Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 767 — 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 768 — 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 768AA — Guide to this Part
This Part provides for the transfer of certain terms and conditions of employment when there is a transfer of business from a non-national system employer that is a State public sector employer…
Section 768AZA — Orders in relation to a transfer of business
(1) This Division provides for orders to be made if there is, or is likely to be, a transfer of business. (2) An order may be made under this Division in relation to a copied State instrument of a…
Section 768BA — FWC orders about coverage for transferring employees
Orders that the FWC may make (1) The FWC may make the following orders: (a) an order that a copied State instrument for a transferring employee that would, or would be likely to, cover the…
Section 768BCA — Orders in relation to a transfer of business
(1) This Division provides for orders to be made if there is, or is likely to be, a transfer of business. (2) An order may be made under this Division in relation to a copied State instrument of a…
Section 768CA — Regulations
(1) The regulations may: (a) make provision in relation to the transition from State awards and State employment agreements to copied State instruments; and (b) make provision in relation to the…
Section 768AB — Meanings of employee and employer
In this Part, employee and employer have their ordinary meanings.
Section 768BB — FWC orders about coverage for employee organisations
(1) The FWC may make an order that: (a) a copied State instrument for a transferring employee that would, or would be likely to, cover an employee organisation (the first employee organisation) in…
Section 768AC — What this Division is about
This Division sets out when there is a transfer of business from the old State employer to the new employer.
Section 768BC — What this Division is about
This Division allows the FWC to consolidate the various workplace instruments that may apply in the new employer’s workplace. It achieves this by allowing the FWC to make an order that a copied State…
Section 768AD — When does a transfer of business occur?
When there is a transfer of business (1) There is a transfer of business from a non-national system employer that is a State public sector employer of a State (the old State employer) to a national…
Section 768BD — Consolidation orders in relation to transferring employees
Consolidation order (1) The FWC may make an order (a consolidation order) that a copied State instrument for a transferring employee (employee A) is also a copied State instrument for one or more…
Section 768AE — Meaning of transferring employee, termination time and re-employment time
(1) The person referred to in paragraph 768AD(1)(a) is a transferring employee in relation to the transfer of business. (2) The termination time of a transferring employee is the start of the day the…
Section 768BE — Consolidation order to deal with application and coverage
(1) A consolidation order under subsection 768BD(1) must specify when the copied State instrument for employee A applies to, and covers: (a) another transferring employee; and (b) the new employer in…
Section 768AF — What this Division is about
If there is a transfer of business, then this Division provides for certain terms and conditions of a transferring employee’s employment with the old State employer to be transferred to the…
Section 768BF — Effect of this Act after a consolidation order is made
If the FWC makes a consolidation order under subsection 768BD(1), then this Act has effect in relation to a particular transferring employee (other than employee A), from the time the order comes…
Section 768AG — Contravening a copied State instrument
A person must not contravene a term of a copied State instrument for a transferring employee that applies to the person. Note 1: This section is a civil remedy provision (see Part 4-1). Note 2: For…
Section 768BG — Consolidation orders in relation to non-transferring employees
Consolidation order (1) The FWC may make an order (a consolidation order) that a copied State instrument for a transferring employee (employee A) also is, or will be, a copied State instrument for…
Section 768AH — What is a copied State instrument?
A copied State instrument for a transferring employee is the following: (a) a copied State award for the employee; (b) a copied State employment agreement for the employee.
Section 768BH — Consolidation order to deal with application and coverage
(1) A consolidation order under subsection 768BG(1) must specify when the copied State instrument for employee A applies to, and covers: (a) a non-transferring employee; and (b) the new employer in…
Section 768AI — What is a copied State award?
(1) If, immediately before the termination time of a transferring employee: (a) a State award (the original State award) was in operation under the State industrial law of the State; and (b) the…
Section 768BI — Effect of this Act after a consolidation order is made
If the FWC makes a consolidation order under subsection 768BG(1), then this Act has effect in relation to a particular non-transferring employee, from the time the order comes into operation in…
Section 768AJ — What is a State award?
(1) A State award is an instrument in relation to which the following conditions are satisfied: (a) the instrument regulates terms and conditions of employment; (b) the instrument was made under a…
Section 768BJ — What this Division is about
This Division has a collection of special rules for copied State instruments for transferring employees. Subdivision B deals with the case where a copied State instrument for a transferring employee…
Section 768AK — What is a copied State employment agreement?
