Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 706 — Purpose for which powers of inspectors may be exercised
(1) An inspector may exercise compliance powers (other than a power under section 715 or 716) for one or more of the following purposes (compliance purposes): (a) determining whether this Act, a…
Section 707 — When powers of inspectors may be exercised
An inspector may exercise compliance powers: (a) at any time during working hours; or (b) at any other time, if the inspector reasonably believes that it is necessary to do so for compliance purposes.
Section 707A — Hindering or obstructing the Fair Work Ombudsman and inspectors etc.
(1) A person must not intentionally hinder or obstruct: (a) the Fair Work Ombudsman or an inspector in the performance of his or her functions or the exercise of his or her powers as the Fair Work…
Section 708 — Power of inspectors to enter premises
(1) An inspector may, without force: (a) enter premises, if the inspector reasonably believes that this Act or a fair work instrument applies to work that is being, or applied to work that has been,…
Section 709 — Powers of inspectors while on premises
The inspector may exercise one or more of the following powers while on the premises: (a) inspect any work, process or object; (b) interview any person; (c) require a person to tell the inspector who…
Section 710 — Persons assisting inspectors
(1) A person (the assistant) may accompany the inspector onto the premises to assist the inspector if the Fair Work Ombudsman is satisfied that: (a) the assistance is necessary and reasonable; and…
Section 711 — Power to ask for person’s name and address
(1) An inspector may require a person to tell the inspector the person’s name and address if the inspector reasonably believes that the person has contravened this Act. (2) If the inspector…
Section 712 — Power to require persons to produce records or documents
(1) An inspector may require a person, by notice, to produce a record or document to the inspector. (2) The notice must: (a) be in writing; and (b) be served on the person; and (c) require the person…
Section 712A — Minister may nominate ART President or Deputy President to issue FWO notices
(1) The Minister may, by writing, nominate an ART President or Deputy President to issue written notices (FWO notices) under section 712AB. (2) The Minister may nominate an ART President or Deputy…
Section 712AA — Fair Work Ombudsman may apply to nominated ART President or Deputy President for FWO notice
General requirements (1) The Fair Work Ombudsman may apply, in writing, to a nominated ART President or Deputy President for the issue of an FWO notice referred to in subsection (2) if the Fair Work…
Section 712AB — Issue of FWO notice
(1) A nominated ART President or Deputy President to whom an application for an FWO notice has been made must issue the FWO notice if the ART President or Deputy President is satisfied of the…
Section 712B — Requirement to comply with FWO notice
(1) A person who has been given an FWO notice must do the following (as applicable): (a) give information or produce a document in accordance with the notice; (b) attend to answer questions in…
Section 712AC — Form and content of FWO notice
An FWO notice must: (a) if a form is prescribed by the regulations—be in that form; and (b) if the notice requires a person to give information under paragraph 712AA(2)(a)—specify the time by which,…
Section 712C — Payment for expenses incurred in attending as required by an FWO notice
(1) A person who attends as required by an FWO notice is (subject to subsection (2)) entitled to be paid fees and allowances, fixed by or calculated in accordance with the regulations, for reasonable…
Section 712AD — Fair Work Ombudsman may give FWO notice to person in relation to whom it is issued and vary time for compliance
Fair Work Ombudsman may give FWO notice to person in relation to whom it is issued (1) If a nominated ART President or Deputy President issues an FWO notice, the Fair Work Ombudsman may give the…
Section 712D — Protection from liability relating to FWO notices
A person who, in good faith, gives information, produces a record or document, or answers a question, when required to do so under an FWO notice is not liable to: (a) any proceedings for contravening…
Section 712AE — Conduct of examination
Legal representation (1) A person attending before the Fair Work Ombudsman, or a member of the staff mentioned in paragraph 712AA(2)(c), may be represented by a lawyer if the person chooses. Oath or…
Section 712E — Fair Work Ombudsman must notify Commonwealth Ombudsman of issue of FWO notice
(1) As soon as practicable after an FWO notice has been issued, the Fair Work Ombudsman must: (a) notify the Commonwealth Ombudsman that the FWO notice has been issued; and (b) give the Commonwealth…
Section 712F — Review and report by Commonwealth Ombudsman
Fair Work Ombudsman to give report etc. to Commonwealth Ombudsman (1) As soon as practicable after an examination of a person under paragraph 712AA(2)(c) is completed, the Fair Work Ombudsman must…
Section 713 — Self-incrimination etc.
Excuses that are not available (1) A person is not excused from giving information, producing a record or document, or answering a question, under paragraph 709(d) or subsection 712(1), or under an…
Section 713A — Certain records and documents are inadmissible
(1) The following are not admissible in evidence in criminal proceedings against an individual: (a) any record or document inspected or copied under paragraph 709(e) of which the individual had…
Section 713AA — Legal professional privilege
Nothing in this Part requires a person to produce a document that would disclose information that is the subject of legal professional privilege.
