Fair Work Act 2009 (Cth)

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Fair Work Act 2009

No. 28, 2009

Compilation No. 68

Compilation date: 30 August 2025

Includes amendments: Act No. 37, 2025

This compilation is in 4 volumes

Volume 1:sections 1‑257

Volume 2: sections 258‑536NK

Volume 3: sections 536NL‑800

Volume 4: Schedules

Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Fair Work Act 2009 that shows the text of the law as amended and in force on 30 August 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act relating to workplace relations, and for related purposes

Chapter 1IntroductionPart 1‑1IntroductionDivision 1Preliminary1Short title

This Act may be cited as the Fair Work Act 2009.

2Commencement
  1. (1)

    Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.

Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

7 April 2009

2.

Sections 3 to 40

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

26 May 2009

(see F2009L01818)

3.

Sections 41 to 572

A day or days to be fixed by Proclamation.

A Proclamation must not specify a day that occurs before the day on which the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 receives the Royal Assent.

However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 receives the Royal Assent, they commence on the first day after the end of that period.

Sections 41–43, 50–54, 58, 169–281A, 300–327, 332, 333, 334–572: 1 July 2009 (see F2009L02563)

Sections 44–49, 55–57A, 59–168, 282–299, 328–331, 333A: 1 January 2010 (see F2009L02563)

4.

Sections 573 to 718

At the same time as the provision(s) covered by table item 2.

26 May 2009

5.

Sections 719 to 800

A day or days to be fixed by Proclamation.

A Proclamation must not specify a day that occurs before the day on which the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 receives the Royal Assent.

However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 receives the Royal Assent, they commence on the first day after the end of that period.

Sections 719–740, 769–800: 1 July 2009 (see F2009L02563)

Sections 741–768: 1 January 2010 (see F2009L02563)

6.

Schedule 1

At the same time as the provision(s) covered by table item 2.

26 May 2009

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2)

Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

Division 2Object of this Act3Object of this Act

The object of this Act is to provide a balanced framework for cooperative and productive workplace relations that promotes national economic prosperity and social inclusion for all Australians by:

  1. (a)

    providing workplace relations laws that are fair to working Australians, promote job security and gender equality, are flexible for businesses, promote productivity and economic growth for Australia’s future economic prosperity and take into account Australia’s international labour obligations; and

  2. (b)

    ensuring a guaranteed safety net of fair, relevant and enforceable minimum terms and conditions through the National Employment Standards, modern awards and national minimum wage orders; and

  3. (c)

    ensuring that the guaranteed safety net of fair, relevant and enforceable minimum wages and conditions can no longer be undermined by the making of statutory individual employment agreements of any kind given that such agreements can never be part of a fair workplace relations system; and

  4. (ca)

    ensuring a safety net of fair and relevant minimum terms and conditions for regulated workers through enforceable minimum standards orders and related measures; and

  5. (caa)

    ensuring a safety net of fair and relevant minimum terms and conditions for persons in a road transport contractual chain through enforceable road transport contractual chain orders and through road transport contractual chain guidelines; and

  6. (cb)

    providing appropriate remedies in relation to unfair terms of services contracts; and

  7. (d)

    assisting employees to balance their work and family responsibilities by providing for flexible working arrangements; and

  8. (e)

    enabling fairness and representation at work and the prevention of discrimination by recognising the right to freedom of association and the right to be represented, protecting against unfair treatment and discrimination, providing accessible and effective procedures to resolve grievances and disputes and providing effective compliance mechanisms; and

  9. (f)

    achieving productivity and fairness through an emphasis on enterprise‑level collective bargaining underpinned by simple good faith bargaining obligations and clear rules governing industrial action; and

  10. (g)

    acknowledging the special circumstances of small and medium‑sized businesses.

Division 3Guide to this Act4Guide to this Act

Overview of this Act

(1)

This Act is about workplace relations. It:

  1. (a)

    provides for terms and conditions of employment (Chapter 2); and

  2. (b)

    sets out rights and responsibilities of employees, employers and organisations in relation to that employment (Chapter 3); and

  3. (ba)

    provides for minimum terms and conditions for regulated workers (Chapter 3A); and

  4. (bb)

    sets out measures to deal with unfair terms of services contracts (Chapter 3A); and

  5. (bc)

    provides for minimum terms and conditions for persons in a road transport contractual chain (Chapter 3B); and

  6. (c)

    provides for compliance with, and enforcement of, this Act (Chapter 4); and

  7. (d)

    provides for the administration of this Act by establishing the Fair Work Commission and the Office of the Fair Work Ombudsman (Chapter 5); and

  8. (e)

    deals with other matters relating to the above (Chapter 6).

Overview of the rest of this Chapter

(2)

The rest of this Chapter deals with:

  1. (a)

    definitions that are used in this Act (Part 1‑2); and

  2. (b)

    the application of this Act (Part 1‑3), including how this Act interacts with certain State and Territory laws and its geographical application;

(c) certain matters relating to the road transport industry (Part 1‑4).

Definitions

(3)

Many of the terms in this Act are defined. The Dictionary in section 12 contains a list of every term that is defined in this Act.

Application, saving and transitional provisions for amendments

(4)

Schedule 1 contains application, saving and transitional provisions relating to amendments of this Act.

5Terms and conditions of employment (Chapter 2)
  1. (1)

    Chapter 2 provides for terms and conditions of employment of national system employees.

  2. (2)

    Part 2‑1 has the core provisions for the Chapter. It deals with compliance with, and interaction between, the sources of the main terms and conditions provided under this Act—the National Employment Standards, modern awards and enterprise agreements.

    Note: Workplace determinations are another source of main terms and conditions. In most cases, this Act applies to a workplace determination as if it were an enterprise agreement in operation (see section 279).

    Main terms and conditions

  3. (3)

    Part 2‑2 contains the National Employment Standards, which are minimum terms and conditions that apply to all national system employees.

  4. (4)

    Part 2‑3 is about modern awards. A modern award is made for a particular industry or occupation and provides additional minimum terms and conditions for those national system employees to whom it applies. A modern award can have terms that are ancillary or supplementary to the National Employment Standards.

  5. (5)

    Part 2‑4 is about enterprise agreements. An enterprise agreement is made at the enterprise level and provides terms and conditions for those national system employees to whom it applies. An enterprise agreement can have terms that are ancillary or supplementary to the National Employment Standards.

  6. (6)

    Part 2‑5 is about workplace determinations. A workplace determination provides terms and conditions for those national system employees to whom it applies. A workplace determination is made by the FWC if certain conditions are met.

  7. (7)

    Part 2‑8 provides for the transfer of certain modern awards, enterprise agreements, workplace determinations and other instruments if there is a transfer of business from one national system employer to another national system employer.

