Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 141A — Terms permitting fixed term contracts
(1) A modern award may include terms that permit an employee to be employed under a contract of employment that includes a term that provides the contract will terminate at the end of an identifiable…
Section 142 — Incidental and machinery terms
Incidental terms (1) A modern award may include terms that are: (a) incidental to a term that is permitted or required to be in the modern award; and (b) essential for the purpose of making a…
Section 143 — Coverage terms of modern awards other than modern enterprise awards and State reference public sector modern awards
Coverage terms must be included (1) A modern award must include terms (coverage terms) setting out the employers, employees, organisations and outworker entities that are covered by the award, in…
Section 143A — Coverage terms of modern enterprise awards
Coverage terms must be included (1) A modern enterprise award must include terms (coverage terms) setting out, in accordance with this section: (a) the enterprise or enterprises to which the modern…
Section 143B — Coverage terms of State reference public sector modern awards
Coverage terms must be included (1) A State reference public sector modern award must include terms (coverage terms) setting out, in accordance with this section, the employers, employees and…
Section 144 — Flexibility terms
Flexibility terms must be included (1) A modern award must include a term (a flexibility term) enabling an employee and his or her employer to agree on an arrangement (an individual flexibility…
Section 145 — Effect of individual flexibility arrangement that does not meet requirements of flexibility term
Application of this section (1) This section applies if: (a) an employee and employer agree to an arrangement that purports to be an individual flexibility arrangement under a flexibility term in a…
Section 145A — Consultation about changes to rosters or hours of work
(1) Without limiting paragraph 139(1)(j), a modern award must include a term that: (a) requires the employer to consult employees about a change to their regular roster or ordinary hours of work; and…
Section 146 — Terms about settling disputes
Without limiting paragraph 139(1)(j), a modern award must include a term that provides a procedure for settling disputes: (a) about any matters arising under the award; and (b) in relation to the…
Section 147 — Ordinary hours of work
A modern award must include terms specifying, or providing for the determination of, the ordinary hours of work for each classification of employee covered by the award and each type of employment…
Section 148 — Base and full rates of pay for pieceworkers
If a modern award defines or describes employees covered by the award as pieceworkers, the award must include terms specifying, or providing for the determination of, base and full rates of pay for…
Section 149 — Automatic variation of allowances
If a modern award includes allowances that the FWC considers are of a kind that should be varied when wage rates in the award are varied, the award must include terms providing for the automatic…
Section 149B — Term requiring avoidance of liability to pay superannuation guarantee charge
(1) A modern award must include a term that requires an employer covered by the award to make contributions to a superannuation fund for the benefit of an employee covered by the award so as to avoid…
Section 149C — Default fund terms
(1) A modern award must include a default fund term that complies with section 149D. (2) A default fund term is a term of a modern award that requires, permits or prohibits an employer covered by the…
Section 149D — Default fund term must provide for contributions to be made to certain funds
Specified superannuation fund offering standard MySuper product (1) A default fund term of a modern award must require an employer covered by the award to make contributions, for the benefit of a…
Section 149E — Workplace delegates’ rights
A modern award must include a delegates’ rights term for workplace delegates covered by the award. Note: Delegates’ rights term is defined in section 12.
Section 149F — Right to disconnect
A modern award must include a right to disconnect term. Note: Right to disconnect term is defined in section 12.
Section 150 — Objectionable terms
A modern award must not include an objectionable term.
Section 151 — Terms about payments and deductions for benefit of employer etc.
A modern award must not include a term that has no effect because of: (a) subsection 326(1) (which deals with unreasonable deductions for the benefit of an employer); or (b) subsection 326(3) (which…
Section 152 — Terms about right of entry
A modern award must not include terms that require or authorise an official of an organisation to enter premises: (a) to hold discussions with, or interview, an employee; or (b) to inspect any work,…
Section 153 — Terms that are discriminatory
Discriminatory terms must not be included (1) A modern award must not include terms that discriminate against an employee because of, or for reasons including, the employee’s race, colour, sex,…
Section 154 — Terms that contain State-based differences
General rule—State-based difference terms must not be included (1) A modern award must not include terms and conditions of employment (State-based difference terms) that: (a) are determined by…
Section 155 — Terms dealing with long service leave
A modern award must not include terms dealing with long service leave.
