Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 768BW — Application of this Act to take-home pay orders
This Act applies as if the following provisions included a reference to a take-home pay order: (a) subsection 675(2) (which is about FWC orders); (b) subsection 706(2) (which is about powers of…
Section 768AX — Variation of copied State instruments
Application of this section (1A) This section applies if there is, or is likely to be, a transfer of business. Variations that may be made (1) The FWC may vary a copied State instrument for a…
Section 768BX — Modification of this Act for copied State instruments
This Act has effect in relation to a transferring employee on and after the employee’s re-employment time as if a reference in a provision referred to in column 1 to a term referred to in column 2…
Section 768AY — Termination in limited circumstances
(1) A copied State instrument for a transferring employee cannot be terminated except under items 22, 23, 24, 25 and 26 of Schedule 3A to the Transitional Act (which deal with termination of State…
Section 768BY — Modification of the Transitional Act for copied State instruments
(1) Each relevant transitional provision (see subsection (2)) has effect in relation to a transferring employee as if a reference to a term referred to in column 1 were a reference to the term…
Section 768AZ — What this Division is about
This Division allows the FWC to make an order that a copied State instrument for a transferring employee does not, or will not, cover the employee and that an enterprise agreement or named employer…
Section 768BZ — Modification of the Registered Organisations Act for copied State instruments
(1) The Registered Organisations Act has effect in relation to a transferring employee on and after the employee’s termination time as if: (a) a reference in that Act to a modern award included a…
Section 769 — Guide to this Part
This Part contains provisions to give effect, or further effect, to certain international agreements relating to discrimination and termination of employment. Division 2 makes it unlawful for an…
Section 770 — Meanings of employee and employer
In this Part, employee and employer have their ordinary meanings.
Section 771 — Object of this Division
The object of this Division is to give effect, or further effect, to: (a) the ILO Convention (No. 111) concerning Discrimination in respect of Employment and Occupation, done at Geneva on 25 June…
Section 772 — Employment not to be terminated on certain grounds
(1) An employer must not terminate an employee’s employment for one or more of the following reasons, or for reasons including one or more of the following reasons: (a) temporary absence from work…
Section 773 — Application for the FWC to deal with a dispute
If: (a) an employer has terminated an employee’s employment; and (b) the employee, or an industrial association that is entitled to represent the industrial interests of the employee, alleges that…
Section 774 — Time for application
(1) An application under section 773 must be made: (a) within 21 days after the employment was terminated; or (b) within such further period as the FWC allows under subsection (2). (2) The FWC may…
Section 775 — Application fees
(1) The application must be accompanied by any fee prescribed by the regulations. (2) The regulations may prescribe: (a) a fee for making an application to the FWC under section 773; and (b) a method…
Section 776 — Dealing with a dispute (other than by arbitration)
(1) If an application is made under section 773, the FWC must deal with the dispute (other than by arbitration). Note: The FWC may deal with a dispute by mediation or conciliation, or by making a…
Section 777 — Dealing with a dispute by arbitration
(1) This section applies if: (a) the FWC issues a certificate under paragraph 776(3)(a) in relation to the dispute; and (b) the parties notify the FWC that they agree to the FWC arbitrating the…
Section 778 — Taking a dispute to court
A person who is entitled to apply under section 773 for the FWC to deal with a dispute must not make an unlawful termination court application in relation to the dispute unless: (a) both of the…
Section 779 — Appeal rights
(1) Despite subsection 604(2), the FWC must not grant permission to appeal from a decision made by the FWC under subsection 777(2) (which is about arbitration of a dispute) unless the FWC considers…
Section 779A — Costs orders against parties
(1) The FWC may make an order for costs against a party (the first party) to a dispute for costs incurred by the other party to the dispute if: (a) an application for the FWC to deal with the dispute…
Section 780 — Costs orders against lawyers and paid agents
(1) This section applies if: (a) an application for the FWC to deal with a dispute has been made under section 773; and (b) a person who is a party to the dispute has engaged a lawyer or paid agent…
Section 781 — Applications for costs orders
An application for an order for costs in relation to an application under section 773 must be made within 14 days after the FWC finishes dealing with the dispute.
Section 781A — Schedule of costs
(1) A schedule of costs may be prescribed in relation to items of expenditure likely to be incurred in relation to matters that can be covered by an order under section 611, 779A or 780 in relation…
Section 782 — Contravening costs orders
A person to whom an order for costs made under section 779A or 780 applies must not contravene a term of the order. Note: This section is a civil remedy provision (see Part 4-1).