    Other terms and conditions

  8. (8)

    In addition, other terms and conditions of employment for national system employees include those:

    1. (a)

      provided by a national minimum wage order (see Part 2‑6) or an equal remuneration order (see Part 2‑7); and

    2. (aa)

      provided by Part 2‑7A (which deals with regulated labour hire arrangement orders); and

    3. (b)

      provided by Part 2‑9 (which deals with the frequency and method of making payments to employees, deductions from payments and high‑income employees).

6Rights and responsibilities of employees, employers, organisations etc. (Chapter 3)
  1. (1)

    Chapter 3 sets out rights and responsibilities of national system employees, national system employers, organisations and others (such as independent contractors and industrial associations).

  2. (2)

    Part 3‑1 provides general workplace protections. It:

    1. (a)

      protects workplace rights; and

    2. (b)

      protects freedom of association and involvement in lawful industrial activities; and

    3. (c)

      provides other protections, including protection from discrimination.

  3. (3)

    Part 3‑2 deals with unfair dismissal of national system employees, and the granting of remedies when that happens.

  4. (4)

    Part 3‑3 deals mainly with industrial action by national system employees and national system employers and sets out when industrial action is protected industrial action. No action lies under any law in force in a State or Territory in relation to protected industrial action except in certain circumstances.

  5. (5)

    Part 3‑4 is about the rights of officials of organisations who hold entry permits to enter premises for purposes related to their representative role under this Act and under State or Territory OHS laws. In exercising those rights, permit holders must comply with the requirements set out in the Part.

  6. (6)

    Part 3‑5 allows a national system employer to stand down a national system employee without pay in certain circumstances.

  7. (6A)

    Part 3‑5A prohibits sexual harassment of workers, persons seeking to become workers and persons conducting businesses or undertakings, and provides for the granting of remedies when that happens.

  8. (7)

    Part 3‑6 deals with other rights and responsibilities of national system employers in relation to:

    1. (a)

      termination of employment; and

    2. (b)

      keeping records and giving payslips; and

    3. (c)

      advertising rates of pay.

  9. (8)

    Part 3‑7 deals with offences in relation to corrupting benefits.

6ARights and responsibilities of regulated workers, regulated businesses, organisations etc. (Chapter 3A)
  1. (1)

    Chapter 3A sets out rights and responsibilities of certain regulated workers who perform work under services contracts, and of certain regulated businesses, organisations and others.

  2. (2)

    Part 3A‑1 has the core provisions for the Chapter. It deals with compliance with the instruments made under the Chapter (minimum standards orders, minimum standards guidelines and collective agreements) and interaction issues.

  3. (3)

    Part 3A‑2 is about minimum standards orders and minimum standards guidelines, which can be made for certain regulated workers.

  4. (4)

    Part 3A‑3 deals with unfair termination and unfair deactivation of certain regulated workers, and the granting of remedies when that happens.

  5. (5)

    Part 3A‑4 is about collective agreements. A collective agreement is made between a regulated business and an organisation. It provides terms and conditions for those regulated workers to whom it applies.

  6. (6)

    Part 3A‑5 is about unfair contract terms of services contracts. It provides for certain remedies if a services contract includes an unfair term.

6BRights and responsibilities of persons in a road transport contractual chain
  1. (1)

    Chapter 3B sets out rights and responsibilities of persons in a road transport contractual chain.

  2. (2)

    Part 3B‑1 has the core provisions for the Chapter. It deals with compliance with road transport contractual chain orders made under the Chapter and interaction issues.

  3. (3)

    Part 3B‑2 is about road transport contractual chain orders and road transport contractual chain guidelines, which can be made for certain persons in a road transport contractual chain.

7Compliance and enforcement (Chapter 4)
  1. (1)

    Chapter 4 provides for compliance with, and enforcement of, this Act.

  2. (2)

    Part 4‑1 is about civil remedies. Certain provisions in this Act impose obligations on certain persons. Civil remedies may be sought in relation to contraventions of these civil remedy provisions. Part 4‑1:

    1. (a)

      deals with applications for orders for contraventions of civil remedy provisions; and

    2. (b)

      sets out the orders the courts can make in relation to a contravention of a civil remedy provision.

  3. (3)

    Part 4‑2 is about the jurisdiction and powers of the courts in relation to matters arising under this Act.

8Administration (Chapter 5)
  1. (1)

    Chapter 5 provides for the administration of this Act by establishing the Fair Work Commission and the Office of the Fair Work Ombudsman.

  2. (2)

    Part 5‑1 is about the Fair Work Commission. It:

    1. (a)

      establishes and confers functions on the FWC; and

    2. (b)

      sets out how matters before the FWC are to be conducted (for example, how the FWC is to deal with applications made to it).

  3. (3)

    Part 5‑2 is about the Office of the Fair Work Ombudsman. It:

    1. (a)

      establishes and confers functions on the Fair Work Ombudsman; and

    2. (b)

      confers functions and powers on Fair Work Inspectors.

9Miscellaneous (Chapter 6)
  1. (1)

    Chapter 6 is a collection of miscellaneous matters that relate to the other Chapters.

  2. (2)

    Part 6‑1 provides rules relating to applications for remedies under this Act. It prevents certain applications if other remedies are available and prevents multiple applications or complaints in relation to the same conduct.

  3. (3)

    Part 6‑2 is about dealing with disputes between national system employees and their employers under modern awards, enterprise agreements and contracts of employment.

  4. (4)

    Part 6‑3 extends provisions of the National Employment Standards relating to unpaid parental leave, paid family and domestic violence leave and notice of termination to employees not otherwise covered by the provisions.

  5. (4A)

    Part 6‑3A provides for the transfer of terms and conditions of employment that are provided for in particular State industrial instruments if there is a transfer of business from a non‑national system employer that is a State public sector employer of the State to a national system employer.

  6. (5)

    Part 6‑4 contains provisions to give effect, or further effect, to certain international agreements relating to termination of employment.

  7. (5A)

    Part 6‑4A contains special provisions about TCF outworkers.

  8. (5B)

    Part 6‑4B allows a worker who has been bullied at work to apply to the FWC for an order to stop the bullying.

  9. (6)

    Part 6‑5 deals with miscellaneous matters such as delegations and regulations.

9AApplication, transitional and saving provisions for amendments (Schedules)

The Schedules contain application, transitional and saving provisions relating to amendments of this Act.

Note: Application, transitional and saving provisions relating to the enactment of this Act, and States becoming referring States, are in the Transitional Act.

Part 1‑2DefinitionsDivision 1Introduction10Guide to this Part

This Part is about the terms that are defined in this Act.