Section 156A — 4 yearly reviews of default fund terms
Timing of 4 yearly reviews (1) The FWC must conduct a 4 yearly review of default fund terms of modern awards starting as soon as practicable after each 4th anniversary of the commencement of this…
Section 156B — Making the Default Superannuation List
(1) In the 4 yearly review, the FWC must make and publish the Default Superannuation List. (2) The Default Superannuation List must specify each standard MySuper product that the FWC has determined…
Section 156C — Applications to list a standard MySuper product
(1) Before making the Default Superannuation List, the FWC must publish a notice that invites superannuation funds that offer a standard MySuper product to apply to the FWC to have the product…
Section 156D — Submissions on applications to list a standard MySuper product
(1) The FWC must ensure that all persons and bodies have a reasonable opportunity to make written submissions to the FWC in relation to an application made under subsection 156C(3). (2) If: (a) a…
Section 156E — Determining applications to list a standard MySuper product
(1) If an application is made under subsection 156C(3) to have a standard MySuper product included on the Default Superannuation List, the FWC must make a determination about whether to include the…
Section 156F — First stage criteria
The first stage criteria are as follows: (a) the appropriateness of the MySuper product’s long term investment return target and risk profile; (b) the superannuation fund’s expected ability to…
Section 156G — Review of the default fund term of modern awards
(1) As soon as practicable after the Default Superannuation List is made, the FWC must review the default fund term of each modern award. (2) The FWC must ensure that the following persons have a…
Section 156H — Default fund term must specify certain superannuation funds
(1) After reviewing the default fund term of a modern award, the FWC must make a determination varying the term: (a) to remove every superannuation fund that is specified in the term; and (b) to…
Section 156J — Variation to comply with section 149D
If, at the time of the 4 yearly review, the default fund term of a modern award does not comply with section 149D, the FWC must make a determination varying the term so that it does.
Section 156K — Transitional authorisation for certain superannuation funds
(1) The FWC may make a transitional authorisation in relation to a superannuation fund (other than a superannuation fund referred to in subsection 149D(1), (1A), (2), (3) or (4)) if, at the time of…
Section 156L — The Schedule of Approved Employer MySuper Products
(1) In the 4 yearly review, the FWC must: (a) make and publish the Schedule of Approved Employer MySuper Products; and (b) revoke any previous Schedule of Approved Employer MySuper Products. Note: If…
Section 156M — FWC to invite applications to include employer MySuper products on schedule
(1) Before making the schedule, the FWC must publish a notice that invites: (a) superannuation funds that offer an employer MySuper product; and (b) employers to which an employer MySuper product…
Section 156N — Making applications to include employer MySuper products on schedule
(1) The following may apply to the FWC to have an employer MySuper product included on the schedule: (a) a superannuation fund that offers the product; (b) an employer to which the product relates.…
Section 156P — FWC to determine applications
(1) If an application is made under subsection 156N(1) to have an employer MySuper product included on the schedule, the FWC must make a determination about whether to include the product on the…
Section 156Q — The first stage test
An employer MySuper product satisfies the first stage test if the FWC is satisfied that including the product on the Schedule of Approved Employer MySuper Products would be in the best interests of…
Section 156R — Submissions about the first stage test
(1) The FWC must ensure that all persons and bodies have a reasonable opportunity to make written submissions to the FWC about whether an employer MySuper product satisfies the first stage test. (2)…
Section 156S — The second stage test
An employer MySuper product satisfies the second stage test if the FWC is satisfied that including the product on the Schedule of Approved Employer MySuper Products would be in the best interests of…
Section 156T — Submissions about the second stage test
(1) The FWC must ensure that the following persons have a reasonable opportunity to make written submissions to the FWC about whether an employer MySuper product satisfies the second stage test: (a)…
Section 156U — Publishing documents under this Division
If the FWC is required by this Division to publish a document, the FWC must publish the document on its website or by any other means that the FWC considers appropriate.
Section 157 — FWC may vary etc. modern awards if necessary to achieve modern awards objective
(1) The FWC may: (a) make a determination varying a modern award, otherwise than to vary modern award minimum wages or to vary a default fund term of the award; or (b) make a modern award; or (c)…
Section 158 — Applications to vary, revoke or make modern award
(1) The following table sets out who may apply for the making of a determination varying or revoking a modern award, or for the making of a modern award, under section 157: Who may make an…
Section 159 — Variation of modern award to update or omit name of employer, organisation or outworker entity
(1) The FWC may make a determination varying a modern award: (a) to reflect a change in the name of an employer, organisation or outworker entity; or (b) to omit the name of an organisation, employer…
Section 159A — Variation of default fund term of modern award
(1) The FWC may make a determination varying the default fund term of a modern award in relation to a superannuation fund specified in the term in relation to a standard MySuper product (the…
Section 160 — Variation of modern award to remove ambiguity or uncertainty or correct error
(1) The FWC may make a determination varying a modern award to remove an ambiguity or uncertainty or to correct an error. (2) The FWC may make the determination: (a) on its own initiative; or (b) on…
Section 161 — Variation of modern award on referral by Australian Human Rights Commission
(1) The FWC must review a modern award if the award is referred to it under section 46PW of the Australian Human Rights Commission Act 1986 (which deals with discriminatory industrial instruments).…
Section 162 — General
This Division contains some specific provisions relevant to the exercise of modern award powers. For other provisions relevant to the exercise of modern award powers, see the general provisions about…
Section 163 — Special criteria relating to changing coverage of modern awards
Special rule about reducing coverage (1) The FWC must not make a determination varying a modern award so that certain employers or employees stop being covered by the award unless the FWC is…