Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 572 — Regulations dealing with matters relating to court proceedings
The regulations may provide for the fees to be charged in relation to proceedings in a court (including a court of a State or Territory) under this Act.
Section 573 — Guide to this Part
This Part is about the Fair Work Commission. Division 2 establishes and confers functions on the FWC. The FWC consists of the President, Vice Presidents, Deputy Presidents, Commissioners and Expert…
Section 574 — 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 575 — Establishment of the Fair Work Commission
(1) The body known immediately before the commencement of this subsection as Fair Work Australia is continued in existence as the Fair Work Commission. Note: See also subsection 25B(1) of the Acts…
Section 576 — Functions of the FWC
(1) The FWC has the functions conferred by this Act in relation to the following subject matters: (a) the National Employment Standards (Part 2-2); (b) modern awards (Part 2-3); (c) enterprise…
Section 577 — Performance of functions etc. by the FWC
(1) The FWC must perform its functions and exercise its powers in a manner that: (a) is fair and just; and (b) is quick, informal and avoids unnecessary technicalities; and (c) is open and…
Section 578 — Matters the FWC must take into account in performing functions etc.
In performing functions or exercising powers, in relation to a matter, under a part of this Act (including this Part), the FWC must take into account: (a) the objects of this Act, and any objects of…
Section 579 — FWC has privileges and immunities of the Crown
The FWC has the privileges and immunities of the Crown in right of the Commonwealth.
Section 580 — Protection of FWC Members
An FWC Member has, in performing his or her functions or exercising his or her powers as an FWC Member, the same protection and immunity as a Justice of the High Court. Note: See also section 584B…
Section 581 — Functions of the President
The President is responsible for ensuring that the FWC performs its functions and exercises its powers in a manner that: (a) is efficient; and (b) adequately serves the needs of employers and…
Section 581A — Dealing with a complaint about an FWC Member
(1) Without limiting section 581 (which deals with the functions of the President), the President may: (a) deal, in accordance with subsection (2) of this section, with a complaint about the…
Section 581B — Code of Conduct
(1) After consulting the other FWC Members, the President may determine a Code of Conduct for FWC Members. (2) Subsection (1) does not limit section 582 (which deals with directions by the…
Section 582 — Directions by the President
The President may give directions (1) The President may give directions under subsection (2) as to the manner in which the FWC is to perform its functions, exercise its powers or deal with matters.…
Section 583 — President not subject to direction
The President is not subject to direction by or on behalf of the Commonwealth.
Section 584 — Delegation of functions and powers of the President
(1) The President may, in writing, delegate to a Vice President or a Deputy President all or any of the President’s functions or powers, other than under: (aa) paragraph 581A(1)(b) (which deals with…
Section 584B — Protection of persons involved in handling etc. complaints about FWC Members
(1) A person who is exercising powers or performing functions under or for the purposes of paragraph 581A(1)(a), subsections 581A(2) to (5), or section 641A, in relation to a complaint about an FWC…
Section 585 — Applications in accordance with procedural rules
An application to the FWC must be in accordance with the procedural rules (if any) relating to applications of that kind. Note 1: Certain provisions might impose additional requirements in relation…
Section 586 — Correcting and amending applications and documents etc.
The FWC may: (a) allow a correction or amendment of any application, or other document relating to a matter before the FWC, on any terms that it considers appropriate; or (b) waive an irregularity in…
Section 587 — Dismissing applications
(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if: (a) the application is not made in accordance with this Act; or (b) the application is frivolous…
Section 588 — Discontinuing applications
A person who has applied to the FWC may discontinue the application: (a) in accordance with the procedural rules (if any); and (b) whether or not the matter has been settled.
Section 589 — Procedural and interim decisions
(1) The FWC may make decisions as to how, when and where a matter is to be dealt with. (2) The FWC may make an interim decision in relation to a matter before it. (3) The FWC may make a decision…
Section 590 — Powers of the FWC to inform itself
(1) The FWC may, except as provided by this Act, inform itself in relation to any matter before it in such manner as it considers appropriate. (2) Without limiting subsection (1), the FWC may inform…
Section 591 — FWC not bound by rules of evidence and procedure
The FWC is not bound by the rules of evidence and procedure in relation to a matter before it (whether or not the FWC holds a hearing in relation to the matter).
