Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 789BC — Regulations relating to TCF outworkers who are taken to be employees
(1) For the purpose of furthering the objective stated in subsection 789BB(4), the regulations may do either or both of the following in relation to TCF outworkers (deemed employees) who are taken by…
Section 789CC — Demand for payment from an apparent indirectly responsible entity
(1) The TCF outworker, or a person acting on behalf of the outworker, may give an apparent indirectly responsible entity a written demand for payment of the amount that the outworker reasonably…
Section 789DC — Persons on whom obligations may be imposed by TCF outwork code
(1) The TCF outwork code may only impose obligations on a person if one or more of subsections (2) to (5) applies to the person. Note: See also subsection (6), which limits the matters in relation to…
Section 789FC — Application for an FWC order to stop bullying
(1) A worker who reasonably believes that he or she has been bullied at work may apply to the FWC for an order under section 789FF. (2) For the purposes of this Part, worker has the same meaning as…
Section 789GC — Definitions
In this Part: 10% decline in turnover certificate has the meaning given by section 789GCD. 10% decline in turnover test means the test set out in section 789GCB. current GST turnover has the same…
Section 789GCC — Designated quarter
For the purposes of this Part, the designated quarter applicable to a time is set out in the table. Designated quarter applicable to a time Item If the time occurs: the designated quarter applicable…
Section 789GXC — False statutory declaration
(1) A person must not make a false statement in a statutory declaration covered by subsection 789GCD(3) if the person knows that the statement is false. Note: This subsection is a civil remedy…
Section 789GZC — Establishment
The National Construction Industry Forum is established by this section.
Section 789HC — 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 789CD — Court order for entity to pay amount demanded
(1) If: (a) in accordance with section 789CC, an apparent indirectly responsible entity has been given a demand for payment of a specified amount; and (b) the amount has not been paid in full by the…
Section 789DD — Other general matters relating to content of TCF outwork code
(1) The TCF outwork code may be expressed to apply in relation to: (a) all persons covered by section 789DC, or specified classes of those persons; and (b) all TCF work, or specified classes of TCF…
Section 789FD — When is a worker bullied at work?
(1) A worker is bullied at work if: (a) while the worker is at work in a constitutionally-covered business: (i) an individual; or (ii) a group of individuals; repeatedly behaves unreasonably towards…
Section 789GCD — 10% decline in turnover certificate
(1) An eligible financial service provider may issue a written certificate that: (a) relates to a specified employer; and (b) confirms that the employer satisfied the 10% decline in turnover test for…
Section 789GXD — Federal Court may terminate a jobkeeper enabling direction if employer does not satisfy the 10% decline in turnover test
If: (a) a jobkeeper enabling direction given by an employer to an employee of the employer under section 789GJA, 789GJB or 789GJC is in force at a particular time; and (b) the Federal Court is…
Section 789GZD — Function of the Forum
(1) The function of the National Construction Industry Forum is to provide advice to the Government in relation to work in the building and construction industry. (2) The matters in relation to which…
Section 789HD — 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 family and domestic violence. (2) The provisions are as follows: (a) section…
Section 789CE — Effect of payment by entity (including entity’s right to recover from responsible person)
(1) This section applies if an entity pays an amount in discharge of a liability of the entity under section 789CB, or pursuant to an order under section 789CD. (1A) The payment discharges the…
Section 789DE — Relationship between the TCF outwork code and other instruments
(1) A TCF award prevails over the TCF outwork code, to the extent of any inconsistency. (2) The TCF outwork code prevails over any of the following, to the extent of any inconsistency: (a) an…
Section 789FE — FWC to deal with applications promptly
(1) The FWC must start to deal with an application under section 789FC within 14 days after the application is made. Note: For example, the FWC may start to inform itself of the matter under section…
Section 789GXE — Federal Court may terminate a subsection 789GJD(2) agreement if employer does not satisfy the 10% decline in turnover test
If: (a) an agreement made by an employer and an employee of the employer under subsection 789GJD(2) is in force at a particular time; and (b) the Federal Court is satisfied that the employer did not…
Section 789GZE — Membership
(1) The members of the National Construction Industry Forum are: (a) the Minister; and (b) the Infrastructure Minister; and (c) the Industry Minister; and (d) the members appointed by the Minister.…
Section 789CF — Division does not limit other liabilities or rights
Nothing in this Division limits any other liability or right in respect of the entitlement of the TCF outworker to the unpaid amount (or to have the unpaid amount paid to another person for the…
Section 789FF — FWC may make orders to stop bullying
(1) If: (a) a worker has made an application under section 789FC; and (b) the FWC is satisfied that: (i) the worker has been bullied at work by an individual or a group of individuals; and (ii) there…
Section 789GZF — Appointment by the Minister
A member of the National Construction Industry Forum appointed by the Minister: (a) is to be appointed by written instrument; and (b) holds office: (i) on a part-time basis; and (ii) for the period…
Section 789FG — Contravening an order to stop bullying
A person to whom an order under section 789FF applies must not contravene a term of the order. Note: This section is a civil remedy provision (see Part 4-1).
