Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 656 — Establishment
There is to be a General Manager of the Fair Work Commission.
Section 657 — Functions and powers of the General Manager
(1) The General Manager is to assist the President in ensuring that the FWC performs its functions and exercises its powers. (1A) The General Manager also has the following functions: (a) any…
Section 658 — Directions from the President
Despite the President’s power of direction under section 582, the General Manager is not required to comply with a direction by the President to the extent that: (a) compliance with the direction…
Section 659 — General Manager not otherwise subject to direction
Except as provided by this or any other Act, the General Manager is not subject to direction by or on behalf of the Commonwealth.
Section 660 — Appointment of the General Manager
(1) The General Manager is to be appointed by the Governor-General by written instrument on the nomination of the President. (2) The General Manager holds office on a full-time basis. (3) The General…
Section 661 — Remuneration of the General Manager
(1) The General Manager is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the General Manager…
Section 662 — Leave of absence of the General Manager
(1) The General Manager has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant the General Manager leave of absence, other than recreation…
Section 663 — Outside work of the General Manager
The General Manager must not engage in paid work outside the duties of his or her office without the President’s approval.
Section 664 — Disclosure of interests to the President
(1) The General Manager must give written notice to the President of all material personal interests that the General Manager has or acquires that relate to the affairs of the FWC. (2) Section 29 of…
Section 665 — Resignation of the General Manager
(1) The General Manager may resign his or her appointment by giving the Governor-General a written resignation. (2) The resignation takes effect on the day it is received by the Governor-General or,…
Section 666 — Termination of appointment of the General Manager
(1) The Governor-General may terminate the appointment of the General Manager: (a) for misbehaviour; or (b) if the General Manager is unable to perform the duties of his or her office because of…
Section 667 — Other terms and conditions of the General Manager
The General Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor-General.
Section 668 — Appointment of acting General Manager
(1) The Minister may, by written instrument, appoint a person who is nominated by the President to act as the General Manager: (a) during a vacancy in the office of the General Manager (whether or…
Section 669 — Minister to consult the President
The Minister must consult the President before terms and conditions are determined under section 667.
Section 670 — Staff
(1) The staff of the FWC must be persons engaged under the Public Service Act 1999. (2) For the purposes of the Public Service Act 1999: (a) the General Manager and the staff of the FWC together…
Section 671 — Delegation by General Manager to staff
(1) The General Manager may, in writing, delegate all or any of his or her functions or powers to: (a) a member of the staff of the FWC who is an SES employee or acting SES employee; or (b) a member…
Section 672 — Persons assisting the FWC
The FWC may also be assisted: (a) by employees of Agencies (within the meaning of the Public Service Act 1999); or (b) by officers and employees of a State or Territory; or (c) by officers and…
Section 673 — Consultants
The General Manager may engage persons having suitable qualifications and experience as consultants to the FWC.
Section 673A — Application of the finance law
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the following group of persons is a listed entity: (i) the General…
Section 674 — Offences in relation to the FWC
Insulting or disturbing an FWC Member (1) A person commits an offence if: (a) the person engages in conduct; and (b) the person’s conduct insults or disturbs an FWC Member in the performance of…
Section 675 — Contravening an FWC order
(1) A person commits an offence if: (a) the FWC has made an order under this Act; and (b) either of the following applies: (i) the order applies to the person; (ii) a term of the order applies to the…
Section 676 — Intimidation etc.
A person commits an offence if: (a) the person threatens, intimidates, coerces or prejudices another person; and (b) the person does so because the other person has given, or proposes to give,…
Section 677 — Offences in relation to attending before the FWC
Required to attend (1) A person commits an offence if: (a) the person has been required to attend before the FWC; and (b) the person fails to attend as required. Penalty: Imprisonment for 6 months.…
Section 678 — False or misleading evidence
Giving false or misleading evidence (1) A person (the witness) commits an offence if: (a) the witness gives sworn or affirmed evidence; and (b) the witness gives the evidence as a witness: (i) in a…
Section 679 — Guide to this Part
This Part is about the Office of the Fair Work Ombudsman. Division 2 is about the Fair Work Ombudsman. The Fair Work Ombudsman’s functions include promoting and monitoring compliance with this Act,…
Section 680 — 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 681 — Establishment
There is to be a Fair Work Ombudsman.