Section 592 — Conferences
(1) For the purpose of performing a function or exercising a power of the FWC (other than a function or power under Part 2-6), the FWC may direct a person to attend a conference at a specified time…
Section 593 — Hearings
(1) The FWC is not required to hold a hearing in performing functions or exercising powers, except as provided by this Act. (2) If the FWC holds a hearing in relation to a matter, the hearing must be…
Section 594 — Confidential evidence
(1) The FWC may make an order prohibiting or restricting the publication of the following in relation to a matter before the FWC (whether or not the FWC holds a hearing in relation to the matter) if…
Section 595 — FWC’s power to deal with disputes
(1) The FWC may deal with a dispute only if the FWC is expressly authorised to do so under or in accordance with another provision of this Act. (2) The FWC may deal with a dispute (other than by…
Section 596 — Representation by lawyers and paid agents
(1) Except as provided by subsection (3) or the procedural rules, a person may be represented in a matter before the FWC (including by making an application or submission to the FWC on behalf of the…
Section 597 — Minister’s entitlement to make submissions
(1) The Minister is entitled to make a submission for consideration in relation to a matter before the FWC if: (a) the matter is before a Full Bench and it is in the public interest for the Minister…
Section 597A — State or Territory Minister’s entitlement to make submissions
(1) The Minister of a State or Territory who has responsibility for workplace relations matters is entitled to make a submission for consideration in relation to a matter before the FWC if: (a) the…
Section 598 — Decisions of the FWC
(1) A reference in this Part to a decision of the FWC includes any decision of the FWC however described. However, to avoid doubt, a reference to a decision of the FWC does not include a statement…
Section 599 — FWC not required to decide an application in terms applied for
Except as provided by this Act, the FWC is not required to make a decision in relation to an application in the terms applied for.
Section 600 — Determining matters in the absence of a person
The FWC may determine a matter before it in the absence of a person who has been required to attend before it.
Section 601 — Writing and publication requirements for the FWC’s decisions
(1) The following decisions of the FWC must be in writing: (a) a decision of the FWC made under a Part of this Act other than this Part; (b) an interim decision that relates to a decision to be made…
Section 602 — Correcting obvious errors etc. in relation to the FWC’s decisions
(1) The FWC may correct or amend any obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the FWC (other than an error, defect or irregularity in a modern…
Section 602A — Validation of approval of enterprise agreement
(1) If: (a) after an enterprise agreement was made: (i) an application for the approval of a draft of the enterprise agreement was erroneously made to the FWC; and (ii) the FWC approved the draft of…
Section 602B — Validation of approval of variation of enterprise agreement
(1) If: (a) after a variation of an enterprise agreement was made: (i) an application for the approval of a draft of the variation was erroneously made to the FWC; and (ii) the FWC approved the draft…
Section 603 — Varying and revoking the FWC’s decisions
(1) The FWC may vary or revoke a decision of the FWC that is made under this Act (other than a decision referred to in subsection (3)). Note: If the FWC makes a decision to make an instrument, the…
Section 604 — Appeal of decisions
(1) A person who is aggrieved by a decision: (a) made by the FWC (other than a decision of a Full Bench or an Expert Panel); or (b) made under the Registered Organisations Act by the General Manager…
Section 605 — Minister’s entitlement to apply for review of a decision
(1) The Minister may apply to the FWC for a review to be conducted by the FWC of a decision made by the FWC (other than a decision of a Full Bench or an Expert Panel) if the Minister believes that…
Section 606 — Staying decisions that are appealed or reviewed
(1) If, under section 604 or 605, the FWC hears an appeal from, or conducts a review of, a decision, the FWC may (except as provided by subsection (3)) order that the operation of the whole or part…
Section 607 — Process for appealing or reviewing decisions
(1) An appeal from, or a review of, a decision of the FWC or the General Manager may be heard or conducted without holding a hearing only if: (a) it appears to the FWC that the appeal or review can…
Section 608 — Referring questions of law to the Federal Court
(1) The President may refer a question of law arising in a matter before the FWC for the opinion of the Federal Court. (2) A question of law referred under subsection (1) must be determined by the…
Section 609 — Procedural rules
(1) After consulting the other FWC Members, the President may, by legislative instrument, make procedural rules in relation to: (a) the practice and procedure to be followed by the FWC; or (b) the…
Section 610 — Regulations dealing with any FWC matters
The regulations may provide for any matter that the procedural rules may provide for. Note: Regulations made under this section prevail over procedural rules (see subsection 796(2)).
Section 611 — Costs
(1) A person must bear the person’s own costs in relation to a matter before the FWC. (2) However, the FWC may order a person (the first person) to bear some or all of the costs of another person in…
Section 612 — FWC’s functions etc. may generally be performed by single FWC Member
(1) A function or power of the FWC may be performed or exercised by a single FWC Member (other than an Expert Panel Member), as directed by the President, except as provided by this Subdivision.…
Section 613 — Appeal of decisions
(1) A Full Bench must (except as provided by subsection (2)): (a) decide under section 604 whether to grant permission to appeal a decision; and (b) if the Full Bench decides to grant the…
Section 614 — Review of decisions by a Full Bench
A Full Bench must: (a) decide under section 605 whether to conduct a review of a decision; and (b) if the Full Bench decides to conduct the review—conduct the review in accordance with section 607.…
Section 615 — The President may direct a Full Bench to perform function etc.
(1) A function or power of the FWC may be performed or exercised by a Full Bench if the President so directs. Note: The President gives directions under section 582. (2) The President may direct that…