Fair Work Regulations 2009 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
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.
For more information about any editorial changes made in this compilation, see the endnotes.
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. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
These Regulations are the
Fair Work Regulations 2009 .
In these Regulations:
Act means theFair Work Act 2009 .
folio means 72 words.Note: Schedule 3.1 sets out certain charges that may be incurred per folio. There are generally 3 folios to a page.
high performance sport : see subregulation 2.15(4).
performance support professional : see subregulation 2.15(2).
philanthropic entity means an entity registered under theAustralian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in a year.
WHS entry permit has the same meaning as in theWork Health and Safety Act 2011 .
For paragraph (f) of the definition of
designated outworker term in section 12 of the Act, each of the following terms is prescribed:
(a) a term that deals with the filing of records about work to which outworker terms of a modern award apply;
(b) a term that deals with the provision of materials;
(c) a term that is incidental to a designated outworker term, including a term dealing with the observance of the award.
For the purposes of paragraph (d) of the definition of
eligible State or Territory court in section 12 of the Act, the following courts are prescribed:
(a) the Industrial Court of New South Wales;
(b) the South Australian Employment Court.
For the definition of
prescribed State industrial authority in section 12 of the Act, the following State tribunals are prescribed:
(a) the Industrial Relations Commission of New South Wales;
(b) the Queensland Industrial Relations Commission;
(c) the Western Australian Industrial Relations Commission;
(d) the South Australian Employment Tribunal;
(e) the Tasmanian Industrial Commission.
(1) For the purposes of the definition of
serious misconduct in section 12 of the Act, serious misconduct has its ordinary meaning.
Examples of serious misconduct—employees
(2) For the purposes of subregulation (1), conduct that is serious misconduct includes the following conduct of an employee:
(a) wilful or deliberate behaviour that is inconsistent with the continuation of the contract of employment;
(b) conduct that causes serious and imminent risk to:
(i) the health or safety of a person; or
(ii) the reputation, viability or profitability of the employer’s business;
(c) engaging in theft, fraud, assault or sexual harassment in the course of the employee’s employment;
(d) being intoxicated at work;
(e) refusing to carry out a lawful and reasonable instruction that is consistent with the employee’s contract of employment.
(3) Paragraphs (2)(c) to (e) do not apply if the employee is able to show that, in the circumstances, the conduct engaged in by the employee was not conduct that made employment in the period of notice unreasonable.
Examples of serious misconduct—employee‑like workers
(4) For the purposes of subregulation (1), conduct that is serious misconduct includes the following conduct of an employee‑like worker performing digital platform work through or by means of a digital labour platform, or under a services contract arranged or facilitated through or by means of a digital labour platform:
(a) wilful or deliberate behaviour that is inconsistent with:
(i) the employee‑like worker continuing to perform that work; or
(ii) the employee‑like worker’s continued access to that digital labour platform;
(b) conduct that causes serious and imminent risk to:
(i) the health or safety of a person; or
(ii) the reputation, viability or profitability of the digital labour platform operator;
(c) engaging in theft, fraud, assault or sexual harassment in the course of performing that work or in relation to accessing that digital labour platform;
(d) being intoxicated in the course of performing that work;
(e) refusing to carry out a lawful and reasonable instruction that is consistent with:
(i) the employee‑like worker continuing to perform that work; or
(ii) the employee‑like worker’s continued access to that digital labour platform.
Examples of serious misconduct—regulated road transport contractors
(5) For the purposes of subregulation (1), conduct that is serious misconduct includes the following conduct of a regulated road transport contractor performing work under a services contract:
(a) wilful or deliberate behaviour that is inconsistent with the continuation of the services contract;
(b) conduct that causes serious and imminent risk to:
(i) the health or safety of a person; or
(ii) the reputation, viability or profitability of a road transport business that is a party to the services contract;
(c) engaging in theft, fraud, assault or sexual harassment in the course of performing that work;
(d) being intoxicated in the course of performing that work;
(e) refusing to carry out a lawful and reasonable instruction that is consistent with the services contract.
When a person is taken to be intoxicated
(6) For the purposes of paragraphs (2)(d), (4)(d) and (5)(d), a person (the
worker ) is taken to be intoxicated if the worker’s faculties are, by reason of the worker being under the influence of intoxicating liquor or a drug (except a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug), so impaired that the worker is unfit to be entrusted with the worker’s duties or with any duty that the worker may be called upon to perform.
For the definition of
TCF award in section 12 of the Act, each instrument mentioned in the following table is prescribed.
1 | Clothing Trades Award 1999 |
2 | Felt Hatting Industry Award 1999 |
3 | Footwear Industries Award 2000 |
4 | Notional Agreements Preserving the State Award that includes terms and conditions derived from the New South Wales Clothing Trades (State) Award, The |
5 | Notional Agreements Preserving the State Award that includes terms and conditions derived from the New South Wales Footwear Manufacturing Industry (State) Award, The |
6 | Notional Agreements Preserving the State Award that includes terms and conditions derived from the New South Wales Textile Industry (State) Award, The |
7 | Notional Agreements Preserving the State Award that includes terms and conditions derived from the Queensland Clothing Trades Award—Southern and Central Divisions 2003, The |
8 | Notional Agreements Preserving the State Award that includes terms and conditions derived from the Queensland Clothing Trades Award—State (Excluding South‑East Queensland) 2003, The |
9 | Notional Agreements Preserving the State Award that includes terms and conditions derived from the Queensland Footwear Manufacturing Award—State 2005, The |
10 | Notional Agreements Preserving the State Award that includes terms and conditions derived from the Queensland Surgical Bootmaking, Bespoke Bootmaking and Boot Repairing Award—State 2003, The |
11 | Notional Agreements Preserving the State Award that includes terms and conditions derived from the South Australian Boot and Shoe Award 2006, The |
12 | Notional Agreements Preserving the State Award that includes terms and conditions derived from the South Australian Clothing Trades Award, The |
13 | Notional Agreements Preserving the State Award that includes terms and conditions derived from the Tasmanian Bootmakers Award, The |
14 | Notional Agreements Preserving the State Award that includes terms and conditions derived from the Tasmanian Clothing Industry Award, The |
15 | Notional Agreements Preserving the State Award that includes terms and conditions derived from the Tasmanian Textile Award, The |
16 | Notional Agreements Preserving the State Award that includes terms and conditions derived from the Western Australian Bag, Sack and Textile Award, The |
17 | Notional Agreements Preserving the State Award that includes terms and conditions derived from the Western Australian Bespoke Bootmakers’ and Repairers’ Award No. 4 of 1946, The |
18 | Notional Agreements Preserving the State Award that includes terms and conditions derived from the Western Australian Clothing Trades Award 1973, The |
19 | Textile Industry Award 2000 |
20 | Textile, Clothing, Footwear and Associated Industries Award 2010 |
(1) For the purposes of subsection 15C(1) of the Act, this regulation:
(a) prescribes the amount of the contractor high income threshold for the year starting on 1 July 2024; and
(b) sets out the manner in which the contractor high income threshold is to be worked out for a later year starting on 1 July.
Amount for year starting on 1 July 2024
(2) The amount for the year starting on 1 July 2024 is $175,000.
Amount for a later year
(3) The amount for the year starting on 1 July 2025, or a later year starting on 1 July, is:
(a) for the year starting on 1 July 2025—the amount for the year starting on 1 July 2024, indexed using the following method statement; or
(b) for a later year—the amount worked out under this subregulation for the previous year, indexed using the following method statement.
Method statement Step 1. Identify the assessment of current average weekly ordinary time earnings published by the Australian Statistician and in effect on 1 July in the current year.
Note: This is the amount of the average weekly ordinary time earnings, seasonally adjusted, for full‑time adult employees of all employers in Australia for that day.
Step 2. Divide it by the assessment of current average weekly ordinary time earnings published by the Australian Statistician and in effect on 1 July of the previous year.
Note: This is the amount of the average weekly ordinary time earnings, seasonally adjusted, for full‑time adult employees of all employers in Australia for that day.
Step 3. Round the result to 3 decimal places. If the fourth decimal place is 5 or above, round it up.
If the rounded result is less than 1, the rounded result becomes 1.
Multiply the amount referred to in paragraph (a) or (b) (as the case may be) for the previous year by the rounded result.
If the result is not a multiple of $100, round the result to the nearest multiple of $100. If the result is a multiple of $50, round it up to the next multiple of $100.
The result is the amount for the year.
(1) The following industries are prescribed for the purposes of paragraph 15RA(3)(d) of the Act:
(a) the industry that would comprise the road transport and distribution industry (within the meaning of the Road Transport and Distribution Award 2020 as in force on 1 July 2024), to the extent it would relate to transporting or otherwise dealing with livestock covered by subregulation (2), if the references in that award to “livestock” covered all such livestock;
(b) the industry that would comprise the private transport industry (within the meaning of the Road Transport (Long Distance Operations) Award 2020 as in force on 1 July 2024) engaged in long distance operations (within the meaning of that award), to the extent it would relate to transporting or otherwise dealing with livestock covered by subregulation (2), if the references in that award to “livestock” covered all such livestock.
(2) This subregulation covers cattle, sheep, goats, pigs, horses, poultry, emus, ostrich, alpaca, deer, camels and buffalo.
(1) For the purposes of paragraph 15S(1)(a) of the Act, the Road Transport and Distribution Award 2020, as in force on 1 July 2024, is taken not to apply in relation to transporting or otherwise dealing with livestock covered by subregulation 1.08A(2).
(2) For the purposes of paragraph 15S(1)(b) of the Act, the Road Transport (Long Distance Operations) Award 2020, as in force on 1 July 2024, is taken not to apply in relation to transporting or otherwise dealing with livestock covered by subregulation 1.08A(2).
(1) For paragraph 16(2)(c) of the Act, this regulation provides for the determination of the base rate of pay for the purposes of the National Employment Standards for a national system employee who is an award/agreement free employee and a pieceworker.
Note: The Act defines
award/ agreement free employee in section 12 andpieceworker in section 21.(2) The base rate of pay, expressed as an hourly rate of pay, is worked out using the formula:
where:
TA is the total amount earned by the employee during the relevant period.
TH is the total hours worked by the employee during the relevant period.the
relevant period is:
(a) for an employee who was continuously employed by the employer for a period of 12 months or more immediately before the base rate of pay is to be worked out—the 12 months before the rate is to be worked out; or
(b) for an employee who was continuously employed by the employer for a period of less than 12 months immediately before the base rate of pay is to be worked out—that period.
(1) For subsection 16(3) of the Act, this regulation provides for the determination of the base rate of pay for the purpose of section 206 of the Act for a pieceworker who is covered by a modern award.
