — Guide to this Part
This Part is about civil remedies. Certain provisions in this Act impose obligations on certain persons. Civil remedies may be sought in relation to contraventions of these civil remedy provisions.…
Section 538 — Meanings of employee and employer
In this Part, employee and employer have their ordinary meanings. Note: See also Division 2 of Part 6-4A (TCF contract outworkers taken to be employees in certain circumstances).
Section 539 — Applications for orders in relation to contraventions of civil remedy provisions
(1) A provision referred to in column 1 of an item in the table in subsection (2) is a civil remedy provision. (2) For each civil remedy provision, the persons referred to in column 2 of the item…
Section 540 — Limitations on who may apply for orders etc.
Employees, employers, outworkers and outworker entities (1) The following persons may apply for an order under this Division, in relation to a contravention or proposed contravention of a civil…
Section 541 — Applications for orders in relation to safety net contractual entitlements
(1) This section applies if an inspector applies to a court for an order under this Division, in relation to an employer’s contravention or proposed contravention of a provision or term referred to…
Section 542 — Entitlements under contracts
(1) For the purposes of this Part, a safety net contractual entitlement of a national system employer or a national system employee, as in force from time to time, also has effect as an entitlement…
Section 543 — Applications for orders in relation to statutory entitlements derived from contracts
A national system employer or a national system employee may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) to enforce an entitlement of the employer or…
Section 544 — Time limit on applications
A person may apply for an order under this Division in relation to a contravention of one of the following only if the application is made within 6 years after the day on which the contravention…
Section 545 — Orders that can be made by particular courts
Federal Court and Federal Circuit and Family Court of Australia (Division 2) (1) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may make any order the court…
Section 545A — Orders relating to casual loading amounts
(1) This section applies if: (a) a person is employed by an employer in circumstances where the employment is described as casual employment; and (b) the employer pays the person an identifiable…
Section 546 — Pecuniary penalty orders
(1) The Federal Court, the Federal Circuit and Family Court of Australia (Division 2) or an eligible State or Territory court may, on application, order a person to pay a pecuniary penalty that the…
Section 546A — Underpayment amounts associated with contravention of civil remedy provisions
(1) A contravention of a civil remedy provision is associated with an underpayment amount if: (a) an employer is required to pay an amount (a required amount) to, on behalf of, or for the benefit of,…
Section 547 — Interest up to judgment
(1) This section applies to an order (other than a pecuniary penalty order) under this Division in relation to an amount that a person was required to pay to, or on behalf of, another person under…
Section 548 — Plaintiffs may choose small claims procedure
(1) Proceedings are to be dealt with as small claims proceedings under this section if: (a) a person applies for an order (other than a pecuniary penalty order) under Division 2 from a magistrates…
Section 549 — Contravening a civil remedy provision is not an offence
A contravention of a civil remedy provision is not an offence.
Section 550 — Involvement in contravention treated in same way as actual contravention
(1) A person who is involved in a contravention of a civil remedy provision is taken to have contravened that provision. Note: If a person (the involved person) is taken under this subsection to have…
Section 551 — Civil evidence and procedure rules for proceedings relating to civil remedy provisions
A court must apply the rules of evidence and procedure for civil matters when hearing proceedings relating to a contravention, or proposed contravention, of a civil remedy provision.