Section 682 — Functions of the Fair Work Ombudsman
(1) The Fair Work Ombudsman has the following functions: (a) to promote: (i) harmonious, productive and cooperative workplace relations; and (ii) compliance with this Act and fair work instruments;…
Section 683 — Delegation by the Fair Work Ombudsman
(1) The Fair Work Ombudsman may, in writing, delegate to a member of the staff of the Office of the Fair Work Ombudsman or to an inspector all or any of the Fair Work Ombudsman’s functions or powers…
Section 684 — Directions from the Minister
(1) The Minister may, by legislative instrument, give written directions to the Fair Work Ombudsman about the performance of his or her functions. Note: Section 42 (disallowance) and Part 4 of…
Section 685 — Minister may require reports
(1) The Minister may, in writing, direct the Fair Work Ombudsman to give the Minister specified reports relating to the Fair Work Ombudsman’s functions. Note: A report must not include information…
Section 686 — Annual report
To avoid doubt, the requirement on the Fair Work Ombudsman to give an annual report to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 does not require…
Section 687 — Appointment of the Fair Work Ombudsman
(1) The Fair Work Ombudsman is to be appointed by the Governor-General by written instrument. (2) Before the Governor-General appoints a person as the Fair Work Ombudsman, the Minister must be…
Section 688 — Remuneration of the Fair Work Ombudsman
(1) The Fair Work Ombudsman is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Fair Work…
Section 689 — Leave of absence of the Fair Work Ombudsman
(1) The Fair Work Ombudsman has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant the Fair Work Ombudsman leave of absence, other than…
Section 690 — Outside work of the Fair Work Ombudsman
The Fair Work Ombudsman must not engage in paid work outside the duties of his or her office without the Minister’s approval.
Section 692 — Resignation of the Fair Work Ombudsman
(1) The Fair Work Ombudsman may resign his or her appointment by giving the Governor-General a written resignation. (2) The resignation takes effect on the day it is received by the Governor-General…
Section 693 — Termination of appointment of the Fair Work Ombudsman
(1) The Governor-General may terminate the appointment of the Fair Work Ombudsman: (a) for misbehaviour; or (b) if the Fair Work Ombudsman is unable to perform the duties of his or her office because…
Section 694 — Other terms and conditions of the Fair Work Ombudsman
The Fair Work Ombudsman holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor-General.
Section 695 — Appointment of acting Fair Work Ombudsman
(1) The Minister may, by written instrument, appoint a person who is qualified for appointment as the Fair Work Ombudsman to act as the Fair Work Ombudsman: (a) during a vacancy in the office of Fair…
Section 696 — Establishment of the Office of the Fair Work Ombudsman
(1) The Office of the Fair Work Ombudsman is established by this section. (2) The Office of the Fair Work Ombudsman consists of: (a) the Fair Work Ombudsman; and (b) the staff of the Office of the…
Section 697 — Staff
(1) The staff of the Office of the Fair Work Ombudsman must be persons engaged under the Public Service Act 1999. (2) For the purposes of the Public Service Act 1999: (a) the Fair Work Ombudsman and…
Section 698 — Persons assisting the Fair Work Ombudsman
The Fair Work Ombudsman may also be assisted: (a) by employees of Agencies (within the meaning of the Public Service Act 1999); or (b) by officers and employees of a State or Territory; or (c) by…
Section 699 — Consultants
The Fair Work Ombudsman may engage persons having suitable qualifications and experience as consultants to the Office of the Fair Work Ombudsman.
Section 700 — Appointment of Fair Work Inspectors
(1) The Fair Work Ombudsman may, in writing, appoint as a Fair Work Inspector: (a) a person who has been appointed, or who is employed, by the Commonwealth; or (b) a person who is employed by a State…
Section 701 — Fair Work Ombudsman is a Fair Work Inspector
The Fair Work Ombudsman is a Fair Work Inspector by force of this section.
Section 702 — Identity cards
(1) The Fair Work Ombudsman must issue an identity card to an inspector appointed under section 700. (2) The Minister must issue an identity card to the Fair Work Ombudsman. Form of identity card (3)…
Section 703 — Conditions and restrictions on functions and powers
(1) The functions, and powers (compliance powers), conferred on an inspector are subject to such conditions and restrictions as are specified in his or her instrument of appointment. (2) To avoid…
Section 704 — General directions by the Fair Work Ombudsman
(1) The Fair Work Ombudsman may, by legislative instrument, give a written direction to inspectors relating to the performance of their functions or the exercise of their powers as inspectors. (2)…
Section 705 — Particular directions by the Fair Work Ombudsman
(1) The Fair Work Ombudsman may give a direction to an inspector relating to the performance of the inspector’s functions or the exercise of the inspector’s powers as an inspector. (2) The inspector…