Division 2 has the Dictionary (see section 12). The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.

Division 3 has definitions relating to the meanings of employee and employer.

Division 4 has some other definitions that apply across this Act.

11Meanings of employee and employer

In this Part, employee and employer have their ordinary meanings.

Note: See also Division 2 of Part 6‑4A (TCF contract outworkers taken to be employees in certain circumstances).

Division 2The Dictionary12The Dictionary

In this Act:

accommodation arrangement: see subsections 521A(1) and (2).

action includes an omission.

adoption‑related leave: see subsection 67(5).

adverse action: see section 342.

affected employees:

  1. (a)

    for a variation of an enterprise agreement under Subdivision A of Division 7 of Part 2‑4: see subsection 207(2); and

  2. (b)

    for a variation of an enterprise agreement under Subdivision AA, AB or AC of Division 7 of Part 2‑4 to add an employer to a supported bargaining agreement or a cooperative workplace agreement: means an employee employed by the employer at the time the variation is made who will be covered by the agreement if the variation is approved (or made) by the FWC; and

  3. (c)

    for a variation of an enterprise agreement under Subdivision AD of Division 7 of Part 2‑4 (variation of single interest employer agreement to add employer and employees): see paragraphs 216D(1)(b) and 216DB(1)(b); and

  4. (d)

    for a variation of an enterprise agreement under Subdivision AE of Division 7 of Part 2‑4 (variation of multi‑enterprise agreement to remove employer and employees): see paragraph 216E(1)(b).

affected employer:

  1. (a)

    in relation to an entry under Subdivision A of Division 2 of Part 3‑4: see subsection 482(2); and

  2. (aa)

    in relation to an entry under section 483A other than a designated outworker terms entry: see paragraph 483B(3)(a); and

  3. (ab)

    in relation to a designated outworker terms entry under section 483A: see paragraph 483B(3)(b); and

  4. (b)

    in relation to an entry in accordance with Division 3 of Part 3‑4: see paragraph 495(2)(a); and

  1. (c)

    in relation to a State or Territory OHS right to inspect or otherwise access an employee record: see paragraph 495(2)(b).

affected member certificate: see subsection 520(1).

Age Discrimination Commissioner means the Age Discrimination Commissioner appointed under the Age Discrimination Act 2004.

aggrieved person in relation to an alleged contravention of Division 2 of Part 3‑5A (prohibiting sexual harassment in connection with work): see subsection 527F(1).

agreed terms for a workplace determination: see section 274.

agreed to in relation to a termination of an enterprise agreement: see section 221.

alternative protected rate of pay order: see subsection 306M(2).

annual rate of an employee’s guaranteed annual earnings: see subsection 330(3).

annual wage review: see subsection 285(1).

anti‑discrimination law: see subsection 351(3).

apparent indirectly responsible entity: see subsection 789CC(2).

applicable agreement‑derived long service leave terms: see subsection 113(5).

applicable award‑derived long service leave terms: see subsection 113(3).

applicable time: see subsection 23B(2).

application or complaint under another law: see subsection 732(2).

applies:

  1. (a)

    in relation to a modern award: see section 47; and

  2. (b)

    in relation to an enterprise agreement: see section 52; and

  3. (ba)

    in relation to a minimum standards order: see section 536JD; and

  4. (bb)

    in relation to a collective agreement: see section 536JL; and

  5. (bc)

    in relation to a road transport contractual chain order: see section 536NR; and

  6. (c)

    in relation to a copied State instrument: see section 768AM.

applies to employment generally: see subsection 26(4).

appointment:

  1. (a)

    of a bargaining representative means an appointment of a bargaining representative under paragraph 176(1)(c) or (d) or 177(c); and

  2. (b)

    of an insolvency practitioner includes a person becoming an insolvency practitioner:

    1. (i)

      by taking possession or control of property; or

    2. (ii)

      by operation of law.

appropriate safe job: see subsection 81(3).

approved by the FWC, in relation to an enterprise agreement, means approved by the FWC under section 186 or 189.

arbitrated protected rate of pay order: see subsection 306Q(1).

ART President or Deputy President means the President, a Judicial Deputy President or a Non‑Judicial Deputy President of the Administrative Review Tribunal.

associated entity has the meaning given by section 50AAA of the Corporations Act 2001.

associated regulated business for a regulated worker: see subsection 350B(5).

associated with an underpayment amount: see subsection 546A(1).

Australia means the Commonwealth of Australia and, when used in a geographical sense, includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory.

Australian‑based employee: see subsections 35(2) and (3).

Australian employer: see subsection 35(1).

Australian government: see subsection 794A(2).

Australian ship means a ship that has Australian nationality under section 29 of the Shipping Registration Act 1981.

authority documents: see subsection 489(3).

available parental leave period: see subsection 75(2).

award/agreement free employee means a national system employee to whom neither a modern award nor an enterprise agreement applies.

award covered employee for an enterprise agreement: see subsection 193(4).

award modernisation process means:

  1. (a)

    the process of making modern awards under Part 10A of the Workplace Relations Act 1996, as continued by Part 2 of Schedule 5 of the Transitional Act; and

  2. (b)

    the enterprise instrument modernisation process provided for by Part 2 of Schedule 6 of the Transitional Act; and

  3. (c)

    the State reference public sector transitional award modernisation process provided for by Part 2 of Schedule 6A of the Transitional Act.

ballot paper: see subsection 455(2).

Bankruptcy Act 1966: a reference to the Bankruptcy Act 1966 or a provision of that Act is a reference to that Act or provision:

  1. (a)

    applying of its own force; or

  2. (b)

    applying, with or without modifications, because of a law of the Commonwealth, a State or a Territory.

bankruptcy trustee of a person means the trustee under the Bankruptcy Act 1966 of the person’s estate in bankruptcy.

bargaining order: see subsection 229(1).

bargaining representative for a proposed enterprise agreement: see sections 176 and 177.

bargaining services: see subsection 353(3).

bargaining services fee: see subsection 353(2).

base rate of pay: see section 16.

birth‑related leave: see subsection 67(4).

breastfeeding:

  1. (a)

    includes the act of expressing milk; and

  2. (b)

    includes:

    1. (i)

      an act of breastfeeding; and

    2. (ii)

      breastfeeding over a period of time.

bullied at work: see subsection 789FD(1).

cash or in kind payment: see subsection 536F(4).

casual employee: see section 15A.

child of a person: see subsection 17(1).

civil remedy provision: see subsections 539(1) and (3).

close relative: see subsection 106B(3).

collective agreement: see section 15B.

Commissioner means a Commissioner of the FWC.

common requirements in relation to industrial action: see section 413.

Commonwealth means the Commonwealth of Australia and, when used in a geographical sense, includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory.

