Fair Work Act 2009

Sections and provisions with full text and the judgments that cite each one.

Section 733 — Dismissal does not include failure to provide benefits

For the purposes of this Subdivision, a reference to an application or complaint made in relation to a dismissal does not include a reference to an application or complaint made only in relation to…

Section 734 — General rule

(1) A person must not make a general protections court application in relation to conduct that does not involve the dismissal of the person if: (a) an application or complaint under an…

Section 734A — Sexual harassment court applications—interaction with sexual harassment FWC applications

(1) A person (the first person) who alleges they have been sexually harassed in contravention of Division 2 of Part 3-5A by another person (the second person) must not (subject to subsection (2))…

Section 734BA — Limitation on applications for remedy for unfair deactivation—other proceedings in progress

(1) An application under Division 5 of Part 3A-3 (unfair deactivation or unfair termination of regulated workers) in relation to deactivation of a person from a digital labour platform must not be…

Section 734B — Sexual harassment FWC applications and sexual harassment court applications—interaction with anti-discrimination laws

(1) A person who alleges they have been sexually harassed in contravention of Division 2 of Part 3-5A must not make either of the following applications: (a) a sexual harassment FWC application…

Section 734BB — Limitation on applications for remedy for unfair termination—other proceedings in progress

(1) An application under Division 5 of Part 3A-3 (unfair deactivation or unfair termination of regulated workers) in relation to termination of a services contract must not be made if other…

Section 734C — Limitation on applications for review of services contracts—other proceedings in progress

(1) An application to review a services contract under Division 4 of Part 3A-5 (unfair contract terms) must not be made if other review proceedings have been commenced in relation to the services…

Section 735 — Guide to this Part

This Part is about dealing with disputes between national system employees and their employers, regulated workers and regulated businesses, and persons in a road transport contractual chain. Division…

Section 736 — Meanings of employee and employer

In this Part, employee means a national system employee, and employer means a national system employer. Note: See also Division 2 of Part 6-4A (TCF contract outworkers taken to be employees in…

Section 737 — Model term about dealing with disputes

(1) The FWC must determine a model term for dealing with disputes for enterprise agreements. (2) In determining the model term, the FWC must: (a) ensure that the model term is consistent with the…

Section 738 — Application of this Division

This Division applies if: (a) a modern award includes a term that provides a procedure for dealing with disputes, including a term in accordance with section 146; or (b) an enterprise agreement…

Section 739 — Disputes dealt with by the FWC

(1) This section applies if a term referred to in section 738 requires or allows the FWC to deal with a dispute. (3) In dealing with a dispute, the FWC must not exercise any powers limited by the…

Section 740 — Dispute dealt with by persons other than the FWC

(1) This section applies if a term referred to in section 738 requires or allows a person other than the FWC to deal with a dispute. (3) If, in accordance with the term, the parties have agreed that…

Section 741 — Guide to this Part

This Part contains Divisions that extend some National Employment Standards entitlements to non-national system employees. Division 2 extends the entitlements to unpaid parental leave, and related…

Section 742 — Meanings of employee and employer

In this Part, employee and employer have their ordinary meanings.

Section 743 — Object of this Division

The object of this Division is to give effect, or further effect, to: (a) the ILO Convention (No. 156) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with…

Section 744 — Extending the entitlement to unpaid parental leave and related entitlements

Extension of Division 5 of Part 2-2 and related provisions (1) The provisions of Division 5 of Part 2-2, and the related provisions identified in subsection (2), apply in relation to a non-national…

Section 745 — Contravening the extended parental leave provisions

A non-national system employer must not contravene the extended parental leave provisions. Note: This section is a civil remedy provision (see Part 4-1).

Section 746 — References to the National Employment Standards include extended parental leave provisions

A reference in this Act, or another law of the Commonwealth, to the National Employment Standards includes a reference to the extended parental leave provisions.

Section 747 — State and Territory laws that are not excluded

This Act is not intended to apply to the exclusion of laws of a State or Territory that provide employee entitlements in relation to the birth or adoption of children, to the extent that those laws:…

Section 748 — Non-national system employees are not award/agreement free employees

A non-national system employee is not an award/agreement free employee for the purpose of the extended parental leave provisions.

Section 749 — Modification of meaning of base rate of pay for pieceworkers

Section 16 has effect as if the following paragraph were added at the end of subsection 16(2): (d) the employee is a non-national system employee, and the regulations prescribe, or provide for the…

Section 750 — Modification of meaning of full rate of pay for pieceworkers

Section 18 has effect as if the following paragraph were added at the end of subsection 18(2): (d) the employee is a non-national system employee, and the regulations prescribe, or provide for the…

Section 751 — Modification of meaning of ordinary hours of work—if determined by State industrial instrument

Section 20 has effect as if the following subsection were inserted before subsection 20(1): (1A) If a State industrial instrument applies to a non-national system employee and specifies, or provides…

Section 752 — Modification of meaning of ordinary hours of work—if not determined by State industrial instrument

Section 20 has effect as if references in subsections 20(1), (2) and (3) to an award/agreement free employee also included references to a non-national system employee to whom either of the following…

Section 753 — Modification of meaning of ordinary hours of work—regulations may prescribe usual weekly hours

Section 20 has effect as if the following subsection were added at the end: (5) For a non-national system employee: (a) who is not a full-time employee; and (b) who does not have usual weekly hours…

Section 754 — Modification of meaning of pieceworker

Section 21 has effect as if the following paragraph were added at the end of subsection 21(1): (d) a non-national system employee who is in a class of employees prescribed by the regulations as…

Section 755 — Modification of provision about interaction with paid leave

Section 79 applies as if subsections 79(2) and (3) were omitted.

Section 756 — Modification of provision about relationship between National Employment Standards and agreements

Section 128 has effect as if references to an award/agreement free employee also included references to a non-national system employee.

Section 757 — Modification of power to make regulations

Section 129 has effect as if the following subsection were added at the end: (2) The regulations may: (a) permit non-national system employers and non-national system employees to agree on matters…

Section 757A — Object of this Division

The object of this Division is to give effect, or further effect, to: (a) paragraph (f) of Article 10 of the ILO Convention (No. 190) concerning Violence and Harassment, done at Geneva on 21 June…

Section 757BA — Employer obligations in relation to pay slips

If an employer gives a person a pay slip relating to paid leave to which the person is entitled because of section 757B, the employer: (a) must not include on the pay slip any information prescribed…

Section 757B — Extending the entitlement to paid family and domestic violence leave

Extension to non-national system employees (1) The provisions of Subdivision CA of Division 7 of Part 2-2, and the related provisions identified in subsection (3), apply in relation to a non-national…

Section 757C — Contravening the extended paid family and domestic violence leave provisions

An employer must not contravene the extended paid family and domestic violence leave provisions. Note: This section is a civil remedy provision (see Part 4-1).

Section 757D — References to the National Employment Standards include extended paid family and domestic violence leave provisions

A reference in this Act, or another law of the Commonwealth, to the National Employment Standards includes a reference to the extended paid family and domestic violence leave provisions.