Note: Section 206 of the Act deals with an employee’s base rate of pay under an enterprise agreement
(2) The base rate of pay is the rate in the modern award identified as the base rate of pay for the purposes of the National Employment Standards.
(1) For subsection 20(4) of the Act, this regulation provides for the determination of hours that are taken to be the usual weekly hours of work of an award/agreement free employee who:
(a) is not a full‑time employee; and
(b) does not have usual weekly hours of work.
Note: Under section 20 of the Act, the usual weekly hours of work of an award/agreement free employee are relevant to establishing the employee’s ordinary hours of work.
(2) To work out the usual weekly hours of work for an employee who has been employed by the employer for at least 4 weeks:
(a) identify the total number of hours that the employee has worked during the previous 4 completed weeks; and
(b) divide the result by 4.
(3) To work out the usual weekly hours of work for an employee who has been employed by the employer for less than 4 weeks:
(a) identify the total number of hours that the employee has worked during the period; and
(b) divide the result by the number of completed weeks for which the employee has been employed by the employer.
(1) For paragraph 21(1)(c) of the Act, this regulation prescribes a class of award/agreement free employees as pieceworkers.
Note: Under paragraph 21(1)(c) of the Act, a pieceworker is an award/agreement free employee who is in a class of employees prescribed by the regulations as pieceworkers.
(2) The class is award/agreement free employees who:
(a) are paid a rate set by reference to a quantifiable output or task; and
(b) are not paid a rate set by reference to a period of time worked.
Examples of rates set by reference to a quantifiable output or task
1 A rate of pay calculated by reference to the number of articles produced.
2 A rate of pay calculated by reference to the number of kilometres travelled.
3 A rate of pay calculated by reference to the number of articles delivered.
4 A rate of pay calculated by reference to the number of articles sold.
5 A rate of pay calculated by reference to the number of tasks performed.
For paragraph 27(1)(b) of the Act, each of the following laws of a State or Territory is a law to which section 26 of the Act does not apply:
(a) a law dealing with the suspension, cancellation or termination of a training contract;
(aa) a law dealing with the suspension, cancellation or termination of a contract of employment that is:
(i) associated with a training contract; and
(ii) entered into as part of a training arrangement;
(b) a law dealing with a period of probation of an employee that:
(i) is part of a training arrangement; but
(ii) is not a period of probationary employment;
(c) a law that provides protection for an employee who discloses information or makes a complaint under a law that deals with any of the following:
(i) whistleblowers;
(ii) environmental protection;
(iii) health services;
(iv) transport safety or operations;
(v) the supply of essential services.
Note: Under subsection 27(1) of the Act, section 26 of the Act does not apply to a law of a State or Territory so far as the law is prescribed by the regulations as a law to which section 26 does not apply.
For subsection 28(1) of the Act, each of the following laws of a State or Territory is prescribed:
(a) a law relating to child labour, to the extent to which it deals with terms and conditions of employment that:
(i) are provided for by the National Employment Standards; or
(ii) may be included in a modern award; or
(iii) may be included in an enterprise agreement under section 55 of the Act;
but not to the extent to which it deals with the times at which, or the periods during which, a child may be employed;
(b) a law relating to training arrangements, to the extent to which it deals with terms and conditions of employment that:
(i) are provided for by the National Employment Standards; or
(ii) may be included in a modern award; or
(iii) may be included in an enterprise agreement under section 55 of the Act;
(c) the
Contracts Review Act 1980 of New South Wales, to the extent to which it relates to contracts of employment.
Note: Under subsection 28(1) of the Act, the Act is intended to apply to the exclusion of a law of a State or Territory that is prescribed by the regulations.
For subsection 29(3) of the Act, each of the following laws of a State or Territory is prescribed:
(a) a law relating to child labour, to the extent to which it deals with terms and conditions of employment that:
(i) are provided for by the National Employment Standards; or
(ii) may be included in a modern award; or
(iii) may be included in an enterprise agreement under section 55 of the Act;
but not to the extent to which it deals with the times at which, or the periods during which, a child may be employed;
(b) a law relating to training arrangements, to the extent to which it deals with terms and conditions of employment that:
(i) are provided for by the National Employment Standards; or
(ii) may be included in a modern award; or
(iii) may be included in an enterprise agreement under section 55 of the Act;
(c) the
Contracts Review Act 1980 of New South Wales, to the extent that it relates to contracts of employment.Note: Under subsection 29(3) of the Act, a term of a modern award or enterprise agreement does not apply subject to a law of a State or Territory that is prescribed by the regulations as a law to which modern awards and enterprise agreements are not subject.
For paragraph (e) of the definition of
State public sector employer in section 30A of the Act, the following kinds of employers are specified:
(a) an employer:
(i) that is a public entity within the meaning of the
Public Administration Act 2004 of Victoria; and(ii) to which paragraphs (a), (b) and (c) of the definition of
State public sector employer do not apply;(b) an employer:
(i) that is a special body within the meaning of the
Public Administration Act 2004 of Victoria; and(ii) to which paragraphs (a), (b) and (c) of the definition of
State public sector employer do not apply.
In this Division:
coastal trading has the meaning given by section 7 of theCoastal Trading (Revitalising Australian Shipping) Act 2012 .
continuous voyage permit :
(a) means a continuing permit issued under section 286 of the
Navigation Act 1912 as in force immediately before 1 July 2012; and(b) includes a continuing permit granted in relation to an application to which paragraphs 5(a) and (b) of Schedule 2 to the
Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012 apply.
emergency licence has the meaning given by subsection 6(1) of theCoastal Trading (Revitalising Australian Shipping) Act 2012 .
emergency licensed ship means a ship used to undertake a voyage authorised by an emergency licence.
general licence has the meaning given by subsection 6(1) of theCoastal Trading (Revitalising Australian Shipping) Act 2012 .
general licensed ship means a ship:
(a) in relation to which a general licence has been issued and is in force; and
(b) which engages in coastal trading under the licence.
innocent passage has the meaning it has under the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.
majority Australian‑crewed ship means a ship (other than an Australian ship, an emergency licensed ship, a general licensed ship, a transitional general licensed ship or a temporary licensed ship) of which:
(a) the majority of the crew are residents of Australia; and
(b) the operator:
(i) is a resident of Australia; or
(ii) has its principal place of business in Australia, or
(iii) is incorporated in Australia.
single voyage permit :
(a) means a single voyage permit issued under section 286 of the
Navigation Act 1912 as in force immediately before 1 July 2012; and(b) includes a single voyage permit granted in relation to an application to which paragraphs 5(a) and (b) of Schedule 2 to the
Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012 apply.
temporary licence has the meaning given by subsection 6(1) of theCoastal Trading (Revitalising Australian Shipping) Act 2012 .
temporary licensed ship means a ship:
(a) that is used to undertake a voyage authorised by a temporary licence; and
(b) to which one of the following applies:
(i) within 12 months before commencing the voyage, the ship commenced at least 2 other voyages authorised by a temporary licence;
(ii) within 12 months before commencing the voyage:
(A) the ship commenced at least one other voyage authorised by a temporary licence; and
(B) was issued with a single voyage permit;
(iii) within 12 months before commencing the voyage, the ship was issued with at least 2 single voyage permits;
(iv) within 15 months before commencing the voyage, the ship was issued with a continuous voyage permit.
transitional general licence means a licence issued under Division 1 of Part 4 of theCoastal Trading (Revitalising Australian Shipping) Act 2012 following an application made under item 10 of Schedule 2 to theCoastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012 .
transitional general licensed ship means a ship:
(a) in relation to which a transitional general licence has been issued and is in force; and
(b) which engages in coastal trading under the licence.
transit passage has the meaning it has under the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.
WA government employer means a public sector body (within the meaning of thePublic Sector Management Act 1994 (WA) as in force at the commencement of Schedule 1 to theFair Work Amendment (Christmas Island and Cocos (Keeling) Islands) Regulations 2018 ). However, to avoid doubt, the Shire of Christmas Island and the Shire of Cocos (Keeling) Islands are not WA government employers.
For paragraph 35(1)(g) of the Act, the employer of a person who is a member of the crew performing duties on a majority Australian‑crewed ship is prescribed as an Australian employer.
For section 32 of the Act, the Act does not apply in relation to all the waters of the sea on the landward side of the outer limits of the territorial sea of Australia, including such waters within the limits of a State or Territory to the extent to which its application would be inconsistent with a right of innocent passage or transit passage being exercised by a ship other than:
(a) an emergency licensed ship; or
(b) a general licensed ship; or
(c) a temporary licensed ship; or
(d) a transitional general licensed ship; or
(e) a majority Australian‑crewed ship.
For the purposes of section 32 of the Act, the Act applies in relation to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands as if:
(a) paragraph 14(1)(f) of the Act did not apply to the extent it would make a WA government employer a national system employer; and
(b) Part 3‑1 of the Act did not apply to action taken in the Territory by or in relation to:
(i) a WA government employer that would be a national system employer but for paragraph (a); or
(ii) an individual so far as he or she is employed, or usually employed, by a WA government employer mentioned in subparagraph (i); and
(c) paragraph 789FD(3)(b) of the Act did not apply to a business or undertaking conducted in the Territory by a WA government employer.
Note 1: Paragraph (a) does not prevent provisions of the Act applying in relation to a WA government employer as a non‑national system employer (see for example Parts 6‑3 and 6‑4 of the Act).
Note 2: Paragraph (c) does not prevent Part 6‑4B of the Act applying in relation to a business or undertaking conducted by a WA government employer that is a constitutional corporation: see subparagraph 789FD(3)(a)(i) of the Act.
(1) For subsection 33(3) of the Act, the Act is extended to and in relation to each of the following ships in the exclusive economic zone or the waters above the continental shelf:
(a) an emergency licensed ship;
(b) a general licensed ship;
(c) a temporary licensed ship;
(d) a transitional general licensed ship.
(2) For subsection 33(3) of the Act, the Act is extended to and in relation to a majority Australian‑crewed ship in the exclusive economic zone or the waters above the continental shelf.
Note: The extension of this Act to emergency licensed ships, general licensed ships, temporary licensed ships, transitional general licensed ships and majority Australian‑crewed ships in the exclusive economic zone and the waters above the continental shelf (including provisions relating to compliance and enforcement, administration and right of entry by reason of the extension of the rest of the Act, so far as it relates to the specified provisions) is subject to:
(a) Australia’s international obligations relating to foreign ships; and
(b) the concurrent jurisdiction of a foreign State.
(1) For subsection 34(3) of the Act, the Act is extended to:
(a) an Australian employer; and
(b) an Australian‑based employee;
in relation to the Australian Antarctic Territory.