Commonwealth authority means:

  1. (a)

    a body corporate established for a public purpose by or under a law of the Commonwealth; or

  2. (b)

    a body corporate:

    1. (i)

      incorporated under a law of the Commonwealth or a State or a Territory; and

    2. (ii)

      in which the Commonwealth has a controlling interest.

Commonwealth Ombudsman means the person for the time being holding office as Ombudsman under the Ombudsman Act 1976.

Commonwealth outworker entity means an entity that is an outworker entity otherwise than because of section 30F or 30Q.

Note: Sections 30F and 30Q extend the meaning of outworker entity in relation to a referring State.

Commonwealth place means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.

compassionate leave means compassionate leave to which a national system employee is entitled under section 104.

complaint about an FWC Member means a complaint referred to in paragraph 581A(1)(a) or section 641A.

complaint handler means:

  1. (a)

    the President; or

  2. (b)

    a person who is authorised by the President under subsection 581A(3); or

  3. (c)

    a person who is a member of a body that is authorised by the President under subsection 581A(3).

compliance powers: see section 703.

compliance purposes: see subsection 706(1).

conduct includes an omission.

conduct of a protected action ballot: see subsection 458(5).

connected with a Territory: an arrangement for work to be performed for a person (either directly or indirectly) is connected with a Territory if one or more of the following apply:

  1. (a)

    at the time the arrangement is made, one or more parties to the arrangement is in a Territory in Australia;

  2. (b)

    the work is to be performed in such a Territory;

  3. (c)

    the person carries on an activity (whether of a commercial, governmental or other nature) in such a Territory, and the work is reasonably likely to be performed in that Territory;

  4. (d)

    the person carries on an activity (whether of a commercial, governmental or other nature) in such a Territory, and the work is to be performed in connection with that activity.

    Note: In this context, Australia includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands (see the definition of Australia).

consistent with the Digital Labour Platform Deactivation Code: see subsection 536LJ(3).

consistent with the Road Transport Industry Termination Code: see subsection 536LN(3).

consistent with the Small Business Fair Dismissal Code: see subsection 388(2).

consolidation order:

  1. (a)

    in relation to a transferring employee—see subsection 768BD(1); and

  2. (b)

    in relation to a non‑transferring employee—see subsection 768BG(1).

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

constitutionally‑covered business: see subsection 789FD(3).

constitutionally‑covered entity: see subsection 338(2).

constitutional trade or commerce means trade or commerce:

  1. (a)

    between Australia and a place outside Australia; or

  2. (b)

    among the States; or

  3. (c)

    between a State and a Territory; or

  4. (d)

    between 2 Territories; or

  5. (e)

    within a Territory.

consultation notice for a collective agreement: see subsection 536ML(1).

continental shelf means:

  1. (a)

    the continental shelf (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories); and

  2. (b)

    the Greater Sunrise special regime area (as defined in the Seas and Submerged Lands Act 1973).

continuous service has a meaning affected by section 22.

contractor high income threshold: see section 15C.

contravenethis Act, or a provision of this Act, includes contravene any of the following:

  1. (a)

    a civil remedy provision;

  2. (b)

    a provision of this Act that creates an offence;

  3. (c)

    a related offence provision.

cooperation agreement: see subsection 717B(1).

cooperative workplace agreement: a multi‑enterprise agreement is a cooperative workplace agreement if there was no supported bargaining authorisation or single interest employer authorisation in operation in relation to the agreement immediately before the agreement was made.

copied State award: see subsection 768AI(1).

copied State collective employment agreement: see subsection 768AK(4).

copied State employment agreement: see subsection 768AK(1).

copied State individual employment agreement: see subsection 768AK(5).

copied State instrument: see section 768AH.

corporate MySuper product: see subsection 23A(3).

Corporations Act 2001: the reference to the Corporations Act 2001 in the definitions of insolvency practitioner and liquidator in this section is a reference to that Act:

  1. (a)

    applying of its own force; or

  2. (b)

    applying, with or without modifications, because of a law of the Commonwealth, a State or a Territory.

coverage terms:

  1. (a)

    in relation to a modern award (other than a modern enterprise award): see section 143; and

  2. (b)

    in relation to a modern enterprise award: see section 143A; and

  3. (c)

    in relation to a State reference public sector modern award: see section 143B.

covered employment instrument means:

  1. (a)

    an enterprise agreement; or

  2. (b)

    a workplace determination; or

  3. (c)

    a determination under section 24 of the Public Service Act 1999 that applies to a class of APS employees in an Agency (within the meaning of that Act); or

  4. (d)

    an instrument made under any other law of the Commonwealth (other than this Act), or of a State or a Territory, that provides for the terms and conditions of employment for a class of national system employees of:

    1. (i)

      the Commonwealth or a State or Territory; or

    2. (ii)

      an authority of the Commonwealth or of a State or Territory; or

  5. (e)

    any other instrument relating to the employment of a class of national system employees that:

    1. (i)

      is made under a law of the Commonwealth (other than this Act) or a State or Territory; and

    2. (ii)

      is prescribed by the regulations.

covers:

  1. (a)

    in relation to a modern award: see section 48; and

  2. (b)

    in relation to an enterprise agreement: see section 53; and

  3. (c)

    in relation to a workplace determination: see section 277; and

  4. (ca)

    in relation to a minimum standards order: see section 536JE; and

  5. (cb)

    in relation to minimum standards guidelines: see section 536JG; and

  6. (cc)

    in relation to a collective agreement: see section 536JM; and

  7. (cd)

    in relation to a road transport contractual chain order: see section 536NS; and

  8. (ce)

    in relation to road transport contractual chain guidelines: see section 536NU; and

  9. (d)

    in relation to a copied State instrument: see section 768AN.

day of placement: see subsection 67(6).

deactivated: see section 536LG.

de facto partner of a person means:

  1. (a)

    another person who, although not legally married to the first person, lives with the first person in a relationship as a couple on a genuine domestic basis (whether the first person and the other person are of the same sex or different sexes); or

  2. (b)

    a former de facto partner (within the meaning of paragraph (a)) of the first person.

default fund employee: see subsection 149C(2).

default fund term: see subsection 149C(2).

Default Superannuation List: see subsection 156B(1).

deferral declaration, in relation to a minimum standards order: see subsection 536KQA(1).

deferral declaration, in relation to a road transport contractual chain order: see subsection 536PU(1).

deferral determination, in relation to a road transport minimum standards order: see subsection 536KQH(1).

deferral determination, in relation to a road transport contractual chain order: see subsection 536QA(1).

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992.

delegates’ rights term means a term in a fair work instrument that provides for the exercise of the rights of workplace delegates.

