Fair Work Act 2009

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

Section 106D — Operation of paid family and domestic violence leave and leave for victims of crime

(1) This Subdivision does not exclude or limit the operation of a law of a State or Territory to the extent that it provides for leave for victims of crime. Note: Leave for victims of crime is a…

Section 106E — Entitlement to days of leave

What constitutes a day of leave for the purposes of this Subdivision is taken to be the same as what constitutes a day of leave for the purposes of sections 72A and 85 and Subdivisions B and C.

Section 107 — Notice and evidence requirements

Notice (1) An employee must give his or her employer notice of the taking of leave under this Division by the employee. (2) The notice: (a) must be given to the employer as soon as practicable (which…

Section 108 — Entitlement to be absent from employment for engaging in eligible community service activity

An employee who engages in an eligible community service activity is entitled to be absent from his or her employment for a period if: (a) the period consists of one or more of the following: (i)…

Section 109 — Meaning of eligible community service activity

General (1) Each of the following is an eligible community service activity: (a) jury service (including attendance for jury selection) that is required by or under a law of the Commonwealth, a State…

Section 110 — Notice and evidence requirements

Notice (1) An employee who wants an absence from his or her employment to be covered by this Division must give his or her employer notice of the absence. (2) The notice: (a) must be given to the…

Section 111 — Payment to employees (other than casuals) on jury service

Application of this section (1) This section applies if: (a) in accordance with this Division, an employee is absent from his or her employment for a period because of jury service; and (b) the…

Section 111A — Definitions

In this Division: commencement means the commencement of Part 8 of Schedule 1 to the amending Act.

Section 111B — Application of section 149F of the amended Act

(1) Section 149F (right to disconnect term) of the amended Act applies in relation to a modern award that is in operation on or after commencement, whether or not the award was made before…

Section 111C — FWC to vary certain modern awards

(1) This clause applies in relation to a modern award if the award: (a) is made before commencement; and (b) is to be in operation on commencement. (2) The FWC must, by the day before commencement,…

Section 111D — Application of amendments to small business employers

The amendments made by Part 8 of Schedule 1 to the amending Act do not apply in relation to an employer that is a small business employer on the day of commencement, or an employee of the employer,…

Section 112 — State and Territory laws that are not excluded

(1) This Act is not intended to apply to the exclusion of laws of a State or Territory that provide employee entitlements in relation to engaging in eligible community service activities, to the…

Section 113 — Entitlement to long service leave

Entitlement in accordance with applicable award-derived long service leave terms (1) If there are applicable award-derived long service leave terms (see subsection (3)) in relation to an employee,…

Section 113A — Enterprise agreements may contain terms discounting service under prior agreements etc. in certain circumstances

(1) This section applies if: (a) an instrument (the first instrument) of one of the following kinds that came into operation before the commencement of this Part applies to an employee on or after…

Section 114 — Entitlement to be absent from employment on public holiday

Employee entitled to be absent on public holiday (1) An employee is entitled to be absent from his or her employment on a day or part-day that is a public holiday in the place where the employee is…

Section 115 — Meaning of public holiday

The public holidays (1) The following are public holidays: (a) each of these days: (i) 1 January (New Year’s Day); (ii) 26 January (Australia Day); (iii) Good Friday; (iv) Easter Monday; (v) 25 April…

Section 116 — Relationships in existence as at commencement or entered into on or after commencement

(1) Subject to this Schedule and sections 15AB to 15AD of the amended Act, section 15AA of the amended Act applies on and after commencement to the following: (a) a relationship between an individual…

Section 116A — Division does not apply to certain employees or employers in referring States

This Division does not apply in relation to: (a) an employee who is a national system employee only because of section 30C or 30M (which extend the meaning of national system employee); or (b) an…

Section 116B — Employer’s obligation to make superannuation contributions

An employer must make contributions to a superannuation fund for the benefit of an employee so as to avoid liability to pay superannuation guarantee charge under the Superannuation Guarantee Charge…