(2) For subsection 34(3) of the Act, the provisions of the Act mentioned in the following table, and the rest of the Act so far as it relates to those provisions, are extended to:
(a) an Australian employer in relation to the employer’s Australian‑based employees; and
(b) an Australian‑based employee in relation to the employee’s employer if the same enterprise agreement applies to both of them;
in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.
1 | Part 2‑1—core provisions for Chapter 2 |
2 | Part 2‑2—the National Employment Standards |
3 | Part 2‑3—modern awards |
4 | Part 2‑6—minimum wages |
5 | Part 2‑7—equal remuneration |
6 | Part 2‑8—transfer of business |
7 | Part 2‑9—other terms and conditions of employment |
(3) For subsection 34(3) of the Act, the provisions of the Act mentioned in the following table, and the rest of the Act so far as it relates to those provisions, are extended to:
(a) an Australian employer in relation to the employer’s Australian‑based employees; and
(b) an Australian‑based employee in relation to the employee’s employer;
in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.
1 | Part 2‑1—core provisions for Chapter 2 |
2 | Part 2‑4—enterprise agreements |
3 | Part 2‑5—workplace determinations |
4 | Part 3‑3—industrial action |
(4) For subsection 34(3) of the Act, Part 3‑1 of the Act, and the rest of the Act so far as it relates to that Part, are extended to:
(a) an Australian employer; and
(b) an Australian‑based employee;
in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.
Note: Part 3‑1 of the Act relates to general protections.
(5) For subsection 34(3) of the Act, Part 3‑2 of the Act, and the rest of the Act so far as it relates to that Part, are extended to an Australian‑based employee in relation to the employee’s Australian employer in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.
Note: Part 3‑2 of the Act relates to unfair dismissal.
(6) For subsection 34(3) of the Act, Part 3‑5 of the Act, and the rest of the Act so far as it relates to that Part, are extended to an Australian employer in relation to the employer’s Australian‑based employees in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.
Note 1: Part 3‑5 of the Act relates to stand down.
Note 2: Provisions of the Act that are specified as extending beyond the exclusive economic zone and the continental shelf (including provisions relating to compliance and enforcement, administration and right of entry by reason of the extension of the rest of the Act, so far as it relates to the specified provisions) are subject to:
(a) Australia’s international obligations relating to foreign ships; and
(b) the concurrent jurisdiction of a foreign State.
The amendments of regulations 1.15B, 1.15D and 1.15E made by Schedule 1 to the
Fair Work Amendment Regulation 2012 (No. 2) do not apply in relation to:
(a) a licensed ship within the meaning of regulation 1.15B as in force immediately before the commencement of the
Fair Work Amendment Regulation 2012 (No. 2) ; or(b) a permit ship within the meaning of regulation 1.15B as in force immediately before the commencement of the
Fair Work Amendment Regulation 2012 (No. 2) .
For paragraph 40(2)(b) of the Act, a fair work instrument or a term of a fair work instrument (other than an FWC order or a term of an FWC order) is prescribed for the purposes of the following laws:
(a) an ordinance made under the
Seat of Government (Administration) Act 1910 that:
(i) deals with public sector employment; and
(ii) was, immediately before the repeal of the
Workplace Relations Act 1996 , inconsistent with that Act or an agreement, award order or determination made under that Act;(b) an enactment, within the meaning of the
Australian Capital Territory (Self‑Government) Act 1988 , that:
(i) deals with public sector employment; and
(ii) was, immediately before the repeal of the
Workplace Relations Act 1996 , inconsistent with that Act or an agreement, award order or determination made under that Act;(c) a determination mentioned in paragraph 53(6)(b) of the
Northern Territory (Self‑Government) Act 1978 that was, immediately before the repeal of theWorkplace Relations Act 1996 , inconsistent with an award or workplace agreement (within the meaning of theWorkplace Relations Act 1996 ).Note: Under subsection 40(2) of the Act, fair work instruments, or terms of fair work instruments, that deal with public sector employment prevail over the public sector employment laws as described in that subsection.
For the purposes of subsection 72A(1) of the Act, the following higher number of days is prescribed:
(a) if the date of birth or day of placement of the child is during the period starting on 1 July 2024 and ending on 30 June 2025—110 days of flexible unpaid parental leave in relation to the child;
(b) if the date of birth or day of placement of the child is during the period starting on 1 July 2025 and ending on 30 June 2026—120 days of flexible unpaid parental leave in relation to the child;
(c) if the date of birth or day of placement of the child is on or after 1 July 2026—130 days of flexible unpaid parental leave in relation to the child.
Note: For a date of birth or day of placement of a child before 1 July 2024, see subsection 72A(1) of the Act.
(1) For subsection 124(4) of the Act, a Fair Work Information Statement must contain an explanation of the effect on an employee’s entitlements under the National Employment Standards if:
(a) the transfer of a business occurs as described in section 311 of the Act; and
(b) the employee becomes a transferring employee.
Note: Section 311 of the Act identifies the participants in the transfer of the business as including a “transferring employee”.
(2) For subsection 124(4) of the Act, a Fair Work Information Statement must set out the circumstances, described in subsections 65(1A) and (1B) of the Act, in which an employee may request a change in working arrangements.
(1) For subsection 124(4) of the Act, each of the following is a manner in which an employer may give the Fair Work Information Statement to an employee.
(2) The employer may give the Statement to the employee personally.
(3) The employer may send the Statement by pre‑paid post to:
(a) the employee’s residential address; or
(b) a postal address nominated by the employee.
(4) The employer may send the Statement to:
(a) the employee’s email address at work; or
(b) another email address nominated by the employee.
(5) The employer may send to the employee’s email address at work (or to another email address nominated by the employee):
(a) an electronic link to the page of the Fair Work Ombudsman’s website on which the Statement is located; or
(b) an electronic link that takes the employee directly to a copy of the Statement on the employer’s intranet.
(6) The employer may fax the Statement to:
(a) the employee’s fax number at work; or
(b) the employee’s fax number at home; or
(c) another fax number nominated by the employee.
(7) Subregulations (2) to (6) do not prevent the employer from using another manner of giving the Statement to the employee.
(1) For subsection 125A(4) of the Act, each of the following is a manner in which an employer may give the Casual Employment Information Statement to an employee.
(2) The employer may give the Statement to the employee personally.
(3) The employer may send the Statement by pre‑paid post to:
(a) the employee’s residential address; or
(b) a postal address nominated by the employee.
(4) The employer may send the Statement to:
(a) the employee’s email address at work; or
(b) another email address nominated by the employee.
(5) The employer may send to the employee’s email address at work (or to another email address nominated by the employee):
(a) an electronic link to the page of the Fair Work Ombudsman’s website on which the Statement is located; or
(b) an electronic link that takes the employee directly to a copy of the Statement on the employer’s intranet.
(6) The employer may fax the Statement to:
(a) the employee’s fax number at work; or
(b) the employee’s fax number at home; or
(c) another fax number nominated by the employee.
(7) Subregulations (2) to (6) do not prevent the employer from using another manner of giving the Statement to the employee.
For paragraph 129(a) of the Act, employers and award/agreement free employees may agree to the provision of either or both of:
(a) extra annual leave in exchange for foregoing an equivalent amount of pay; and
(b) extra personal/carer’s leave in exchange for foregoing an equivalent amount of pay.
(1) This regulation applies if:
(a) a person is employed by an employer on the basis that the person is a casual employee; and
(b) the employer pays the person an amount (the
loading amount ) that is clearly identifiable as an amount paid to compensate the person for not having one or more relevant NES entitlements during a period (theemployment period ); and(c) during all or some of the employment period, the person was in fact an employee other than a casual employee for the purposes of the National Employment Standards; and
(d) the person makes a claim to be paid an amount in lieu of one or more of the relevant NES entitlements.
Note 1: This regulation is intended to apply if the person has been mistakenly classified as a casual employee during all or some of the employment period.
Note 2: For the purposes of paragraph (b), examples of where it may be clearly identifiable that an amount is paid to compensate the person for not having one or more relevant NES entitlements include in correspondence, pay slips, contracts and relevant industrial instruments.
(2) To avoid doubt, the employer may make a claim to have the loading amount taken into account in determining any amount payable by the employer to the person in lieu of one or more relevant NES entitlements.
(3) This regulation does not affect the matters to which a court may otherwise have regard, at law or in equity, in determining an employer’s claim to have the loading amount taken into account.
(4) A reference in this regulation to a
relevant NES entitlement is a reference to an entitlement under the National Employment Standards that casual employees do not have.
(1) For subsection 173(5) of the Act, each of the following is a manner in which the employer for a proposed enterprise agreement may give employees who will be covered by the agreement notice of the right to be represented by a bargaining representative for the agreement.
(2) The employer may give the notice to the employee personally.
(3) The employer may send the notice by pre‑paid post to:
(a) the employee’s residential address; or
(b) a postal address nominated by the employee.
(4) The employer may send the notice to:
(a) the employee’s email address at work; or
(b) another email address nominated by the employee.
(5) The employer may send to the employee’s email address at work (or to another email address nominated by the employee) an electronic link that takes the employee directly to a copy of the notice on the employer’s intranet.
(6) The employer may fax the notice to:
(a) the employee’s fax number at work; or
(b) the employee’s fax number at home; or
(c) another fax number nominated by the employee.
(7) The employer may display the notice in a conspicuous location at the workplace that is known by and readily accessible to the employee.
(8) Subregulations (2) to (7) do not prevent the employer from using another manner of giving the notice to the employee.
For subsection 174(1A) of the Act, the notice of employee representational rights in Schedule 2.1 is prescribed.
A bargaining representative of an employee must be:
(a) free from control by the employee’s employer or another bargaining representative; and
(b) free from improper influence from the employee’s employer or another bargaining representative.
Disclosure by organisations that are bargaining representatives
(1) For the purposes of paragraph 179(4)(d) of the Act, the document must:
(a) set out the following for each section 179 disclosable benefit:
(i) the name of the person who will or can reasonably be expected to provide the benefit (if known by the organisation);
(ii) if it is not reasonably practicable to describe the amount of the benefit—the basis on which the amount is or will be determined; and
(b) be in the form set out in Schedule 2.1A.
Disclosure by employers
(2) For the purposes of paragraph 179A(3)(d) of the Act, the document must:
(a) set out the following for each section 179A disclosable benefit:
(i) the name of the person who will or can reasonably be expected to provide the benefit (if known by the employer);
(ii) if it is not reasonably practicable to describe the amount of the benefit—the basis on which the amount is or will be determined; and
(b) be in the form set out in Schedule 2.1A.
Note: Strict compliance with the form is not required and substantial compliance is sufficient: see section 25C of the
Acts Interpretation Act 1901 (as in force on 25 June 2009).