Note: The rights of workplace delegates are set out in section 350C, and a delegates’ rights term must provide at least for the exercise of those rights.

Deputy President means a Deputy President of the FWC.

designated emergency management body: see subsections 195A(4) and (5).

designated outworker term of a modern award, enterprise agreement, workplace determination or other instrument, means any of the following terms, so far as the term relates to outworkers in the textile, clothing or footwear industry:

  1. (a)

    a term that deals with the registration of an employer or outworker entity;

  2. (b)

    a term that deals with the making and retaining of, or access to, records about work to which outworker terms of a modern award apply;

  3. (c)

    a term imposing conditions under which an arrangement may be entered into by an employer or an outworker entity for the performance of work, where the work is of a kind that is often performed by outworkers;

  4. (d)

    a term relating to the liability of an employer or outworker entity for work undertaken by an outworker under such an arrangement, including a term which provides for the outworker to make a claim against an employer or outworker entity;

  5. (e)

    a term that requires minimum pay or other conditions, including the National Employment Standards, to be applied to an outworker who is not an employee;

  6. (f)

    any other terms prescribed by the regulations.

designated outworker terms entry: see subsection 483A(5).

digital labour platform: see section 15L.

Digital Labour Platform Deactivation Code means the code made under section 536LJ.

digital labour platform operator: see section 15M.

digital platform work: see section 15N.

directly, when used in relation to TCF work: see section 17A.

Disability Discrimination Commissioner means the Disability Discrimination Commissioner appointed under the Disability Discrimination Act 1992.

discriminatory term of an enterprise agreement: see section 195.

dismissal remedy bargaining order application: see subsection 726(2).

dismissed: see section 386.

earnings: see subsections 332(1) and (2).

eligible community service activity: see section 109.

eligible protected action ballot agent: see subsection 468A(1).

eligible State or Territory court means one of the following courts:

  1. (a)

    a District, County or Local Court;

  2. (b)

    a magistrates court;

  3. (c)

    the Industrial Relations Court of South Australia;

  4. (ca)

    the Industrial Court of New South Wales;

  5. (d)

    any other State or Territory court that is prescribed by the regulations.

employee is defined in the first Division of each Part (other than Part 1‑1) in which the term appears.

Note 1: The definition in the Part will define employee either as a national system employee or as having its ordinary meaning. However, there may be particular provisions in the Part where a different meaning for the term is specified.

Note 2: If the term has its ordinary meaning, see further subsections 15(1), 30E(1) and 30P(1).

Note 3: See also Division 2 of Part 6‑4A (TCF contract outworkers taken to be employees in certain circumstances).

employee A, in relation to a transfer of business referred to in Part 6‑3A: see subsections 768BD(1) and 768BG(1).

employee claim action: see section 409 and paragraph 471(4A)(c).

employee couple: 2 national system employees are an employee couple if each of the employees is the spouse or de facto partner of the other.

employee‑like worker: see section 15P.

employee‑like worker collective agreement: see subsection 536MK(4).

employee‑like worker guidelines: see subsection 536KR(2).

employee‑like worker minimum standards order: see subsection 536JY(2).

employee organisationmeans an organisation of employees.

employee record, in relation to an employee, means:

  1. (a)

    something that is an employee record, in relation to the employee, for the purposes of the Privacy Act 1988; or

  2. (b)

    in the case of a TCF contract outworker who is taken to be an employee by Division 2 of Part 6‑4A of this Act—something that would be an employee record, in relation to the outworker, for the purposes of the Privacy Act 1988, if the outworker were an employee for the purposes of that Act.

employee response action: see section 410 and paragraph 471(4A)(d).

employee with a disability means a national system employee who is qualified for a disability support pension as set out in section 94 or 95 of the Social Security Act 1991, or who would be so qualified but for paragraph 94(1)(e) or 95(1)(c) of that Act.

employer is defined in the first Division of each Part (other than Part 1‑1) in which the term appears.

Note 1: The definition in the Part will define employer either as a national system employer or as having its ordinary meaning. However, there may be particular provisions in the Part where a different meaning for the term is specified.

Note 2: If the term has its ordinary meaning, see further subsections 15(2), 30E(2) and 30P(2).

Note 3: See also Division 2 of Part 6‑4A (TCF contract outworkers taken to be employees in certain circumstances).

employer MySuper product: see subsection 23A(1B).

employer organisationmeans an organisation of employers.

employer response action: see section 411.

employing authority: see subsection 795(6).

end of the minimum bargaining period: see subsection 235(5).

engage in conduct means:

  1. (a)

    do an act; or

  2. (b)

    omit to perform an act.

engages in industrial activity: see section 347.

enterprise means a business, activity, project or undertaking.

enterprise agreement means:

  1. (a)

    a single‑enterprise agreement; or

  2. (b)

    a multi‑enterprise agreement.

entry notice: see subsection 487(2).

entry permit: see section 512.

equal remuneration for work of equal or comparable value: see subsection 302(2).

Note: See also subsections 302(3A) to (3C) and (4) and (4A) for matters relevant to the meaning of equal remuneration for work of equal or comparable value.

equal remuneration order: see subsection 302(1).

exclusive economic zone means the exclusive economic zone (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories).

exemption certificate: see subsection 519(1).

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993.

Expert Panel means an Expert Panel constituted under section 620.

Expert Panel Member means an Expert Panel Member of the FWC.

extended notice of termination provisions: see subsection 759(3).

extended paid family and domestic violence leave provisions: see subsection 757B(4).

extended parental leave provisions: see subsection 744(3).

Fair Work Commission or FWC means the body continued in existence by section 575.

Fair Work Information Statement: see subsection 124(1).

Fair Work Inspector means:

  1. (a)

    a person appointed as a Fair Work Inspector under section 700; or

  2. (b)

    the Fair Work Ombudsman in his or her capacity as a Fair Work Inspector under section 701.

fair work instrument means:

  1. (a)

    a modern award; or

  2. (b)

    an enterprise agreement; or

  3. (c)

    a workplace determination; or

  4. (d)

    an FWC order, including a minimum standards order or a road transport contractual chain order, but not including minimum standards guidelines or road transport contractual chain guidelines, even if the guidelines are made by order.

family and domestic violence: see subsection 106B(2).

Federal Court means the Federal Court of Australia.

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

first employer, in relation to a transfer of employment: see subsection 22(7).

first stage criteria: see section 156F.

first stage test: see section 156Q.

fixed platform means an artificial island, installation or structure permanently attached to the sea‑bed for the purpose of exploration for, or exploitation of, resources or for other economic purposes.