(1) If, immediately before the termination time of a transferring employee: (a) a State employment agreement (the original State agreement) was in operation under a State industrial law of the State;…
Section 768BK — Where no term dealing with disputes
Model term required (1) If a copied State instrument for a transferring employee does not include a term that provides a procedure for settling disputes about matters arising under the instrument,…
Section 768AL — What is a State employment agreement?
(1) A State employment agreement is: (a) an agreement in relation to which the following conditions are satisfied: (i) the agreement is between a non-national system employer and one or more of the…
Section 768BL — Service for the purposes of this Act
General rule (1) Service of a transferring employee with the old State employer that occurred before the employee’s termination time also counts as service of the employee with the new employer for…
Section 768AM — When does a copied State instrument apply to a person?
Transferring employee and organisations (1) A copied State instrument for a transferring employee applies to the transferring employee or an organisation if: (a) the instrument covers the employee or…
Section 768BM — NES—working out non-accruing entitlements
Application of this section (1) This section applies for the purposes of determining the entitlements of a transferring employee under the National Employment Standards, other than entitlements to:…
Section 768AN — When does a copied State instrument cover a person?
Transferring employee and new employer (1) A copied State instrument for a transferring employee covers the employee and the new employer in relation to the transferring work from the employee’s…
Section 768BN — NES—working out accruing entitlements
Application of this section (1) This section applies for the purposes of determining the entitlements of a transferring employee under the National Employment Standards to: (a) paid annual leave; or…
Section 768AO — When is a copied State instrument in operation?
When instrument comes into operation (1) A copied State instrument for a transferring employee comes into operation immediately after the employee’s termination time. When copied State award ceases…
Section 768BO — Copied State instrument—service
General rule (1) Service of a transferring employee with the old State employer that: (a) occurred before the employee’s termination time; and (b) counted for the purposes of the application to the…
Section 768AP — What this Division is about
This Division provides for how copied State instruments interact with the National Employment Standards, modern awards and enterprise agreements.
Section 768BP — Copied State instrument—working out non-accruing entitlements
Application of this section (1) This section applies for the purposes of determining the entitlements of a transferring employee under a copied State instrument for the employee, other than…
Section 768AQ — Interaction between the NES and a copied State instrument
To the extent that a term of a copied State instrument for a transferring employee is detrimental to the employee, in any respect, when compared to an entitlement of the employee under the National…
Section 768BQ — Copied State instrument—working out accruing entitlements
Application of this section (1) This section applies for the purposes of determining the entitlements of a transferring employee under the copied State instrument for the employee to: (a) annual…
Section 768AR — Provisions of the NES that allow instruments to contain particular kinds of terms
Application of particular provisions of the NES (1) The following provisions have effect, on and after the re-employment time of a transferring employee, as if a reference to a modern award or an…
Section 768BR — Cessation not intended to result in reduction in take-home pay
(1) If a copied State award for a transferring employee ceases to operate because of subsection 768AO(2), the cessation is not intended to result in a reduction in the take-home pay of the employee.…
Section 768AS — Modern awards and copied State awards
(1) While a copied State award for a transferring employee: (a) covers the employee, or an employer (whether the new employer or another national system employer) or other person in relation to the…
Section 768BS — Orders remedying reductions in take-home pay
(1) If the FWC is satisfied that a transferring employee to whom a modern award applies has suffered a reduction in take-home pay, the FWC may make any order (a take-home pay order) requiring, or…
Section 768AT — Modern awards and copied State employment agreements
Copied State collective employment agreements (1) If a copied State collective employment agreement for a transferring employee and a modern award both apply: (a) to the employee; or (b) to an…
Section 768BT — Contravening a take-home pay order
A person must not contravene a term of a take-home pay order that applies to the person. Note: This section is a civil remedy provision (see Part 4-1).
Section 768AU — Enterprise agreements and copied State instruments
(1) While a copied State instrument for a transferring employee covers the employee and the new employer in relation to the transferring work, an enterprise agreement that covers the new employer at…
Section 768BU — How long a take-home pay order continues to apply
A take-home pay order made in relation to a transferring employee to whom a particular modern award applies continues to apply in relation to the employee (subject to the terms of the order) for so…
Section 768AV — What this Division is about
This Division sets out when a copied State instrument may be varied or terminated.
Section 768BV — Interaction of take-home pay orders with modern awards and enterprise agreements
A term of a modern award or an enterprise agreement has no effect in relation to a transferring employee to the extent that it is less beneficial to the employee than a term of a take-home pay order…
Section 768AW — Variation in limited circumstances
A copied State instrument for a transferring employee cannot be varied except under: (a) section 768AX; or (b) item 20 of Schedule 3A to the Transitional Act (which deals with variation of…