Section 714 — Power to keep records or documents
(1) If a record or document is produced to the Fair Work Ombudsman, an inspector or any other person in accordance with this Subdivision, he or she may: (a) inspect, and make copies of, the record or…
Section 714A — Reports not to include information relating to an individual’s affairs
(1) Information relating to the affairs of an individual must not be included in a report under section 685 (which allows the Minister to require reports) or in a report referred to in section 686…
Section 715 — Enforceable undertakings relating to contraventions of civil remedy provisions
Application of this section (1) This section applies if the Fair Work Ombudsman reasonably believes that a person has contravened a civil remedy provision. Accepting an undertaking (2) The Fair Work…
Section 716 — Compliance notices
Application of this section (1) This section applies if an inspector reasonably believes that a person has contravened one or more of the following: (a) a provision of the National Employment…
Section 717 — Review of compliance notices
(1) A person who has been given a notice under section 716 may apply to the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) or an eligible State or Territory Court for a…
Section 717A — Effect of cooperation agreement
(1) While a cooperation agreement is in force between the Fair Work Ombudsman and a person, the Fair Work Ombudsman must not refer conduct engaged in by the person that is covered by the agreement to…
Section 717B — Entry into cooperation agreement
(1) The Fair Work Ombudsman may enter into a written agreement (a cooperation agreement) with a person covering specified conduct engaged in by the person that the person has reported to the Fair…
Section 717C — When a cooperation agreement is in force
A cooperation agreement is in force: (a) from the time it is entered into or any later time specified in the agreement; and (b) until the earliest of the following: (i) the Fair Work Ombudsman…
Section 717D — Termination of cooperation agreement by Fair Work Ombudsman
(1) The Fair Work Ombudsman may terminate a cooperation agreement with a person at any time, by written notice to the person, if the Fair Work Ombudsman is satisfied that any of the following grounds…
Section 717E — Withdrawal from cooperation agreement
A person that is party to a cooperation agreement with the Fair Work Ombudsman may withdraw from the agreement, but only with the consent of the Fair Work Ombudsman.
Section 717F — Variation of cooperation agreement
The parties to a cooperation agreement may vary the agreement, by mutual consent and in writing.
Section 717G — Relationship with other powers
(1) Whether a cooperation agreement is in force in relation to particular conduct does not affect: (a) the power of the Fair Work Ombudsman to accept an enforceable undertaking under section 715 in…
Section 718 — Disclosure of information by the Office of the Fair Work Ombudsman
Information to which this section applies (1) This section applies to the following information: (a) information acquired by the Fair Work Ombudsman in the course of performing functions, or…
Section 718A — False or misleading information or documents
(1) A person must not give information or produce a document to the Fair Work Ombudsman, an inspector, or a person referred to in subsection 712AA(2), (the official) exercising powers or performing…
Section 719 — Guide to this Part
This Part provides rules relating to applications for remedies under this Act. Division 2 prevents certain applications where other remedies are available. Division 3 prevents multiple applications…
Section 720 — 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 721 — Equal remuneration applications
(1) The FWC must not deal with an application for an equal remuneration order if the FWC is satisfied that there is available to the employees to whom the order will apply, an adequate alternative…
Section 722 — Notification and consultation requirements applications
The FWC must not make an order under subsection 532(1) or 787(1) if the FWC is satisfied that there is available to the applicant, or to the employees represented by the applicant, an alternative…
Section 723 — Unlawful termination applications
A person must not make an unlawful termination application in relation to conduct if the person is entitled to make a general protections court application in relation to the conduct.
Section 724 — Equal remuneration applications
(1) The FWC must not deal with an application for an equal remuneration order in relation to an employee if proceedings for an alternative remedy: (a) to ensure equal remuneration for work of equal…
Section 725 — General rule
A person who has been dismissed must not make an application or complaint of a kind referred to in any one of sections 726 to 732 in relation to the dismissal if any other of those sections applies.
Section 726 — Dismissal remedy bargaining order applications
(1) This section applies if: (a) a dismissal remedy bargaining order application has been made by, or on behalf of, the person in relation to the dismissal; and (b) the application has not: (i) been…
Section 727 — General protections FWC applications
(1) This section applies if: (a) a general protections FWC application has been made by, or on behalf of, the person in relation to the dismissal; and (b) the application has not: (i) been withdrawn…
Section 728 — General protections court applications
This section applies if: (a) a general protections court application has been made by, or on behalf of, the person in relation to the dismissal; and (b) the application has not: (i) been withdrawn by…
Section 729 — Unfair dismissal applications
(1) This section applies if: (a) an unfair dismissal application has been made by the person in relation to the dismissal; and (b) the application has not: (i) been withdrawn by the person who made…
Section 730 — Unlawful termination FWC applications
(1) This section applies if: (a) an unlawful termination FWC application has been made by, or on behalf of, the person in relation to the dismissal; and (b) the application has not: (i) been…
Section 731 — Unlawful termination court applications
This section applies if: (a) an unlawful termination court application has been made by, or on behalf of, the person in relation to the dismissal; and (b) the application has not: (i) been withdrawn…
Section 732 — Applications and complaints under other laws
(1) This section applies if: (a) an application or complaint under another law has been made by, or on behalf of, the person in relation to the dismissal; and (b) the application or complaint has…