Section 552 — Civil proceedings after criminal proceedings
A court must not make a pecuniary penalty order against a person for a contravention of a civil remedy provision if the person has been convicted of an offence constituted by conduct that is…
Section 553 — Criminal proceedings during civil proceedings
(1) Proceedings for a pecuniary penalty order against a person for a contravention of a civil remedy provision are stayed if: (a) criminal proceedings are commenced or have already commenced against…
Section 554 — Criminal proceedings after civil proceedings
Criminal proceedings may be commenced against a person for conduct that is substantially the same as conduct constituting a contravention of a civil remedy provision regardless of whether an order…
Section 555 — Evidence given in proceedings for pecuniary penalty not admissible in criminal proceedings
(1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if: (a) the individual previously gave the…
Section 556 — Civil double jeopardy
If a person is ordered to pay a pecuniary penalty under a civil remedy provision in relation to particular conduct, the person is not liable to be ordered to pay a pecuniary penalty under some other…
Section 557 — Course of conduct
(1) For the purposes of this Part, 2 or more contraventions of a civil remedy provision referred to in subsection (2) are, subject to subsection (3), taken to constitute a single contravention if:…
Section 557A — Serious contravention of civil remedy provisions
(1) A contravention of a civil remedy provision by a person is a serious contravention if: (a) the person knowingly contravened the provision; or (b) the person was reckless as to whether the…
Section 557B — Liability of bodies corporate for serious contravention
(1) For the purposes of subsection 557A(1), a body corporate knowingly contravenes a civil remedy provision if the body corporate expressly, tacitly or impliedly authorised the contravention. (2)…
Section 557C — Presumption where records not provided
(1) If: (a) in proceedings relating to a contravention by an employer of a civil remedy provision referred to in subsection (3), an applicant makes an allegation in relation to a matter; and (b) the…
Section 558 — Regulations dealing with infringement notices
(1) The regulations may provide for a person who is alleged to have contravened a civil remedy provision to pay a penalty to the Commonwealth as an alternative to civil proceedings. (2) The penalty…
Section 558A — Meaning of franchisee entity and responsible franchisor entity
(1) A person is a franchisee entity of a franchise if: (a) the person is a franchisee (including a subfranchisee) in relation to the franchise; and (b) the business conducted by the person under the…
Section 558B — Responsibility of responsible franchisor entities and holding companies for certain contraventions
Responsible franchisor entities (1) A person contravenes this subsection if: (a) an employer who is a franchisee entity of a franchise contravenes a civil remedy provision referred to in subsection…
Section 558C — Right of responsible franchisor entity or holding company to recover
(1) This section applies if: (a) a person pays an amount to, or on behalf of, an employee pursuant to an order under subsection 545(1) relating to a contravention by the person of subsection 558B(1)…
Section 559 — Unclaimed money
Payment to the Commonwealth (1) An employer may pay an amount to the Commonwealth if: (a) the employer was required to pay the amount to an employee under this Act or a fair work instrument; and (b)…
Section 560 — Guide to this Part
This Part is about the jurisdiction and powers of the courts in relation to matters arising under this Act. Divisions 2 and 3 confer jurisdiction on the Federal Court and the Federal Circuit and…
Section 561 — Meanings of employee and employer
In this Part, employee and employer have their ordinary meanings. Note: See also Division 2 of Part 6-4A (TCF contract outworkers taken to be employees in certain circumstances).
Section 562 — Conferring jurisdiction on the Federal Court
Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.
Section 563 — Exercising jurisdiction in the Fair Work Division of the Federal Court
The jurisdiction conferred on the Federal Court under section 562 is to be exercised in the Fair Work Division of the Federal Court if: (a) an application is made to the Federal Court under this Act;…
Section 564 — No limitation on Federal Court’s powers
To avoid doubt, nothing in this Act limits the Federal Court’s powers under section 21, 22 or 23 of the Federal Court of Australia Act 1976.
Section 565 — Appeals from eligible State or Territory courts
Appeals from original decisions of eligible State or Territory courts (1) An appeal lies to the Federal Court from a decision of an eligible State or Territory court exercising jurisdiction under…
Section 566 — Conferring jurisdiction on the Federal Circuit and Family Court of Australia (Division 2)
Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) in relation to any civil matter arising under this Act.
Section 567 — Exercising jurisdiction in the Fair Work Division of the Federal Circuit and Family Court of Australia (Division 2)
Jurisdiction conferred on the Federal Circuit and Family Court of Australia (Division 2) under section 566 is to be exercised in the Fair Work Division of the Court if: (a) an application is made to…
Section 568 — No limitation on powers of the Federal Circuit and Family Court of Australia (Division 2)
To avoid doubt, nothing in this Act limits the powers of the Federal Circuit and Family Court of Australia (Division 2) under section 139, 140 or 141 of the Federal Circuit and Family Court of…
Section 569 — Minister’s entitlement to intervene
(1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister…
Section 569A — State or Territory Minister’s entitlement to intervene
(1) The Minister of a State or Territory who has responsibility for workplace relations matters may intervene on behalf of the State or Territory in proceedings before a court (including a court of a…
Section 570 — Costs only if proceedings instituted vexatiously etc.
(1) A party to proceedings (including an appeal) in a court (including a court of a State or Territory) in relation to a matter arising under this Act may be ordered by the court to pay costs…
Section 571 — No imprisonment for failure to pay pecuniary penalty
(1) A court (including a court of a State or Territory) may not order a person to serve a sentence of imprisonment if the person fails to pay a pecuniary penalty imposed under this Act. (2) This…