Section 783 — Reason for action to be presumed unless proved otherwise
(1) If: (a) in an application in relation to a contravention of subsection 772(1), it is alleged that a person took, or is taking, action for a particular reason; and (b) taking that action for that…
Section 784 — Object of this Division
The object of this Division is to give effect, or further effect, to: (a) the ILO Convention (No. 158) concerning Termination of Employment at the Initiative of the Employer, done at Geneva on 22…
Section 785 — Employer to notify Centrelink of certain proposed terminations
(1) If an employer decides to terminate the employment of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons, the…
Section 786 — FWC may make orders where failure to notify or consult registered employee associations about terminations
(1) The FWC may make an order under subsection 787(1) if it is satisfied that: (a) an employer has decided to terminate the employment of 15 or more employees for reasons of an economic,…
Section 787 — Orders that the FWC may make
(1) The FWC may make whatever orders it considers appropriate, in the public interest, to put: (a) the employees; and (b) each registered employee association referred to in paragraph 786(2)(a) or…
Section 788 — Application to the FWC for order
The FWC may make the order only on application by: (a) one of the employees; or (b) a registered employee association referred to in paragraph 786(2)(a) or (3)(a); or (c) any other registered…
Section 789 — Limits on scope of this Division
(1) This Division does not apply in relation to any of the following employees: (a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified…
Section 789AA — Guide to this Part
This Part contains special provisions about TCF outworkers. Division 2 provides for TCF contract outworkers to be taken to be employees in certain circumstances for the purposes of most of the…
Section 789BA — Provisions covered by this Division
(1) This Division covers the provisions of this Act, other than the following provisions (and other than regulations made for the purposes of the following provisions): (a) Division 1, and this…
Section 789CA — When this Division applies
Outworker not paid for TCF work in certain circumstances (1) This Division applies if: (a) a TCF outworker performs TCF work for a person (the responsible person): (i) as an employee of the…
Section 789DA — Regulations may provide for a code
For the purpose of furthering the objects of this Part, the regulations may prescribe a code (the TCF outwork code) dealing with standards of conduct and practice to be complied with in relation to…
Section 789EA — Part not intended to exclude or limit State or Territory laws relating to outworkers
(1) This Part is not intended to exclude or limit the operation of a law of a State or Territory (or an instrument made under a law of a State or Territory), to the extent that the law (or…
Section 789FA — Guide to this Part
This Part allows a worker who has been bullied at work to apply to the FWC for an order to stop the bullying.
Section 789GCA — When employer qualifies for the jobkeeper scheme
For the purposes of this Part, an employer qualifies for the jobkeeper scheme at a time if, under the jobkeeper payment rules, the employer qualifies for the jobkeeper scheme for the fortnight in…
Section 789GXA — Misuse of jobkeeper enabling direction
An employer must not purport to give a jobkeeper enabling direction if: (a) the direction is not authorised by this Part; and (b) the employer knows that the direction is not authorised by this Part.…
Section 789GZA — Redundancy
The giving of a jobkeeper enabling direction does not amount to a redundancy.
Section 789HA — Constitutional basis of this Division
This Division relies on the Commonwealth’s legislative powers under paragraph 51(xxix) (external affairs) of the Constitution as it relates to giving effect to Australia’s obligations under: (a) the…
Section 789AB — Meanings of employee and employer
In this Part, employee and employer have their ordinary meanings.
Section 789BB — TCF contract outworkers taken to be employees in certain circumstances
(1) For the purposes of the provisions covered by this Division: (a) a TCF contract outworker is taken to be an employee (within the ordinary meaning of that expression), and to be a national system…
Section 789CB — Liability of indirectly responsible entity for unpaid amount
(1) Each indirectly responsible entity (or the indirectly responsible entity, if there is only one) is liable to pay the unpaid amount. (3) If there are 2 or more indirectly responsible entities,…
Section 789DB — Matters that may be dealt with in TCF outwork code
(1) The matters that may be dealt with in the TCF outwork code include (but are not limited to) the following: (a) record keeping requirements; (b) reporting on compliance with record keeping…
Section 789FB — Meanings of employee and employer
In this Part, employee and employer have their ordinary meanings.
Section 789GCB — 10% decline in turnover test
(1) For the purposes of this Part, an employer satisfies the 10% decline in turnover test for a quarter if the employer would satisfy the decline in turnover test at a time in the quarter if: (a) the…
Section 789GXB — 10% decline in turnover test—prohibited conduct
(1) An employer must not purport to give a jobkeeper enabling direction under section 789GJA, 789GJB or 789GJC if, at the time when the direction was given: (a) the employer did not satisfy the 10%…
Section 789GZB — Review of this Part
(1) The Minister must cause an independent review to be conducted of the operation of this Part. (2) The review must start on or before: (a) 28 July 2020; or (b) if a later day is specified in the…
Section 789HB — Extension of anti-discrimination rules
(1) Subsection (3) applies for the purposes of the operation of the provisions identified in subsection (2) in relation to breastfeeding, gender identity or intersex status. (2) The provisions are as…
Section 789AC — Objects of this Part
The objects of this Part are to eliminate exploitation of outworkers in the textile, clothing and footwear industry, and to ensure that those outworkers are employed or engaged under secure, safe and…