(1) For subsection 185(5) of the Act, this regulation prescribes the requirements for the signing of an enterprise agreement.
(2) For paragraph 185(2)(a) of the Act, a copy of an enterprise agreement is a signed copy only if:
(a) it is signed by:
(i) the employer covered by the agreement; and
(ii) at least 1 representative of the employees covered by the agreement; and
(b) it includes:
(i) the full name and address of each person who signs the agreement; and
(ii) an explanation of the person’s authority to sign the agreement.
Note: Paragraph 185(2)(a) of the Act requires an application for approval of an enterprise agreement to be accompanied by a signed copy of the agreement.
(3) Unless the representative of the employees covered by the agreement is an employee in a class of employees who will be bound by the agreement, the representative’s signature is not taken to indicate that the representative intends to be bound by the agreement.
For subsection 190(5) of the Act, an undertaking relating to a an enterprise agreement must be signed by each employer who gives the undertaking.
For subsection 202(5) of the Act, the model flexibility term for enterprise agreements is set out in Schedule 2.2.
For subsection 205(3) of the Act, the model consultation term is set out in Schedule 2.3.
(1) For subsection 210(4) of the Act, this regulation prescribes the requirements for the signing of a variation to an enterprise agreement.
(2) For paragraph 210(2)(a) of the Act, a copy of a variation to an enterprise agreement is a signed copy only if:
(a) it is signed by:
(i) the employer covered by the agreement as varied; and
(ii) at least 1 representative of the employees covered by the agreement as varied; and
(b) it includes:
(i) the full name and address of each person who signs the variation; and
(ii) an explanation of the person’s authority to sign the variation.
Note: Paragraph 210(2)(a) of the Act requires an application for approval of a variation to an enterprise agreement to be accompanied by a signed copy of the variation.
(3) Unless the representative of the employees covered by the agreement as varied is an employee in a class of employees who will be bound by the agreement as varied, the representative’s signature is not taken to indicate that the representative intends to be bound by the agreement as varied.
For subsection 212(4) of the Act, an undertaking relating to the variation of an enterprise agreement must be signed by each employer who gives the undertaking.
2.10A Approval of variations of enterprise agreements—modification of requirement to take into account statement of principles on genuine agreement
(1) For the purposes of subsection 211(6) of the Act, section 188 of the Act has effect with the modifications prescribed by this regulation for the purpose of the FWC deciding, in considering an application for the approval of a variation of an enterprise agreement, whether it is satisfied of the matter referred to in paragraph 211(1)(a) of the Act.
(2) In taking into account the statement of principles made under section 188B of the Act:
(a) the matter mentioned in paragraph 188B(3)(b) of the Act is taken to be a matter relating to the capacity of employees to be represented in relation to the proposed variation of the enterprise agreement; and
(b) the matters mentioned in paragraphs 188B(3)(a), (c), (d) and (e) of the Act are taken to be matters relating to the proposed variation of the enterprise agreement.
(1) For the purposes of subsection 216AA(4) of the Act, this regulation prescribes requirements relating to the signing of a variation of a supported bargaining agreement made jointly under section 216A of the Act by the employer who will be covered by the agreement if the variation is approved and the affected employees for the variation.
Note: Paragraph 216AA(2)(a) of the Act requires an application for approval of a variation of a supported bargaining agreement to add an employer and employees to be accompanied by a signed copy of the variation.
(2) The variation must be signed by the following:
(a) the employer or a person authorised by the employer to sign the variation on the employer’s behalf;
(b) at least 1 representative of the affected employees.
(3) The variation must include, for each person who signs the variation:
(a) the full name and address of the person; and
(b) an explanation of the person’s authority to sign the variation.
(4) Unless the representative of the affected employees is an affected employee, the representative’s signature is not taken to indicate that the representative intends to be bound by the agreement as varied.
(1) For the purposes of subsection 216B(3) of the Act, this regulation prescribes requirements relating to the signing of a variation of a supported bargaining agreement proposed by an employee organisation that is covered by the agreement.
Note: Paragraph 216B(2)(a) of the Act requires an application for approval of a variation of a supported bargaining agreement to add an employer and employees to be accompanied by a signed copy of the variation.
(2) The variation must be signed by the employee organisation.
(3) The variation must include, for each person who signs the variation:
(a) the full name and address of the person; and
(b) an explanation of the person’s authority to sign the variation.
(1) For the purposes of subsection 216CA(4) of the Act, this regulation prescribes requirements relating to the signing of a variation of a cooperative workplace agreement made jointly under section 216C of the Act by the employer who will be covered by the agreement if the variation is approved and the affected employees for the variation.
Note: Paragraph 216CA(2)(a) of the Act requires an application for approval of a variation of a cooperative workplace agreement to add an employer and employees to be accompanied by a signed copy of the variation.
(2) The variation must be signed by the following:
(a) the employer or a person authorised by the employer to sign the variation on the employer’s behalf;
(b) at least 1 representative of the affected employees.
(3) The variation must include, for each person who signs the variation:
(a) the full name and address of the person; and
(b) an explanation of the person’s authority to sign the variation.
(4) Unless the representative of the affected employees is an affected employee, the representative’s signature is not taken to indicate that the representative intends to be bound by the agreement as varied.
(1) For the purposes of subsection 216DA(4) of the Act, this regulation prescribes requirements relating to the signing of a variation of a single interest employer agreement made jointly under section 216D of the Act by the employer who will be covered by the agreement if the variation is approved and the affected employees for the variation.
Note: Paragraph 216DA(2)(a) of the Act requires an application for approval of a variation of a single interest employer agreement to add an employer and employees to be accompanied by a signed copy of the variation.
(2) The variation must be signed by the following:
(a) the employer or a person authorised by the employer to sign the variation on the employer’s behalf;
(b) at least 1 representative of the affected employees.
(3) The variation must include, for each person who signs the variation:
(a) the full name and address of the person; and
(b) an explanation of the person’s authority to sign the variation.
(4) Unless the representative of the affected employees is an affected employee, the representative’s signature is not taken to indicate that the representative intends to be bound by the agreement as varied.
(1) For the purposes of subsection 216DB(3) of the Act, this regulation prescribes requirements relating to the signing of a variation of a single interest employer agreement proposed by an employee organisation that is covered by the agreement.
Note: Paragraph 216DB(2)(a) of the Act requires an application for approval of a variation of a single interest employer agreement to add an employer and employees to be accompanied by a signed copy of the variation.
(2) The variation must be signed by the employee organisation.
(3) The variation must include, for each person who signs the variation:
(a) the full name and address of the person; and
(b) an explanation of the person’s authority to sign the variation.
(1) For the purposes of subsection 216EA(4) of the Act, this regulation prescribes requirements relating to the signing of a variation of a multi‑enterprise agreement made jointly under section 216E of the Act by an employer who will cease to be covered by the agreement if the variation is approved and the affected employees for the variation.
(2) The variation must be signed by the following:
(a) the employer or a person authorised by the employer to sign the variation on the employer’s behalf;
(b) at least 1 representative of the affected employees.
(3) The variation must include, for each person who signs the variation:
(a) the full name and address of the person; and
(b) an explanation of the person’s authority to sign the variation.
(1) For the purposes of paragraph 226A(1)(c) of the Act, this regulation prescribes requirements relating to the signing of a guarantee of termination entitlements given by an employer covered by an enterprise agreement.
(2) The guarantee must be signed by the employer.
(3) The guarantee must include, for each person who signs the guarantee:
(a) the full name and address of the person; and
(b) an explanation of the person’s authority to sign the guarantee.
(1) For paragraph 231(3)(b) of the Act, this regulation provides for the FWC to take action and make orders in connection with, and to deal with matters relating to, a bargaining order for reinstatement of an employee under paragraph 231(2)(d) of the Act.
(2) The FWC may make any of the following orders:
(a) an order to reappoint the employee to the position in which he or she was employed immediately before the termination of his or her employment;
(b) an order to appoint the employee to another position for which the terms and conditions of employment are no less favourable than those under which he or she was employed immediately before the termination of his or her employment;
(c) any order that the FWC thinks appropriate to maintain continuity of the employee’s employment;
(d) an order that the employer who terminated the employment of the employee pay the employee an amount for remuneration lost, or likely to have been lost, because of the termination.
Deduction for specified amount
(1) For the purposes of paragraph 324(2)(aa) of the Act, a written authorisation by an employee under subparagraph 324(2)(a)(i) of the Act specifying the amount of a deduction must also include the following:
(a) the purpose of the deduction;
(b) the date on which the deduction is to be made;
(c) the name of the person to whom the amount of the deduction is to be given.
Multiple or ongoing deductions
(2) For the purposes of paragraph 324(2)(aa) of the Act, a written authorisation by an employee under subparagraph 324(2)(a)(ii) of the Act for multiple or ongoing deductions must also include the following:
(a) the purpose of the deductions;
(b) if the deductions are for a specified amount or amounts—those amounts;
(c) either:
(i) the dates on which the deductions are to be made; or
(ii) the date after which, and the frequency with which, the deductions are to be made;
(d) the name of the person to whom the amounts of the deductions are to be given.
No application to saved authorisations
(3) This regulation does not apply in relation to an authorisation covered by clause 90 of Schedule 1 to the Act.
Note: Clause 90 of Schedule 1 to the Act continues the operation of authorisations made before the commencement of Schedule 5 to the
Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 .
Reasonable deductions
(1) For subsection 326(2) of the Act, a circumstance in which a deduction mentioned in subsection 326(1) of the Act is reasonable is that:
(a) the deduction is made in respect of the provision of goods or services:
(i) by an employer, or a party related to the employer; and
(ii) to an employee; and
(b) the goods or services are provided in the ordinary course of the business of the employer or related party; and
(c) the goods or services are provided to members of the general public on:
(i) the same terms and conditions as those on which the goods or services were provided to the employee; or
(ii) on terms and conditions that are not more favourable to the members of the general public.
Example 1: A deduction of health insurance fees made by an employer that is a health fund.
Example 2: A deduction for a loan repayment made by an employer that is a financial institution.
(2) For subsection 326(2) of the Act, a circumstance in which a deduction mentioned in subsection 326(1) of the Act is reasonable is that the deduction is for the purpose of recovering costs directly incurred by the employer as a result of the voluntary private use of particular property of the employer by an employee (whether authorised or not).
Examples of costs
1 The cost of items purchased on a corporate credit card for personal use by the employee.
2 The cost of personal calls on a company mobile phone.
3 The cost of petrol purchased for the private use of a company vehicle by the employee.
Deductions not reasonable
(3) For subsection 326(2) of the Act, and subject to subregulations (1) and (2), a circumstance in which a deduction mentioned in subsection 326(1) of the Act is not reasonable is that the deduction is for an amount that may be varied from time to time.