Fixed Term Contract Information Statement: see subsection 333J(1).

flexibility term:

  1. (a)

    in relation to a modern award—see subsection 144(1); and

  2. (b)

    in relation to an enterprise agreement—see subsection 202(1).

flexible day: see subsection 74(3C).

flexible unpaid parental leave: see subsections 72A(1) and (2A).

flight crew officer means a person who performs (whether with or without other duties) duties as a pilot, navigator or flight engineer of aircraft, and includes a person being trained for the performance of such duties.

franchise has the meaning given by the Corporations Act 2001.

franchisee entity of a franchise: see subsection 558A(1).

Full Bench means a Full Bench of the FWC constituted under section 618.

full deferral declaration, in relation to a minimum standards order: see subsection 536KQA(2).

full deferral declaration, in relation to a road transport contractual chain order: see subsection 536PU(2).

full deferral determination, in relation to a road transport minimum standards order: see subsection 536KQJ(2).

full deferral determination, in relation to a road transport contractual chain order: see subsection 536QB(2).

full rate of pay: see section 18.

full suspension declaration, in relation to a minimum standards order: see subsection 536KQD(2).

full suspension declaration, in relation to a road transport contractual chain order: see subsection 536PX(2).

full suspension determination, in relation to a road transport minimum standards order: see subsection 536KQP(2).

full suspension determination, in relation to a road transport contractual chain order: see subsection 536QG(2).

FWC: see Fair Work Commission.

FWC Member means the President, a Vice President, a Deputy President, a Commissioner or an Expert Panel Member.

FWO notice: see subsection 712A(1).

gender identity has the meaning given by the Sex Discrimination Act 1984.

general building and construction work: see subsection 23B(1).

General Manager means the General Manager of the FWC.

general protections court application: see subsection 368(4).

general protections FWC application: see subsection 727(2).

general State industrial law: see subsection 26(3).

genuine redundancy: see section 389.

good faith bargaining requirements: see section 228.

governing body of an agency of the Commonwealth: see subsection 794B(5).

greenfields agreement: see subsection 172(4).

guaranteed period for a guarantee of annual earnings: see section 331.

guarantee of annual earnings: see subsection 330(1).

guarantee of termination entitlements: see subsection 226A(1).

handle a complaint about an FWC Member means do one or more of the following acts relating to the complaint:

  1. (a)

    consider the complaint;

  2. (b)

    investigate the complaint;

  3. (c)

    report on an investigation of the complaint;

  4. (d)

    deal with a report of an investigation of the complaint;

  5. (e)

    dispose of the complaint;

  6. (f)

    refer the complaint to a person or body.

high income employee: see section 329.

high income threshold: see section 333.

host employment instrument: see subsection 306E(6).

ILO means the International Labour Organization.

immediate family of a person means:

  1. (a)

    a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the person; or

  2. (b)

    a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the person.

in a road transport contractual chain: see section 15RA.

independent advisor for a protected action ballot means the person (if any) specified in the protected action ballot order as the independent advisor for the ballot.

independent contractor is not confined to an individual.

indirectly, when used in relation to TCF work: see section 17A.

indirectly responsible entity, in relation to TCF work performed by a TCF outworker: see subsections 789CA(3), (4) and (5).

individual flexibility arrangement:

  1. (a)

    in relation to a modern award—see subsection 144(1); and

  2. (b)

    in relation to an enterprise agreement—see paragraph 202(1)(a).

industrial action: see section 19.

industrial action related workplace determination: see subsection 266(1).

industrial association means:

  1. (a)

    an association of employees or independent contractors, or both, or an association of employers, that is registered or recognised as such an association (however described) under a workplace law; or

  2. (b)

    an association of employees, or independent contractors, or both (whether formed formally or informally), a purpose of which is the protection and promotion of their interests in matters concerning their employment, or their interests as independent contractors (as the case may be); or

  3. (c)

    an association of employers a principal purpose of which is the protection and promotion of their interests in matters concerning employment and/or independent contractors;

and includes:

  1. (d)

    a branch of such an association; and

  2. (e)

    an organisation; and

  3. (f)

    a branch of an organisation.

industrial body means:

  1. (a)

    the FWC; or

  2. (b)

    a court or commission (however described) performing or exercising, under an industrial law, functions and powers corresponding to those conferred on the FWC by this Act; or

  3. (c)

    a court or commission (however described) performing or exercising, under a workplace law, functions and powers corresponding to those conferred on the FWC by the Registered Organisations Act.

industrial law means:

  1. (a)

    this Act; or

  2. (b)

    the Registered Organisations Act; or

  3. (c)

    a law of the Commonwealth, however designated, that regulates the relationships between employers and employees; or

  4. (d)

    a State or Territory industrial law.

Industry Minister means the Minister administering the Australian Jobs Act 2013.

industry‑specific redundancy schememeans redundancy or termination payment arrangements in a modern award that are described in the award as an industry‑specific redundancy scheme.

Infrastructure Minister means the Minister administering the Infrastructure Australia Act 2008.

insolvency practitioner for an employer means:

  1. (a)

    a liquidator of the employer; or

  2. (b)

    an administrator of the employer appointed under the Corporations Act 2001; or

  3. (c)

    a restructuring practitioner for the employer appointed under that Act; or

  4. (d)

    a person appointed as a receiver of property of the employer; or

  5. (e)

    a person who has possession or control of property of the employer for the purpose of enforcing:

    1. (i)

      a charge; or

    2. (ii)

      a mortgage; or

    3. (iii)

      a lien; or

    4. (iv)

      a pledge; or

    5. (v)

      a security interest, within the meaning of the Personal Property Securities Act 2009, to which that Act applies, other than a transitional security interest within the meaning of that Act; or

  6. (f)

    a bankruptcy trustee of the employer.

inspector means a Fair Work Inspector.

interim application period: see paragraph 156N(2)(b).

intersex status has the meaning given by the Sex Discrimination Act 1984.

intractable bargaining declaration: see section 234.

intractable bargaining workplace determination: see section 269.

involved in: see section 550.

irregularity, in relation to the conduct of a protected action ballot: see subsection 458(6).

junior employee means a national system employee who is under 21.

jury service pay: see subsection 111(6).

jury service summons: see subsection 111(7).

keeping in touch day: see subsections 79A(2) and (3).

law enforcement officer has the same meaning as in subsection 30K(1).

lawyer means a person who is admitted to the legal profession by a Supreme Court of a State or Territory.

liquidator means a liquidator appointed (provisionally or otherwise) under the Corporations Act 2001.

local government employee has the same meaning as in subsection 30K(1).

local government employer has the same meaning as in subsection 30K(1).

lock out: see subsection 19(3).

made:

  1. (a)

    in relation to an enterprise agreement: see section 182; and

  2. (b)

    in relation to a variation of an enterprise agreement under Subdivision A of Division 7 of Part 2‑4 (variation of enterprise agreements by employers and employees): see section 209; and

  3. (c)

    in relation to a variation of an enterprise agreement under Subdivision AA of Division 7 of Part 2‑4 (variation of supported bargaining agreement to add employer and employees (with consent)): see subsection 216A(4); and

  4. (d)

    in relation to a variation of an enterprise agreement under Subdivision AC of Division 7 of Part 2‑4 (variation of cooperative workplace agreement to add employer and employees): see subsection 216C(4); and

  5. (e)

    in relation to a variation of an enterprise agreement under Subdivision AD of Division 7 of Part 2‑4 (variation of single interest employer agreement to add employer and employees): see subsection 216D(5); and

  6. (f)

    in relation to a variation of an enterprise agreement under Subdivision AE of Division 7 of Part 2‑4 (variation of multi‑enterprise agreement to remove employer and employees): see subsection 216E(7).

magistrates court means:

  1. (a)

    a court constituted by a police, stipendiary or special magistrate; or

  2. (b)

    a court constituted by an industrial magistrate; or

  3. (c)

    the Local Court of the Northern Territory.

majority support determination: see subsection 236(1).

maritime employee means a person who is, or whose occupation is that of, a master as defined in subsection 14(1) of the Navigation Act 2012, a seafarer as so defined or a pilot as so defined.

medical certificate means a certificate signed by a medical practitioner.

medical practitioner means a person registered, or licensed, as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.

membership action: see subsection 350(3).

members’ voluntary winding up: see subsection 121(5).

minimum employment period: see section 383.

minimum standards guidelines: see section 15D.

minimum standards objective: see section 536JX.

minimum standards order: see section 15E.

minimum wages objective: see subsection 284(1).

miscarriage means a spontaneous loss of an embryo or fetus before a period of gestation of 20 weeks.

miscellaneous modern award: see subsection 163(4).

model consultation term: see subsection 205(3).

model flexibility term: see subsection 202(5).

modern award means a modern award made under Part 2‑3.

modern award minimum wages: see subsection 284(3).

modern award powers: see subsection 134(2).

modern awards objective: see subsection 134(1).

modern enterprise award: see subsection 168A(2).

modern enterprise awards objective: see subsection 168B(1).

modifications includes additions, omissions and substitutions.

multi‑enterprise agreement means an enterprise agreement made as referred to in subsection 172(3).

MySuper product: see subsection 23A(1).

named employer award: see subsection 312(2).

National Employment Standards: see subsection 61(3).

national minimum wage order means a national minimum wage order made in an annual wage review.

national system employee: see section 13.

Note 1: Sections 30C and 30M extend the meaning of national system employee in relation to a referring State.

Note 2: See also Division 2 of Part 6‑4A (TCF contract outworkers taken to be employees in certain circumstances).

national system employer: see section 14.

Note 1: Sections 30D and 30N extend the meaning of national system employer in relation to a referring State.

Note 2: See also Division 2 of Part 6‑4A (TCF contract outworkers taken to be employees in certain circumstances).

new employer:

  1. (a)

    in relation to a transfer of business referred to in Part 2‑8—see subsection 311(1); and

  2. (b)

    in relation to a transfer of business referred to in Part 6‑3A—see subsection 768AD(1).

nominal expiry date:

  1. (a)

    of an enterprise agreement approved under section 186, means the date specified in the agreement as its nominal expiry date; or

  2. (b)

    of an enterprise agreement approved under section 189 (which deals with agreements that do not pass the better off overall test): see subsection 189(4); or

  3. (c)

    of a workplace determination, means the date specified in the determination as its nominal expiry date; or

  4. (d)

    of a copied State employment agreement: see subsection 768AO(5).

non‑excluded matters: see subsection 27(2).

non‑member record or document: see subsection 482(2A).

non‑monetary benefits: see subsection 332(3).

non‑national system employee means an employee who is not a national system employee.

non‑national system employer means an employer that is not a national system employer.

non‑transferring employee:

  1. (a)

    in relation to a transfer of business referred to in Part 2‑8—see subsection 314(2); and

  2. (b)

    in relation to a transfer of business referred to in Part 6‑3A—see subsection 768BG(2).

notification time for a proposed enterprise agreement: see subsection 173(2).

notified negotiation period for a proposed single‑enterprise agreement that is a greenfields agreement: see section 178B.

notional flexible period: see subsection 72A(6).

objectionable emergency management term of an enterprise agreement: see section 195A.

objectionable term means a term that:

  1. (a)

    requires, has the effect of requiring, or purports to require or have the effect of requiring; or

  2. (b)

    permits, has the effect of permitting, or purports to permit or have the effect of permitting;

either of the following:

  1. (c)

    a contravention of Part 3‑1 (which deals with general protections);

  2. (d)

    the payment of a bargaining services fee.

occupier,of premises, includes a person in charge of the premises.

offence against this Act, or a particular provision of this Act, includes a reference to an offence against a related offence provision.

Note: See also section 11.6 of the Criminal Code.

office, in an industrial association, means:

  1. (a)

    an office of president, vice president, secretary or assistant secretary of the association; or

  2. (b)

    the office of a voting member of a collective body of the association, being a collective body that has power in relation to any of the following functions:

    1. (i)

      the management of the affairs of the association;

    2. (ii)

      the determination of policy for the association;

    3. (iii)

      the making, alteration or rescission of rules of the association;

    4. (iv)

      the enforcement of rules of the association, or the performance of functions in relation to the enforcement of such rules; or

  3. (c)

    an office the holder of which is, under the rules of the association, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:

    1. (i)

      existing policy of the association; or

    2. (ii)

      decisions concerning the association; or

  4. (d)

    an office the holder of which is, under the rules of the association, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or

  5. (e)

    the office of a person holding (whether as trustee or otherwise) property:

    1. (i)

      of the association; or

    2. (ii)

      in which the association has a beneficial interest.

