Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 192 — When the FWC may refuse to approve an enterprise agreement
(1) If an application for the approval of an enterprise agreement is made under subsection 182(4) or section 185, the FWC may refuse to approve the agreement if the FWC considers that compliance with…
Section 193 — Passing the better off overall test
When a non-greenfields agreement passes the better off overall test (1) An enterprise agreement that is not a greenfields agreement passes the better off overall test under this section if the FWC is…
Section 193A — Applying the better off overall test
(1) This section applies for the purposes of determining whether an enterprise agreement passes the better off overall test under section 193. (2) To avoid doubt, the FWC must undertake a global…
Section 194 — Meaning of unlawful term
A term of an enterprise agreement is an unlawful term if it is: (a) a discriminatory term; or (b) an objectionable term; or (baa) an objectionable emergency management term; or (ba) a term that…
Section 195 — Meaning of discriminatory term
Discriminatory term (1) A term of an enterprise agreement is a discriminatory term to the extent that it discriminates against an employee covered by the agreement because of, or for reasons…
Section 195A — Meaning of objectionable emergency management term
Objectionable emergency management term (1) A term of an enterprise agreement is an objectionable emergency management term if an employer covered by the agreement is a designated emergency…
Section 196 — Shiftworkers
Application of this section (1) This section applies if: (a) an employee is covered by an enterprise agreement; and (b) a modern award that is in operation and covers the employee defines or…
Section 197 — Pieceworkers—enterprise agreement includes pieceworker term
Application of this section (1) This section applies if: (a) an enterprise agreement that covers an employee includes a term that defines or describes the employee as a pieceworker; and (b) a modern…
Section 198 — Pieceworkers—enterprise agreement does not include a pieceworker term
Application of this section (1) This section applies if: (a) an enterprise agreement that covers an employee does not include a term that defines or describes the employee as a pieceworker; and (b) a…
Section 199 — School-based apprentices and school-based trainees
Application of this section (1) This section applies if: (a) an employee who is a school-based apprentice or a school-based trainee is covered by an enterprise agreement; and (b) the agreement…
Section 200 — Outworkers
Application of this section (1) This section applies if: (a) an employee who is an outworker is covered by an enterprise agreement; and (b) a modern award that is in operation and covers the employee…
Section 201 — Approval decision to note certain matters
Approval decision to note model terms included in an enterprise agreement (1) If: (a) the FWC approves an enterprise agreement; and (b) either or both of the following apply: (i) the model…
Section 202 — Enterprise agreements to include a flexibility term etc.
Flexibility term must be included in an enterprise agreement (1) An enterprise agreement must include a term (a flexibility term) that: (a) enables an employee and his or her employer to agree to an…
Section 203 — Requirements to be met by a flexibility term
Flexibility term must meet requirements (1) A flexibility term in an enterprise agreement must meet the requirements set out in this section. Requirements relating to content (2) The flexibility term…
Section 204 — Effect of 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 an…
Section 205 — Enterprise agreements to include a consultation term etc.
Consultation term must be included in an enterprise agreement (1) An enterprise agreement must include a term (a consultation term) that: (a) requires the employer or employers to which the agreement…
Section 205A — Enterprise agreements to include a delegates’ rights term etc.
(1) An enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. Note: Delegates’ rights term is defined in section 12. When modern award term…
Section 206 — Base rate of pay under an enterprise agreement must not be less than the modern award rate or the national minimum wage order rate etc.
If an employee is covered by a modern award that is in operation (1) If: (a) an enterprise agreement applies to an employee; and (b) a modern award that is in operation covers the employee; the base…
Section 207 — Variation of an enterprise agreement may be made by employers and employees
Variation by employers and employees (1) The following may jointly make a variation of an enterprise agreement: (a) if the agreement covers a single employer—the employer and: (i) the employees…
Section 207A — Agreement of employee organisations covered by the agreement
(1) This section applies to a proposed variation of a multi-enterprise agreement. (2) An employer must not request under subsection 208(1) that employees approve the variation by voting for it…
Section 208 — Employers may request employees to approve a proposed variation of an enterprise agreement
(1) An employer covered by an enterprise agreement may request the affected employees for a proposed variation of the agreement to approve the proposed variation by voting for it. (2) Without…
Section 209 — When a variation of an enterprise agreement is made
Single-enterprise agreement (1) If the affected employees of an employer, or each employer, covered by a single-enterprise agreement have been asked to approve a proposed variation under subsection…
Section 210 — Application for the FWC’s approval of a variation of an enterprise agreement
Application for approval (1) If a variation of an enterprise agreement has been made, a person covered by the agreement must apply to the FWC for approval of the variation. Material to accompany the…
Section 211 — When the FWC must approve a variation of an enterprise agreement
Approval of variation by the FWC (1) If an application for the approval of a variation of an enterprise agreement is made under section 210, the FWC must approve the variation if: (a) the FWC is…
Section 212 — FWC may approve a variation of an enterprise agreement with undertakings
Application of this section (1) This section applies if: (a) an application for the approval of a variation of an enterprise agreement has been made under section 210; and (b) the FWC has a concern…
Section 213 — Effect of undertakings
(1) If: (a) the FWC approves a variation of an enterprise agreement after accepting an undertaking under subsection 212(3) in relation to the variation; and (b) the agreement covers a single…
Section 213A — FWC may approve variation with amendments
(1) This section applies if: (a) an application for the approval of a variation of an enterprise agreement has been made under section 210; and (b) the FWC has a concern that the variation does not…
Section 213B — Effect of amendment specified by FWC
(1) If: (a) the FWC specifies an amendment in approving a variation of an enterprise agreement under subsection 213A(2); and (b) the agreement covers a single employer; the variation is taken to be…
Section 214 — When the FWC may refuse to approve a variation of an enterprise agreement
(1) If an application for the approval of a variation of an enterprise agreement is made under section 210, the FWC may refuse to approve the variation if the FWC considers that compliance with the…
Section 215 — Approval decision to note undertakings
If the FWC approves a variation of an enterprise agreement after accepting an undertaking under subsection 212(3) in relation to the variation, the FWC must note in its decision to approve the…
Section 215A — Approval decision to note amendments
If the FWC specifies an amendment in approving a variation of an enterprise agreement under subsection 213A(2), the FWC must note the amendment in its decision to approve the variation.