(1) For subsection 333(1) of the Act, this regulation sets out the manner in which the high income threshold is to be worked out.
Note: For the high income threshold for the purposes of subsection 333F(2) of the Act (about exceptions to fixed term contract limitations), see regulation 2.14.
(2) The high income threshold for the period starting on 1 July 2009 and ending at the end of 30 June 2010 is worked out using the following steps.
Identify the assessment of current average weekly ordinary time earnings published by the Australian Statistician for February 2008 and in effect on 1 July 2008.
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Divide it by the assessment of current average weekly ordinary time earnings published by the Australian Statistician for May 2007 and in effect on 27 August 2007.
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Round the result to 3 decimal places. If the fourth decimal place is 5 or above, round it up. If the rounded result is less than 1, the rounded result becomes 1. Multiply $100 000 by the rounded result. If the result is not a multiple of $100, round the result to the nearest multiple of $100. If the result is a multiple of $50, round it up to the next multiple of $100. This result will be indexed again in step 6. | |
Identify the assessment of current average weekly ordinary time earnings published by the Australian Statistician for February 2009 and in effect on 1 July 2009.
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Divide it by the assessment of current average weekly ordinary time earnings published by the Australian Statistician for February 2008 and in effect on 1 July 2008.
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Round the result to 3 decimal places. If the fourth decimal place is 5 or above, round it up. If the rounded result is less than 1, the rounded result becomes 1. Multiply the amount worked out in step 3 by the rounded result. If the result is not a multiple of $100, round the result to the nearest multiple of $100. If the result is a multiple of $50, round it up to the next multiple of $100. The result is the high income threshold for the period starting on 1 July 2009 and ending at the end of 30 June 2010. | |
(3) The high income threshold for the year starting on 1 July 2010, or a later year starting on 1 July, is the threshold for the previous year, indexed using the following steps.
Identify the assessment of current average weekly ordinary time earnings published by the Australian Statistician and in effect on 1 July in the current year.
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Divide it by the assessment of current average weekly ordinary time earnings published by the Australian Statistician and in effect on 1 July of the previous year.
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Round the result to 3 decimal places. If the fourth decimal place is 5 or above, round it up. If the rounded result is less than 1, the rounded result becomes 1. Multiply the high income threshold for the previous year by the rounded result. If the result is not a multiple of $100, round the result to the nearest multiple of $100. If the result is a multiple of $50, round it up to the next multiple of $100. The result is the high income threshold for the year starting on 1 July. |
(1) For the purposes of subsection 333F(2) of the Act, the high income threshold for that year for an employee (the
engaged employee ) mentioned in paragraph 333F(2)(a) or (b) of the Act is taken to be the amount worked out under subregulation (2).(2) The amount is to be worked out as follows:
(a) begin with the number of hours that, under the terms of the contract mentioned in subsection 333F(2) of the Act, the engaged employee is required to work in that year;
(b) divide that number of hours by the number of hours that a full‑time employee would work in that year (rounding to 3 decimal places, and rounding up if the fourth decimal place is 5 or more);
(c) multiply the result of paragraph (b) by the high income threshold, for the financial year in which the contract is entered into, worked out under regulation 2.13.
(3) A number of hours referred to in paragraph (2)(a) or (b) may include a part of an hour.
(4) For the purposes of paragraph (2)(b), assume the number of hours that a full‑time employee would work is:
(a) if an enterprise agreement or a modern award applies to the engaged employee at the time the contract is entered into—the number of hours that a full‑time employee is required to work under the enterprise agreement or modern award; or
(b) if paragraph (a) does not apply—the number of hours of work of any other full‑time employees of the employer employed in the same position as (or in a position that is comparable to) the position of the engaged employee; or
(c) if the number of hours cannot be worked out under paragraph (a) or (b)—38 hours per week.
Organised sport
(1) For the purposes of paragraph 333F(1)(i) of the Act, a contract entered into by a person and an employee is prescribed if:
(a) the employee is engaged under the contract to primarily perform work as:
(i) an athlete participating in an organised sport; or
(ii) a coach for an athlete participating in an organised sport; or
(iii) another kind of performance support professional for an athlete participating in an organised sport; or
(iv) a match official for an organised sport; or
(v) a performance support professional for a match official for an organised sport; and
(b) the person is:
(i) a National Sporting Organisation or a National Sporting Organisation for People with Disability recognised by the Australian Sports Commission; or
(ii) the governing body for an organised sport in a State or a Territory; or
(iii) if the governing bodies for an organised sport in a State or a Territory are split between metropolitan and non‑metropolitan areas—the governing body for the non‑metropolitan areas; or
(iv) a body conducting a State or Territory level competition for an organised sport; or
(v) a member of, or a person otherwise affiliated with, an Organisation or body referred to in subparagraph (i), (ii), (iii) or (iv); and
(c) the contract is entered into:
(i) on or after 6 December 2023; and
(ii) before 1 November 2025.
(2) A
performance support professional is a person whose work primarily involves direct support or assessment of:
(a) an athlete’s participation in an organised sport; or
(b) the performance of a match official for an organised sport.
High performance sport—international event organising bodies
(3) For the purposes of paragraph 333F(1)(i) of the Act, a contract entered into by a person and an employee is prescribed if:
(a) the employee is engaged under the contract to perform work that primarily involves direct support of the administration or organisation of a particular international event for a high performance sport; and
(b) the international event is not regularly held in Australia; and
(c) either:
(i) the international organising body or the international event has granted the person the right to host the particular international event; or
(ii) the person is seeking to be granted the right to host the particular international event by the international organising body for the international event; and
(d) the person is:
(i) the international organising body for the international event; or
(ii) the Australian organising body for the international event; or
(iii) the Australian organising body for the particular international event; and
(e) the contract is entered into:
(i) on or after 6 December 2023; and
(ii) before 1 November 2025.
(4) A
high performance sport is:(a) the part of a sport that is performed at the elite level by athletes; or
(b) the part of a sport that is performed at the elite level by athletes with disability.
Higher education employees
(6) For the purposes of paragraph 333F(1)(i) of the Act, a contract entered into by a person and an employee is prescribed if:
(a) at the time the contract is entered into, the employee is covered by the
Higher Education Industry—Academic Staff—Award 2020 or theHigher Education Industry—General Staff—Award 2020 ; and(b) the contract is entered into:
(i) on or after 6 December 2023; and
(ii) before 1 November 2025.
Charity and not‑for‑profit sector employees
(7) For the purposes of paragraph 333F(1)(i) of the Act, a contract entered into by a person and an employee is prescribed if:
(a) the person is, or enters into the contract on behalf of, a philanthropic entity (the
relevant entity ); and(b) the contract relates to a position for the performance of work that is funded in whole or in part by:
(i) government funding provided by way of a grant or procurement, other than funding excluded by subregulation (8); or
(ii) funding provided by a philanthropic entity (other than the relevant entity or an associated entity of the relevant entity); or
(iii) funding provided as a testamentary gift or testamentary contribution to the relevant entity for a charitable purpose (within the meaning of the
Charities Act 2013 ) of the relevant entity; and(c) the work is to be performed for the purposes of a specific program or project to which the funding relates; and
(d) the period for which the program or project is to be conducted is, taking into account so much of that period (if any) as has already occurred, a period of not more than 5 years; and
(e) the identifiable period (see paragraph 333E(1)(b) of the Act) at the end of which the contract will terminate is substantially the same as the period, or the remainder of the period, for which the program or project is to be conducted; and
(f) if the employee is already, or has previously been, employed by the person—the employment of the employee for the identifiable period would not result in continuity or substantial continuity of an employment relationship between the person and the employee for a period of more than 7 years; and
(g) at the time the contract is entered into, the employee is not covered by either of the modern awards mentioned in paragraph (6)(a) of this regulation; and
(h) any arrangements for the provision of funding covered by paragraph (b) of this subregulation take effect on or after the day this subregulation commences; and
(i) the contract is entered into:
(i) on or after the day this subregulation commences; and
(ii) before 1 November 2025.
(8) For the purposes of subparagraph (7)(b)(i), the following are excluded:
(a) any payments made to, or for the benefit of, an individual, if the entitlement to the payments is provided for under legislation of the Commonwealth, a State or a Territory;
(b) any payments made for the purposes of the program known as the Commonwealth Home Support Programme.
Medical or health research sector employees
(9) For the purposes of paragraph 333F(1)(i) of the Act, a contract entered into by a person and an employee is prescribed if:
(a) the person is, or enters into the contract on behalf of, one of the following (the
relevant entity ):
(i) a philanthropic entity;
(ii) an entity controlled by a philanthropic entity;
(iii) a body established for a public purpose by or under a law of the Commonwealth, a State or a Territory;
(iv) an entity controlled by such a body; and
(b) the contract relates to a position for the performance of work that is funded in whole or part by:
(i) government funding; or
(ii) funding provided by a philanthropic entity other than the relevant entity; or
(iii) if the relevant entity is a philanthropic entity—funding provided to the relevant entity for a charitable purpose (within the meaning of the
Charities Act 2013 ) of the relevant entity (including funding provided as a testamentary gift or testamentary contribution for such a purpose); and(c) the work primarily involves carrying out medical or health research of any of the following kinds:
(i) basic research;
(ii) pre‑clinical research;
(iii) clinical research;
(iv) translational research; and
(d) the work is to be performed for the purposes of a specific program or project to which the funding relates; and
(e) the period for which the program or project is to be conducted is, taking into account so much of that period (if any) as has already occurred, a period of not more than 5 years; and
(f) the identifiable period (see paragraph 333E(1)(b) of the Act) at the end of which the contract will terminate is substantially the same as the period, or the remainder of the period, for which the program or project is to be conducted; and
(g) if the employee is already, or has previously been, employed by the person—the employment of the employee for the identifiable period would not result in continuity or substantial continuity of an employment relationship between the person and the employee for a period of more than 7 years; and
(h) at the time the contract is entered into, the employee is not covered by either of the modern awards mentioned in paragraph (6)(a) of this regulation; and
(i) any arrangements for the provision of funding covered by paragraph (b) of this subregulation take effect on or after the day this subregulation commences; and
(j) the contract is entered into:
(i) on or after the day this subregulation commences; and
(ii) before 1 November 2025.