Section 789GZG — Chair of the Forum
(1) The Minister is the Chair of the National Construction Industry Forum. (2) If the Minister is unable to preside at a meeting, or considers it appropriate for any other reason, the Minister may…
Section 789FH — Actions under work health and safety laws permitted
Section 115 of the Work Health and Safety Act 2011 and corresponding provisions of corresponding WHS laws (within the meaning of that Act) do not apply in relation to an application under section…
Section 789GZH — Meetings
(1) The Chair of the National Construction Industry Forum must convene at least 2 meetings of the Forum in each calendar year. (2) One meeting must be held in the first 6 months of the year and…
Section 789FI — This Part is not to prejudice Australia’s defence, national security etc.
Nothing in this Part requires or permits a person to take, or to refrain from taking, any action if the taking of the action, or the refraining from taking the action, would be, or could reasonably…
Section 789FJ — Declarations by the Chief of the Defence Force
(1) Without limiting section 789FI, the Chief of the Defence Force may, by legislative instrument, declare that all or specified provisions of this Part do not apply in relation to a specified…
Section 789GZJ — Confidentiality
(1) The views expressed at meetings of the National Construction Industry Forum are to be kept confidential. (2) However, this does not prevent members from: (a) reporting to the persons, bodies or…
Section 789FK — Declarations by the Director-General of Security
(1) Without limiting section 789FI, the Director-General of Security may, by legislative instrument, declare that all or specified provisions of this Part do not apply in relation to a person…
Section 789GZK — Substitute members
(1) If a member of the National Construction Industry Forum is unable to be present at a meeting, the member may nominate a person to attend the meeting in the member’s place. (2) If the Chair…
Section 789FL — Declarations by the Director-General of ASIS
(1) Without limiting section 789FI, the Director-General of the Australian Secret Intelligence Service may, by legislative instrument, declare that all or specified provisions of this Part do not…
Section 789GZL — Invited participants
(1) The Chair may, after consulting the members of the National Construction Industry Forum, invite a person, body or organisation to participate in a meeting. (2) The Chair may terminate the…
Section 789GZM — Remuneration
(1) A member of the National Construction Industry Forum is not entitled to be paid remuneration or allowances, other than travel allowance in accordance with subsection (2). (2) A member who is not…
Section 789GZN — Resignation
(1) A member of the National Construction Industry Forum appointed by the Minister may resign the member’s appointment by giving the Minister a written resignation. (2) The resignation takes effect…
Section 789GZP — Disclosure of interests
(1) A member of the National Construction Industry Forum who has a material personal interest that relates to a matter being considered by the Forum must disclose the interest to the Chair. (2) The…
Section 789GZQ — Termination of appointment
The Minister may terminate the appointment of a member of the National Construction Industry Forum appointed by the Minister: (a) for misbehaviour; or (b) if the member is unable to perform the…
Section 789GR — Service
(1) For the purposes of this Act, if an employee is subject to a jobkeeper enabling direction during a period, that period counts as service. (2) Subsection (1) has effect in addition to section 22.
Section 789GS — Accrual rules
(1) If a jobkeeper enabling direction under repealed section 789GDC or 789GJA (jobkeeper enabling stand down) applies to an employee, the employee accrues leave entitlements as if the direction had…
Section 789GV — FWC may deal with a dispute about the operation of this Part
(1) The FWC may deal with a dispute about the operation of this Part. (2) The FWC may deal with a dispute by arbitration. Note: The FWC may also deal with a dispute by mediation or conciliation, or…
Section 789GW — Contravening an FWC order dealing with a dispute about the operation of this Part
A person must not contravene a term of an FWC order dealing with a dispute about the operation of this Part. Note: This section is a civil remedy provision (see Part 4-1).
Section 789GY — Protection of workplace rights
For the avoidance of doubt, each of the following is a workplace right within the meaning of Part 3-1: (a) the benefit that an employee of an employer has or derives because of an obligation of the…
Section 789GZ — Relationship with other laws etc.
(1) This Part will at all times operate subject to the following: (a) Division 2 of Part 2-9 (payment of wages etc.); (b) Part 3-1 (general protections); (c) Part 3-2 (unfair dismissal); (d) section…
Section 790 — Guide to this Part
This Part deals with miscellaneous matters such as delegations and regulations.
Section 791 — 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 792 — Delegation by Minister
(1) The Minister may, in writing, delegate all or any of his or her functions or powers under this Act (except under section 32A) to: (a) the Secretary of the Department; or (b) an SES employee, or…
Section 793 — Liability of bodies corporate
Conduct of a body corporate (1) Any conduct engaged in on behalf of a body corporate: (a) by an officer, employee or agent (an official) of the body within the scope of his or her actual or apparent…
Section 794 — Signature on behalf of body corporate
For the purposes of this Act, a document may be signed on behalf of a body corporate by an authorised officer of the body and need not be made under the body’s seal.