Section 216 — When variation comes into operation
If a variation of an enterprise agreement is approved under section 211, the variation operates from the day specified in the decision to approve the variation.
Section 216A — Variation of supported bargaining agreement to add employer and employees
(1) A variation of a supported bargaining agreement, that has the effect that an employer that was not covered by the agreement will be covered by it, may be made jointly by the employer and the…
Section 216AA — Application for the FWC’s approval of a variation of a supported bargaining agreement to add employer and employees
Application for approval (1) If a variation of a supported bargaining agreement is made as mentioned in section 216A, the employer to be covered by the agreement must apply to the FWC for approval of…
Section 216AAA — Terms of variation must be explained to employees
(1) Before an employer requests under subsection 216A(2) that affected employees approve a proposed variation, the employer must take all reasonable steps to ensure that: (a) the terms of the…
Section 216BA — When the FWC must make a variation of a supported bargaining agreement to add employer and employees
(1) If an application for the FWC to vary a supported bargaining agreement is made under section 216B, the FWC must make the variation if the FWC is satisfied that: (a) a majority of the employees:…
Section 216CA — Application for the FWC’s approval of a variation of a cooperative workplace agreement to add employer and employees
Application for approval (1) If a variation of a cooperative workplace agreement is made as mentioned in section 216C, the employer must apply to the FWC for approval of the variation. Material to…
Section 216CAA — Terms of the variation must be explained to employees
(1) Before an employer requests under subsection 216C(2) that affected employees approve a proposed variation, the employer must take all reasonable steps to ensure that: (a) the terms of the…
Section 216DA — Application for the FWC’s approval of a variation of a single interest employer agreement to add employer and employees—joint variation
Application for approval (1) If a variation of a single interest employer agreement is made under section 216D, the employer to be covered by the agreement must apply to the FWC for approval of the…
Section 216DAA — Terms of variation must be explained to employees
(1) Before an employer requests under subsection 216D(3) that affected employees approve a proposed variation, the employer must take all reasonable steps to ensure that: (a) the terms of the…
Section 216EA — Application for the FWC’s approval of variation
Application for approval (1) If a variation of a multi-enterprise agreement is made as mentioned in section 216E, one of the following must apply to the FWC for approval of the variation: (a) the…
Section 216AB — When the FWC must approve a variation of a supported bargaining agreement to add employer and employees
(1) If an application for the approval of a variation of a supported bargaining agreement is made under section 216AA, the FWC must approve the variation if the FWC is satisfied that: (a) if the…
Section 216B — Application for the FWC to vary a supported bargaining agreement to add employer and employees
Application for variation (1) An employee organisation that is covered by a supported bargaining agreement may apply to the FWC for a variation of the agreement that has the effect that an employer…
Section 216BB — When the FWC may refuse to make a variation of a supported bargaining agreement to add employer and employees
(1) If an application for the variation of a supported bargaining agreement is made under section 216B, the FWC may refuse to make the variation if the FWC considers that compliance with the terms of…
Section 216CB — When the FWC must approve a variation of a cooperative workplace agreement to add employer and employees
(1) If an application for the approval of a variation of a cooperative workplace agreement is made under section 216CA, the FWC must approve the variation if the FWC is satisfied that: (a) the…
Section 216DB — Application for the FWC’s approval of a variation of a single interest employer agreement to add employer and employees—application by employee organisation
Application for approval (1) An employee organisation that is covered by a single interest employer agreement may apply to the FWC for the approval of a variation of the agreement that will have the…
Section 216EB — When the FWC must approve variation of multi-enterprise agreement to remove employer and employees
If an application for the approval of a variation of a multi-enterprise agreement is made under section 216EA, the FWC must approve the variation if the FWC is satisfied that: (a) the employer…
Section 216AC — Determining whether the FWC would have been required to make a supported bargaining authorisation
For the purposes of paragraph 216AB(1)(a), the FWC is to determine whether it is satisfied that it would have been required to make the supported bargaining authorisation in accordance with sections…
Section 216BC — When variation comes into operation
If a variation of a supported bargaining agreement is made under section 216BA, the variation operates from the day specified in the decision to make the variation.
Section 216C — Variation of cooperative workplace agreement to add employer and employees
(1) A variation of a cooperative workplace agreement, that has the effect that an employer that was not covered by the agreement will be covered by it, may be made jointly by the employer and the…