Public hospital employees
(10) For the purposes of paragraph 333F(1)(i) of the Act, a contract entered into by a person and an employee is prescribed if:
(a) the person enters into the contract for a public hospital (within the meaning of the
National Health Act 1953 ); and(b) the contract relates to a position for the performance of work the majority of funding for which is of either of the following kinds (including any combination of them):
(i) funding provided by a philanthropic entity;
(ii) funding provided for a charitable purpose within the meaning of the
Charities Act 2013 (including funding provided as a testamentary gift or testamentary contribution for such a purpose); and(c) the work is to be performed for the purposes of a specific program or project, to which the funding relates, in connection with the hospital; and
(d) the period for which the program or project is to be conducted is, taking into account so much of that period (if any) as has already occurred, a period of not more than 5 years; and
(e) the identifiable period (see paragraph 333E(1)(b) of the Act) at the end of which the contract will terminate is substantially the same as the period, or the remainder of the period, for which the program or project is to be conducted; and
(f) if the employee is already, or has previously been, employed by the person—the employment of the employee for the identifiable period would not result in continuity or substantial continuity of an employment relationship between the person and the employee for a period of more than 7 years; and
(g) any arrangements for the provision of funding covered by paragraph (b) of this subregulation take effect on or after the day this subregulation commences; and
(h) the contract is entered into:
(i) on or after the day this subregulation commences; and
(ii) before 1 November 2025.
Note: This regulation prescribes matters relating to circumstances where the limitations on fixed term contracts in section 333E of the Act do not apply. Regardless, if a substantial reason for employing an employee for a specified period is to avoid the application of Division 11 of Part 2‑2 of the Act (which deals with notice of termination and redundancy pay), that Division may still apply: see subsection 123(2) of the Act.
(1) For section 352 of the Act, this regulation prescribes kinds of illness or injury.
Note: Under section 352 of the Act, an employer must not dismiss an employee because the employee is temporarily absent from work because of illness or injury of a kind prescribed by the regulations.
(2) A prescribed kind of illness or injury exists if the employee provides a medical certificate for the illness or injury, or a statutory declaration about the illness or injury, within:
(a) 24 hours after the commencement of the absence; or
(b) such longer period as is reasonable in the circumstances.
Note: The Act defines
medical certificate in section 12.(3) A prescribed kind of illness or injury exists if the employee:
(a) is required by the terms of a workplace instrument:
(i) to notify the employer of an absence from work; and
(ii) to substantiate the reason for the absence; and
(b) complies with those terms.
(4) A prescribed kind of illness or injury exists if the employee has provided the employer with evidence, in accordance with paragraph 107(3)(a) of the Act, for taking paid personal/carer’s leave for a personal illness or personal injury, as mentioned in paragraph 97(a) of the Act.
Note: Paragraph 97(a) of the Act provides that an employee may take paid personal/carer’s leave if the leave is taken because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee.
(5) An illness or injury is not a prescribed kind of illness or injury if:
(a) either:
(i) the employee’s absence extends for more than 3 months; or
(ii) the total absences of the employee, within a 12 month period, have been more than 3 months (whether based on a single illness or injury or separate illnesses or injuries); and
(b) the employee is not on paid personal/carer’s leave (however described) for a purpose mentioned in paragraph 97(a) of the Act for the duration of the absence.
(6) In this regulation, a period of paid personal/carer’s leave (however described) for a purpose mentioned in paragraph 97(a) of the Act does not include a period when the employee is absent from work while receiving compensation under a law of the Commonwealth, a State or a Territory that is about workers’ compensation.
(1) For subsection 367(2) of the Act, this regulation sets out matters relating to a fee for making an application to the FWC under section 365 of the Act.
Fee at commencement of Regulations
(2) If the application is made in the financial year starting on 1 July 2009, the fee is $59.50.
Method for indexing the fee
(3) If the application is made in a financial year starting on 1 July 2010, or 1 July in a later year (the
application year ), the amount of the fee is to be worked out as follows:
(a) identify the amount of the fee for an application made in the previous financial year;
(b) multiply it by the indexation factor for the application year (see subregulation (4));
(c) round the result to the nearest multiple of 10 cents, rounding up if the result ends in 5 cents.
(4) The indexation factor for the application year is worked out using the following formula, and then rounded under subregulation (5):
where:
index number , for a quarter, means the All Groups Consumer Price Index Number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.
most recent March year means the period of 12 months ending on 31 March in the financial year that occurred immediately before the application year.
previous March year means the period of 12 months immediately preceding the most recent March year.
quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.
(5) The result under subregulation (4) must be rounded up or down to 3 decimal places, rounding up if the result ends in 0.0005.
(6) While the parties are trying to resolve the dispute using the procedures in this term:
(a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and
(b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:
(i) the work is not safe; or
(ii) applicable occupational health and safety legislation would not permit the work to be performed; or
(iii) the work is not appropriate for the employee to perform; or
(iv) there are other reasonable grounds for the employee to refuse to comply with the direction.
(7) The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.
(regulation 6.03B)
(1) This term sets out procedures to settle a dispute about a matter arising under a copied State instrument.
(2) An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.
(3) In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management.
(4) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission.
(5) The Fair Work Commission may deal with the dispute in 2 stages:
(a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
(b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then:
(i) arbitrate the dispute; and
(ii) make a determination that is binding on the parties.
Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act.
A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5‑1 of the Act. Therefore, an appeal may be made against the decision.
(6) While the parties are trying to resolve the dispute using the procedures in this term:
(a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and
(b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:
(i) the work is not safe; or
(ii) applicable work health and safety legislation would not permit the work to be performed; or
(iii) the work is not appropriate for the employee to perform; or
(iv) there are other reasonable grounds for the employee to refuse to comply with the direction.
(7) The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.
(regulation 6.07)
(regulation 6.07)
TO: CENTRELINK
I, [
[
Set out reasons for proposed terminations. Reasons may be of an economic, technological, structural or similar nature, or for reasons including such reasons ]
The number and categories of employees likely to be affected by the proposal are:
[
Set out the categories and number per category ]
It is intended that [
[
Dated 20
Signature
Position
Note: See regulation 6.09.
1 | A person who is employed in public sector employment by a particular Commonwealth authority | The Minister administering the enactment by or under which the Commonwealth authority employing the persons specified in column 2 of this item was established The principal executive officer (however called) of the Commonwealth authority employing the persons specified in column 2 of this item An officer authorised by the principal executive officer (however called) of the Commonwealth authority employing the persons specified in column 2 of this item |
2 | An APS employee, within the meaning of the | The Public Service Minister, within the meaning of the The Agency Minister, within the meaning of the The Agency Head, within the meaning of the An APS employee, within the meaning of the |
3 | A Parliamentary Service employee, within the meaning of the | A Presiding Officer within the meaning of the The Secretary within the meaning of the A Parliamentary Service employee authorised by the Presiding Officer within the meaning of the |
4 | A person employed under section 42 of the | The Minister administering the The persons empowered under the |
5 | A person employed under the | The Minister administering the The employing individual (within the meaning of that Act) for the person |
6 | A person employed as an employee in a particular Agency of the Northern Territory Public Sector | The Minister of the Northern Territory responsible for the Agency in which the person is employed The Commissioner for Public Employment for the Northern Territory An employee authorised by the Commissioner for Public Employment for the Northern Territory |
7 | A person:
(b) is not a person mentioned in item 6 | The Commissioner for Public Employment for the Northern Territory An employee authorised by the Commissioner for Public Employment for the Northern Territory |
8 | A person employed by a particular Northern Territory authority (being a body corporate established for a public purpose by or under a law of the Northern Territory) under terms and conditions determined or approved by the Commissioner for Public Employment for the Northern Territory | The Minister administering the Act of the Northern Territory by or under which the authority employing the person was established The principal executive officer (however called) of the authority employing the persons specified in column 2 of this item The Commissioner for Public Employment for the Northern Territory An employee authorised by the principal executive officer (however called) of the authority employing the persons specified in column 2 of this item |
9 | A person employed by either of the following Northern Territory authorities: (a) Northern Territory Power and Water Authority; (b) Territory Insurance Office | The principal executive officer (however called) of the authority employing the persons specified in column 2 of this item The Commissioner for Public Employment for the Northern Territory An employee authorised by the principal executive officer (however called) of the authority employing the persons specified in column 2 of this item |
10 | A person who:
(b) is not a person mentioned in item 8 or 9 | The Minister administering the Act of the Northern Territory by or under which the authority employing the person was established The authority employing the person The Commissioner for Public Employment for the Northern Territory An employee authorised by the authority employing the person |
11 | A person employed by a particular Northern Territory authority (being a body corporate incorporated under a law of the Northern Territory in which the Northern Territory has a controlling interest) | The Minister responsible for the authority employing the person The principal executive officer (however called) of the authority employing the person The Commissioner for Public Employment for the Northern Territory An employee authorised by the principal executive officer (however called) of the authority employing the person |
12 | A person appointed under section 25 or 26 of the | The Minister administering the The Commissioner within the meaning of that Act An AFP employee authorised by the Commissioner within the meaning of that Act |
13 | A person employed under the | The Chief Minister of the Australian Capital Territory An employee authorised by the Chief Minister of the Australian Capital Territory |
14 | An officer or employee (within the meaning of the | The Chief Minister for the Australian Capital Territory The Minister (within the meaning of the |
The Minister, within the meaning of the Self‑Government Act, who is responsible for exercising the power of the Australian Capital Territory Executive in relation to industrial relations | ||
15 | A person employed by or in the service of a body corporate (except a Territory instrumentality within the meaning of | The principal executive officer (however described) of the body corporate The Minister, within the meaning of the |
16 | An officer or employee (within the meaning of the | The Chief Executive Officer of Calvary Hospital A.C.T. Incorporated The Minister, within the meaning of the The Minister, within the meaning of the Self‑Government Act, who is responsible for exercising the power of the Australian Capital Territory Executive in relation to industrial relations |
17 | A person who:
(b) is not mentioned in item 15, 16, 17 or 18 | The principal executive officer (however described) of the body corporate or authority The Minister administering the law of the Australian Capital Territory The Minister, within the meaning of the |
18 | A person who is employed under section 13 of the | The Official Secretary to the Governor‑General |
19 | A person engaged as an employee under subsection 19(1) of the | The Secretary of the Department of Foreign Affairs and Trade An Australian Civilian Corps employee authorised by the Secretary of the Department of Foreign Affairs and Trade |
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
2009 No. 112 | 19 June 2009 (F2009L02356) | Parts 2‑2 and 6‑3: 1 Jan 2010 Remainder: 1 July 2009 | |
2009 No. 164 | 30 June 2009 (F2009L02567) | rr. 1–4 and Schedule 1: 1 July 2009 r. 5 and Schedule 2: 1 Jan 2010 | r. 4 |
2009 No. 207 | 14 Aug 2009 (F2009L03140) | rr. 1–3 and Schedule 1: 15 Aug 2009 Schedule 2: 1 Oct 2009 | — |
2009 No. 300 | 13 Nov 2009 (F2009L04157) | 14 Nov 2009 | — |
2009 No. 364 | 16 Dec 2009 (F2009L04520) | rr. 1–3 and Schedule 1: 1 July 2009 Remainder: 1 Jan 2010 | — |
2009 No. 391 | 16 Dec 2009 (F2009L04604) | 1 Jan 2010 | — |
2010 No. 99 | 25 May 2010 (F2010L01362) | 26 May 2010 | — |
2011 No. 23 | 11 Mar 2011 (F2011L00418) | 12 Mar 2011 | — |
2011 No. 91 | 21 June 2011 (F2011L01088) | 22 June 2011 | — |
2011 No. 152 | 19 Aug 2011 (F2011L01697) | 20 Aug 2011 | — |
2011 No. 244 | 12 Dec 2011 (F2011L02641) | 13 Dec 2011 | — |
64, 2012 | 11 May 2012 (F2012L01024) | 12 May 2012 (s 2) | — |
197, 2012 | 20 Aug 2012 (F2012L01708) | 21 Aug 2012 (s 2) | — |
218, 2012 | 14 Sept 2012 (F2012L01870) | 15 Sept 2012 (s 2) | — |
321, 2012 | 11 Dec 2012 (F2012L02417) | 1 Jan 2013 (s 2) | — |
322, 2012 | 11 Dec 2012 (F2012L02409) | 12 Dec 2012 (s 2) | — |
323, 2012 | 11 Dec 2012 (F2012L02402) | 1 Jan 2013 (s 2) | — |
51, 2013 | 11 Apr 2013 (F2013L00649) | Sch 1 (item 49): 12 Apr 2013 (s 2 item 2) | — |
69, 2013 | 21 May 2013 (F2013L00815) | 22 May 2013 (s 2) | — |
139, 2013 | 28 June 2013 (F2013L01221) | Sch 1: 1 July 2013 (s 2 item 2) Sch 2: 1 Jan 2014 (s 2 item 3) | — |
242, 2013 | 25 Nov 2013 (F2013L01972) | 26 Nov 2013 (s 2) | — |
263, 2013 | 13 Dec 2013 (F2013L02094) | 1 Jan 2014 (s 2) | — |
95, 2014 | 30 June 2013 (F2014L00881) | 1 July 2014 (s 2) | — |
Fair Work Amendment (Notice of Employee Representational Rights) Regulations 2017 | 24 Feb 2017 (F2017L00161) | 3 Apr 2017 (s 2(1) item 1) | — |
Fair Work and Other Legislation Amendment (South Australian Employment Court) Regulations 2017 | 16 June 2017 (F2017L00684) | Sch 1 (items 1, 2): 1 July 2017 (s 2(1) item 1) | — |
Fair Work Amendment (Corrupting Benefits) Regulations 2017 | 20 Dec 2017 (F2017L01674) | 29 Jan 2018 (s 2(1) item 1) | — |
Fair Work Amendment (Protecting Vulnerable Workers) Regulations 2017 | 20 Dec 2017 (F2017L01679) | 21 Dec 2017 (s 2(1) item 1) | — |
Fair Work Amendment (Christmas Island and Cocos (Keeling) Islands) Regulations 2018 | 9 Mar 2018 (F2018L00235) | 1 May 2018 (s 2(1) item 1) | — |
Fair Work Amendment (Casual Loading Offset) Regulations 2018 | 17 Dec 2018 (F2018L01770) | 18 Dec 2018 (s 2(1) item 1) | — |
Fair Work Amendment (Modernising Right of Entry) Regulations 2019 | 25 Mar 2019 (F2019L00377) | Sch 1 (items 1–5): 1 July 2019 (s 2(1) item 2) Sch 1 (item 6): 1 Oct 2019 (s 2(1) item 3) | — |
Fair Work Amendment (Right of Entry Identification) Regulations 2019 | 20 Sept 2019 (F2019L01237) | Sch 1 (items 1–4): 1 Oct 2019 (s 2(1) item 1) | — |
Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020 | 16 Apr 2020 (F2020L00432) | 17 Apr 2020 (s 2(1) item 1) | — |
Fair Work Amendment (Variation of Enterprise Agreements No. 2) Regulations 2020 | 12 June 2020 (F2020L00702) | 13 June 2020 (s 2(1) item 1) | — |
Fair Work Amendment (Jobkeeper Payments) Regulations 2020 | 18 Sept 2020 (F2020L01185) | 19 Sept 2020 (s 2(1) item 1) | — |
Fair Work and Other Legislation Amendment Regulations 2021 | 14 May 2021 (F2021L00580) | Sch 1 (items 1–3): 15 May 2021 (s 2(1) item 1) | — |
Fair Work Amendment (Respect at Work) Regulations 2021 | 9 July 2021 (F2021L00972) | Sch 1 (items 4–6): 11 Sept 2021 (s 2(1) item 3) Remainder: 10 July 2021 (s 2(1) items 1, 2) | — |
Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021 | 30 Aug 2021 (F2021L01204) | Sch 2 (items 27–30): 1 Sept 2021 (s 2(1) item 1) | — |
Fair Work Legislation Amendment Regulations 2022 | 13 Dec 2022 (F2022L01640) | Sch 1 (items 1–3, 66–84): 14 Dec 2022 (s 2(1) items 2, 7, 8) Sch 1 (items 4–6): 1 Feb 2023 (s 2(1) item 3) Sch 1 (items 8, 9): 10 Jan 2023 (s 2(1) item 4) | — |
Fair Work Amendment (Transitional Arrangements—Western Australian Local Government Employers and Employees) Regulations 2022 | 19 Dec 2022 (F2022L01696) | 1 Jan 2023 (s 2(1) item 1) | — |
Fair Work Amendment (Paid Family and Domestic Violence Leave) Regulations 2023 | 3 Feb 2023 (F2023L00082) | 4 Feb 2023 (s 2(1) item 1) | — |
Fair Work and Other Legislation Amendment Regulations 2023 |
20 Mar 2023 (F2023L00293) | Sch 1 (items 1–3, 16): 21 Mar 2023 (s 2(1) items 2, 4) | — | |
Fair Work and Other Legislation Amendment (Secure Jobs, Better Pay) Regulations 2023 | 30 May 2023 (F2023L00625) | Sch 1 (items 1–4, 13–40): 6 June 2023 (s 2(1) items 2, 5) Sch 1 (items 9, 10): 1 July 2023 (s 2(1) item 3) Sch 1 (items 11, 12, 45): 31 May 2023 (s 2(1) items 4, 6) | — |
Fair Work Amendment (Fixed Term Contracts) Regulations 2023 | 24 Nov 2023 (F2023L01545) | 6 Dec 2023 (s 2(1) item 1) | — |
Fair Work Amendment (Employee Authorised Deductions) Regulations 2023 | 29 Nov 2023 (F2023L01568) | 30 Dec 2023 (s 2(1) item 1) | — |
Instruments Update (Autumn 2024) Regulations 2024 | 14 Mar 2024 (F2024L00297) | Sch 1 (item 11) and Sch 2 (item 18): 11 Apr 2024 (s 2(1) item 1) | — |
Fair Work Amendment (Unpaid Parental Leave) Regulations 2024 | 21 June 2024 (F2024L00735) | 22 June 2024 (s 2(1) item 1) | — |
Fair Work Amendment (Fixed Term Contracts) Regulations 2024 | 21 June 2024 (F2024L00738) | 22 June 2024 (s 2(1) item 1) | — |
Fair Work Amendment (Minor and Technical Measures) Regulations 2024 | 5 July 2024 (F2024L00868) | Sch 2: 26 Aug 2024 (s 2(1) item 3) Remainder: 6 July 2024 (s 2(1) items 1, 2) | — |
Fair Work Legislation Amendment (Closing Loopholes) Regulations 2024 | 20 Aug 2024 (F2024L01031) | Sch 1 (items 1–18, 22): 26 Aug 2024 (s 2(1) item 2) | — |
Fair Work Amendment (Contractor High Income Threshold) Regulations 2024 | 20 Aug 2024 (F2024L01033) | 26 Aug 2024 (s 2(1) item 1) | — |
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024 | 11 Oct 2024 (F2024L01299) | Sch 5 (item 1): 14 Oct 2024 (s 2(1) item 1) | — |
Fair Work Amendment (Fixed Term Contracts—Exceptions Measures) Regulations 2024 | 25 Oct 2024 (F2024L01371) | 1 Nov 2024 (s 2(1) item 1) | — |
Fair Work Amendment (Minor and Technical Measures No. 2) Regulations 2024 | 22 Nov 2024 (F2024L01480) | 23 Nov 2024 (s 2(1) item 1) | — |
r 1.02......................................... | rep LA s 48D |
r 1.03......................................... | am No 218, 2012; F2021L00972; F2023L01545; F2024L01031; F2024L01371 |
r 1.05......................................... | rep 2009 No 391 |
ad F2017L00684 | |
rs F2024L01480 | |
r 1.06......................................... | am F2017L00684 |
r 1.07......................................... | am F2021L00972 |
rs F2024L01031 | |
r 1.08......................................... | rs 2009 No 207 |
Division 3A................................ | ad F2024L01031 |
Subdivision A............................. | ad F2024L01033 |
r 1.08AA.................................... | ad F2024L01033 |
r 1.08A...................................... | ad F2024L01031 |
r 1.08B....................................... | ad F2024L01031 |
r 1.13......................................... | am 2009 No 364 |
Division 2A................................ | ad 2009 No 164 |
r 1.15A...................................... | ad 2009 No 164 |
am 2009 No 391 | |
Division 3.................................. | ad 2009 No 164 |
r 1.15B....................................... | ad 2009 No 164 |
am 2009 No 164; 2009 No 364; 2012 No 197; F2018L00235 | |
r 1.15C....................................... | ad 2009 No 164 |
r 1.15D...................................... | ad 2009 No 164 |
rs 2009 No 364 | |
am 2012 No 197 | |
r 1.15DA.................................... | ad F2018L00235 |
r 1.15E....................................... | ad 2009 No 164 |
rs 2009 No 364 | |
am 2012 No 197 | |
r 1.15F....................................... | ad 2009 No 164 |
r 1.15G...................................... | ad 2012 No 197 |
r. 1.16........................................ | am. 2009 No. 300 |
rs. 2011 No. 23 | |
am. 2012 No. 321 | |
Division 5.................................. | ad F2024L00735 |
Subdivision B............................. | ad F2024L00735 |
r 2.00......................................... | ad F2024L00735 |
Division 12 heading..................... | rs F2021L00580 |
r 2.01......................................... | am No 139, 2013 |
r 2.02A...................................... | ad F2021L00580 |
r 2.03A...................................... | ad F2018L01770 |
r 2.05......................................... | am F2017L00161 |
r 2.06AA.................................... | ad F2017L01674 |
r 2.06A...................................... | ad No 300, 2009 |
am No 321, 2012 | |