Section 116C — Reduction of employer’s liability to the extent of superannuation charge payments

The obligation to make contributions for an employee under section 116B does not apply to an employer to the extent that: (a) the employer has made a charge payment (within the meaning of section 63A…

Section 116D — Preventing multiple actions

Scope (1) This section applies if: (a) an employer has contravened, or allegedly contravened, a civil remedy provision that relates to a contravention of this Division; and (b) the contravention, or…

Section 116E — Orders for compensation

(1) This section applies if a court makes an order under section 545 awarding compensation to an employee for a contravention of a civil remedy provision that relates to a contravention of this…

Section 117 — Requirement for notice of termination or payment in lieu

Notice specifying day of termination (1) An employer must not terminate an employee’s employment unless the employer has given the employee written notice of the day of the termination (which cannot…

Section 118 — Entitlements determined by reference to length of a period of employment etc.

(1) This clause applies if: (a) immediately before commencement, an individual was not an employee of a person within the ordinary meaning of that expression; and (b) because of the operation of…

Section 119 — Redundancy pay

Entitlement to redundancy pay (1) An employee is entitled to be paid redundancy pay by the employer if the employee’s employment is terminated: (a) at the employer’s initiative because the employer…

Section 120 — FWC power to deal with uncertainties or difficulties arising from the operation of section 15AA of the amended Act

(1) The FWC may make a determination varying a fair work instrument in order to resolve an uncertainty or difficulty relating to the operation or effect of the fair work instrument, being an…

Section 121 — Exclusions from obligation to pay redundancy pay

(1) Section 119 does not apply to the termination of an employee’s employment if, immediately before the time of the termination, or at the time when the person was given notice of the termination as…

Section 122 — Transfer of employment situations that affect the obligation to pay redundancy pay

Transfer of employment situation in which employer may decide not to recognise employee’s service with first employer (1) Subsection 22(5) does not apply (for the purpose of this Subdivision) to a…

Section 123 — Limits on scope of this Division

Employees not covered by this Division (1) This Division does not apply to any of the following employees: (a) an employee employed for a specified period of time, for a specified task, or for the…

Section 124 — Fair Work Ombudsman to prepare and publish Fair Work Information Statement

(1) The Fair Work Ombudsman must prepare a Fair Work Information Statement. The Fair Work Ombudsman must publish the Statement in the Gazette. Note: If the Fair Work Ombudsman changes the Statement,…

Section 125 — Giving new employees the Fair Work Information Statement

(1) An employer must give each employee the Fair Work Information Statement before, or as soon as practicable after, the employee starts employment. (2) Subsection (1) does not require the employer…

Section 125A — Fair Work Ombudsman to prepare and publish Casual Employment Information Statement

(1) The Fair Work Ombudsman must prepare a Casual Employment Information Statement. The Fair Work Ombudsman must publish the Statement in the Gazette. Note: If the Fair Work Ombudsman changes the…

Section 125B — Giving employees the Casual Employment Information Statement

(1) An employer must give a casual employee the Casual Employment Information Statement: (a) before, or as soon as practicable after, the employee starts employment as a casual employee with the…

Section 126 — Modern awards and enterprise agreements may provide for school-based apprentices and trainees to be paid loadings in lieu

A modern award or enterprise agreement may provide for school-based apprentices or school-based trainees to be paid loadings in lieu of any of the following: (a) paid annual leave; (b) paid…

Section 127 — Regulations about what modern awards and enterprise agreements can do

The regulations may: (a) permit modern awards or enterprise agreements or both to include terms that would or might otherwise be contrary to this Part or section 55 (which deals with the interaction…

Section 128 — Relationship between National Employment Standards and agreements etc. permitted by this Part for award/agreement free employees

The National Employment Standards have effect subject to: (a) an agreement between an employer and an award/agreement free employee or a requirement made by an employer of an award/agreement free…