Office of the Fair Work Ombudsman means the body established by section 696.

officer, of an industrial association, means:

  1. (a)

    an official of the association; or

  2. (b)

    a delegate or other representative of the association.

official, of an industrial association, means a person who holds an office in, or is an employee of, the association.

old employer, in relation to a transfer of business: see subsection 311(1).

old State employer: see subsection 768AD(1).

opt out notice: see subsection 15AB(8).

ordinary hours of workof an award/agreement free employee: see section 20.

organisation means an organisation registered under the Registered Organisations Act.

original State agreement, in relation to a copied State employment agreement: see paragraph 768AK(1)(a).

original State award, in relation to a copied State award: see paragraph 768AI(1)(a).

outworker means:

  1. (a)

    an employee who, for the purpose of the business of his or her employer, performs work at residential premises or at other premises that would not conventionally be regarded as being business premises; or

  2. (b)

    an individual who, for the purpose of a contract for the provision of services, performs work:

    1. (i)

      in the textile, clothing or footwear industry; and

    2. (ii)

      at residential premises or at other premises that would not conventionally be regarded as being business premises.

outworker entity means any of the following entities, other than in the entity’s capacity as a national system employer:

  1. (a)

    a constitutional corporation;

  2. (b)

    the Commonwealth;

  3. (c)

    a Commonwealth authority;

  4. (d)

    a body corporate incorporated in a Territory;

  5. (e)

    a person so far as:

    1. (i)

      the person arranges for work to be performed for the person (either directly or indirectly); and

    2. (ii)

      the work is of a kind that is often performed by outworkers; and

    3. (iii)

      the arrangement is connected with a Territory.

    Note: Sections 30F and 30Q extend the meaning of outworker entity in relation to a referring State.

outworker terms: see subsection 140(3).

paid agent, in relation to a matter before the FWC, means an agent (other than a bargaining representative) who charges or receives a fee to represent a person in the matter.

paid annual leave means paid annual leave to which a national system employee is entitled under section 87.

paid family and domestic violence leave means paid family and domestic violence leave to which a national system employee is entitled under section 106A.

paid no safe job leave means paid no safe job leave to which a national system employee is entitled under section 81A.

paid personal/carer’s leave means paid personal/carer’s leave to which a national system employee is entitled under section 96.

paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).

part deferral declaration, in relation to a minimum standards order: see subsection 536KQA(2).

part deferral declaration, in relation to a road transport contractual chain order: see subsection 536PU(2).

part deferral determination, in relation to a road transport minimum standards order:see subsection 536KQJ(2).

part deferral determination, in relation to a road transport contractual chain order:see subsection 536QB(2).

partial work ban: see subsection 470(3).

part of a single enterprise: see subsection 168A(6).

part suspension declaration, in relation to a minimum standards order: see subsection 536KQD(2).

part suspension declaration, in relation to a road transport contractual chain order: see subsection 536PX(2).

part suspension determination, in relation to a road transport minimum standards order: see subsection 536KQP(2).

part suspension determination, in relation to a road transport contractual chain order: see subsection 536QG(2).

passes the better off overall test:

  1. (a)

    in relation to an enterprise agreement that is not a greenfields agreement: see subsection 193(1); and

  2. (b)

    in relation to a greenfields agreement: see subsection 193(3).

pattern bargaining: see section 412.

peak council means a national or State council or federation that is effectively representative of a significant number of organisations(within the ordinary meaning of the term) representing employers or employees in a range of industries.

pecuniary penalty order means an order under subsection 546(1).

penalty unit has the meaning given by section 4AA of the Crimes Act 1914.

period of employment: see section 384.

permissible occasion: see sections 102 and 104.

permit holder means a person who holds an entry permit.

permit qualification matters: see subsection 513(1).

permitted matters in relation to an enterprise agreement: see subsection 172(1).

pieceworker: see section 21.

pilot, in relation to an aircraft, includes a pilot in command, co‑pilot or pilot of any other description.

post‑declaration negotiating period: see subsection 235A(1).

post‑industrial action negotiating period: see subsection 266(3).

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c 118..........................................

ad No 2, 2024

c 119..........................................

ad No 2, 2024

c 120..........................................

ad No 2, 2024

Division 3

c 121..........................................

ad No 2, 2024

c 122..........................................

ad No 2, 2024

Part 18

Part 18.......................................

ad No 2, 2024

Division 1

c 123..........................................

ad No 2, 2024

Division 2

c 124..........................................

ad No 2, 2024

c 125..........................................

ad No 2, 2024

c 126..........................................

ad No 2, 2024

Part 19

Part 19.......................................

ad No 37, 2025

c 127..........................................

ad No 37, 2025

Schedule 2

Schedule 2..................................

ad No 175, 2012

c 1.............................................

ad No 175, 2012

c 2.............................................

ad No 175, 2012

Schedule 3

Schedule 3..................................

ad No 174, 2012

Part 1

c 1.............................................

ad No 174, 2012

Part 2

c 2.............................................

ad No 174, 2012

c 2A...........................................

ad No 174, 2012 (as am by No 89, 2013)

c 2B...........................................

ad No 174, 2012 (as am by No 89, 2013)

Part 3

c 3.............................................

ad No 174, 2012

Part 4

c 4.............................................

ad No 174, 2012

c 5.............................................

ad No 174, 2012

c 6.............................................

ad No 174, 2012

c 7.............................................

ad No 174, 2012

c 8.............................................

ad No 174, 2012

Part 5

c 9.............................................

ad No 174, 2012

Part 6

c 10...........................................

ad No 174, 2012

c 11...........................................

ad No 174, 2012

c 12...........................................

ad No 174, 2012

c 13...........................................

ad No 174, 2012

Part 7

c 14...........................................

ad No 174, 2012

c 15...........................................

ad No 174, 2012

c 16...........................................

ad No 174, 2012

Part 8

c 17...........................................

ad No 174, 2012

c 18...........................................

ad No 174, 2012

c 19...........................................

ad No 174, 2012

c 20...........................................

ad No 174, 2012

c 21...........................................

ad No 174, 2012

c 22...........................................

ad No 174, 2012

c 23...........................................

ad No 174, 2012

Part 9

c 24...........................................

ad No 174, 2012

c 25...........................................

ad No 174, 2012

c 26...........................................

ad No 174, 2012

c 27...........................................

ad No 174, 2012

c 28...........................................

ad No 174, 2012

c 29...........................................

ad No 174, 2012

c 30...........................................

ad No 174, 2012

Part 10

c 31...........................................

ad No 174, 2012

Part 11

c 32...........................................

ad No 174, 2012

am No 126, 2015

Schedule 4

Schedule 4..................................

ad No 73, 2013

Part 1

c 1.............................................

ad No 73, 2013

Part 2

c 2.............................................

ad No 73, 2013

c 3.............................................

ad No 73, 2013

c 4.............................................

ad No 73, 2013

c 5.............................................

ad No 73, 2013

c 6.............................................

ad No 73, 2013

Part 3

c 7.............................................

ad No 73, 2013

Part 4

c 8.............................................

ad No 73, 2013

Part 4A

c 8A...........................................

ad No 73, 2013

Part 5

c 9.............................................

ad No 73, 2013

Part 6

c 10...........................................

ad No 73, 2013

Part 7

c 11...........................................

ad No 73, 2013

Schedule 5

Schedule 5..................................

ad No 156, 2015

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