r 2.07......................................... | am No 321, 2012 |
Division 7 heading...................... | ad F2023L00625 |
Subdivision A heading ................ | ad F2023L00625 |
r 2.09A...................................... | ad No 300, 2009 |
r 2.09B....................................... | ad F2020L00432 |
rep F2020L00702 | |
r 2.10......................................... | am No 321, 2012 |
r 2.10A...................................... | ad F2023L00625 |
Subdivision AA.......................... | ad F2023L00625 |
r 2.10B....................................... | ad F2023L00625 |
Subdivision AB........................... | ad F2023L00625 |
r 2.10C....................................... | ad F2023L00625 |
Subdivision AC........................... | ad F2023L00625 |
r 2.10D...................................... | ad F2023L00625 |
Subdivision AD.......................... | ad F2023L00625 |
r 2.10E....................................... | ad F2023L00625 |
r 2.10F....................................... | ad F2023L00625 |
Subdivision AE........................... | ad F2023L00625 |
r 2.10G...................................... | ad F2023L00625 |
Subdivision D............................. | ad F2023L00625 |
r 2.10H...................................... | ad F2023L00625 |
Division 8 heading...................... | am No 321, 2012 |
r 2.11......................................... | am No 321, 2012 |
r 2.12A...................................... | ad F2023L01568 |
r 2.12......................................... | am F2023L01568 |
r 2.13......................................... | am F2023L01545; F2024L01033 |
Division 5.................................. | ad F2023L01545 |
r 2.14......................................... | ad F2023L01545 |
r 2.15......................................... | ad F2023L01545 |
am F2024L00738; F2024L01371 | |
r. 3.01........................................ | am. 2009 No. 300 |
r 3.02......................................... | am No 321, 2012; F2024L01031 |
r 3.03......................................... | am No 321, 2012; F2024L01031 |
r 3.04......................................... | am No 321, 2012; F2024L01031 |
r. 3.05........................................ | am. 2012 No. 321 |
r 3.07......................................... | am No 321, 2012; F2022L01640; F2024L01031; F2024L01480 |
r 3.08......................................... | am No 321, 2012; F2024L01031 |
Division 6.................................. | rep No 391, 2009 |
ad No 95, 2014 | |
r 3.10......................................... | ad No 95, 2014 |
r 3.11......................................... | am No 321, 2012; F2023L00625 |
r 3.12......................................... | am. 2012 No. 321 |
r 3.13......................................... | am No 164, 2009; No 321, 2012 |
r 3.14......................................... | am F2023L00625 |
r 3.15......................................... | am No 321, 2012 |
r. 3.16........................................ | rs. 2012 No. 321 |
r. 3.16A...................................... | ad. 2012 No. 321 |
r 3.17......................................... | am No 321, 2012 |
r 3.18......................................... | am No 321, 2012 |
r 3.19......................................... | am No 164, 2009; No 321, 2012 |
r 3.20......................................... | am No 321, 2012 |
Div. 2 of Part 3‑4........................ | ad. 2012 No. 323 |
r. 3.24A...................................... | ad. 2012 No. 323 |
r 3.25......................................... | am No 207, 2009; No 218, 2012; No 69, 2013; F2024L00868 |
r 3.26......................................... | rs F2019L00377 |
r 3.26A...................................... | ad F2019L00377 |
am F2019L01237 | |
Part 3‑5A................................... | ad F2023L00293 |
r 3.29A...................................... | ad F2023L00293 |
Division 3.................................. | am F2022L01640; F2023L00082 |
r 3.31......................................... | rs No 164, 2009 |
r 3.41......................................... | am No 164, 2009 |
r 3.42......................................... | am No 164, 2009 |
r 3.43......................................... | am No 164, 2009 |
r 3.44......................................... | am No 164, 2009; F2017L01679 |
r 3.45......................................... | am F2022L01640 |
r 3.46......................................... | am F2022L01640; F2023L01568 |
r 3.47......................................... | ad F2022L01640 |
am F2023L00082 | |
r 3.48......................................... | ad F2023L00082 |
Chapter 3A................................. | ad F2024L01031 |
Part 3A‑1................................... | ad F2024L01031 |
r 3A.01...................................... | ad F2024L01031 |
r 3A.02...................................... | ad F2024L01031 |
Part 3A‑3................................... | ad F2024L01031 |
r 3A.03...................................... | ad F2024L01031 |
r 3A.04...................................... | ad F2024L01031 |
Part 3A‑5................................... | ad F2024L01031 |
r 3A.05...................................... | ad F2024L01031 |
Chapter 3B................................. | ad F2024L01031 |
Part 3B‑1.................................... | ad F2024L01031 |
r 3B.01....................................... | ad F2024L01031 |
r 3B.02....................................... | ad F2024L01031 |
Div. 2 of Part 4‑1........................ | ad. 2009 No. 164 |
r. 4.01A...................................... | ad. 2009 No. 164 |
am. No. 51, 2013; F2017L01679; F2021L01204 | |
r 4.01......................................... | am No 244, 2011; No 51, 2013; F2021L00580; F2021L01204; F2024L00868 |
r 4.03......................................... | am No 164, 2009; F2023L00293 |
r. 4.03A...................................... | ad. 2009 No. 164 |
r 4.05......................................... | am F2017L01679 |
Part 5‑1 heading.......................... | am. 2012 No. 321 |
Division 5 heading...................... | am. 2012 No. 321 |
r 5.01......................................... | am No 164, 2009; No 99, 2010; No 218, 2012; No 321, 2012; F2021L00972; F2022L01640; F2023L00625; F2024L01031 |
r 5.01A...................................... | ad No 99, 2010 |
am No 321, 2012 | |
rs F2022L01640 | |
r. 5.01B...................................... | ad. 2012 No. 321 |
r. 5.02........................................ | am. 2012 No. 64 |
r. 5.03........................................ | am. 2012 No. 321 |
r. 5.04........................................ | am. 2009 No. 164; 2012 No. 321 |
r 5.04A...................................... | ad No 99, 2010 |
am No 321, 2012 | |
rs F2022L01640 | |
Subdivision D heading................. | ad F2017L01679 |
Subdivision DA heading.............. | ad F2017L01679 |
Subdivision DB........................... | ad F2017L01679 |
r 5.07......................................... | ad F2017L01679 |
r 5.08......................................... | ad F2017L01679 |
r 5.09......................................... | ad F2017L01679 |
r 5.10......................................... | ad F2017L01679 |
r 5.11......................................... | ad F2017L01679 |
r 5.12......................................... | ad F2017L01679 |
r 5.13......................................... | ad F2017L01679 |
Part 6‑1...................................... | ad F2024L01031 |
r 6.01A...................................... | ad F2024L01031 |
r 6.01B....................................... | ad F2024L01031 |
r 6.01C....................................... | ad F2024L01031 |
Part 6‑3A................................... | ad. 2012 No. 322 |
r 6.03A...................................... | ad No 322, 2012 |
am F2022L01640 | |
r. 6.03B...................................... | ad. 2012 No. 322 |
r. 6.04........................................ | am. 2009 No. 300 |
r 6.05......................................... | am No 321, 2012; F2024L01031 |
r 6.06......................................... | am No 321, 2012; F2024L01031 |
Part 6‑4B heading....................... | am F2021L00972; F2023L00293 |
Division 2 heading...................... | am F2021L00972; F2023L00293 |
r 6.07A...................................... | ad No 263, 2013 |
am F2024L01031 | |
Part 6‑4C.................................... | ad F2020L01185 |
r 6.07B....................................... | ad F2020L01185 |
r 6.07C....................................... | ad F2020L01185 |
Part 6‑4D................................... | ad F2023L00625 |
r 6.07CA.................................... | ad F2023L00625 |
Part 6‑4D................................... | ad F2022L01696 |
renum F2023L00625 | |
Part 6‑4DA (prev Part 6‑4D) | |
r 6.07D...................................... | ad F2022L01696 |
r 6.07E....................................... | ad F2022L01696 |
r 6.07F....................................... | ad F2022L01696 |
r 6.07G...................................... | ad F2022L01696 |
r 6.08......................................... | am No 164, 2009; No 91, 2011; F2024L00297 |
Chapter 7................................... | ad F2017L00161 |
r 7.01......................................... | ad F2017L00161 |
Part 7‑2...................................... | ad F2017L01674 |
r 7.02......................................... | ad F2017L01674 |
Part 7‑3...................................... | ad F2018L01770 |
r 7.03......................................... | ad F2018L01770 |
Part 7‑4 heading.......................... | rs F2020L00702 |
rep end of 12 Dec 2020 (r 7.05) | |
ad F2023L00082 | |
Part 7‑4...................................... | ad F2020L00432 |
rep end of 12 Dec 2020 (r 7.05) | |
ad F2023L00082 | |
r 7.04......................................... | ad F2020L00432 |
am F2020L00702 | |
rep end of 12 Dec 2020 (r 7.05) | |
ad F2023L00082 | |
r 7.05......................................... | ad F2020L00432 |
am F2020L00702 | |
rep end of 12 Dec 2020 (r 7.05) | |
ad F2023L00082 | |
r 7.06......................................... | ad F2023L00082 |
Part 7‑5...................................... | ad F2023L00625 |
r 7.07......................................... | ad F2023L00625 |
r 7.08......................................... | ad F2023L00625 |
r 7.09......................................... | ad F2023L00625 |
Part 7‑6...................................... | ad F2024L00868 |
r 7.10......................................... | ad F2024L00868 |
r 7.11......................................... | ad F2024L00868 |
Schedule 2.1............................... | am No 321, 2012; F2017L00161; F2023L00625; F2024L00297 |
Schedule 2.1A............................ | ad F2017L01674 |
Schedule 2.3............................... | am No 139, 2013 |
Schedule 3.1............................... | am No 321, 2012; F2024L01031 |
Schedule 3.2............................... | am. 2012 No. 321 |
Schedule 3.3............................... | am No 321, 2012; F2019L00377; F2022L01640 |
Schedule 5.2............................... | am No 164, 2009; No 300, 2009; No 321, 2012; F2023L00625 |
Schedule 5.3............................... | ad F2017L01679 |
am F2024L01299 | |
Schedule 6.1............................... | am No 321, 2012; F2022L01640 |
Schedule 6.1A............................ | ad No 322, 2012 |
am F2022L01640 | |
Schedule 6.3............................... | am No 164, 2009; No 300, 2009; No 91, 2011; No 152, 2011; No 242, 2013; F2024L00868 |
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