Fair Work Act 2009
No. 28, 2009
Compilation No. 73
Compilation date: 7 July 2026
Includes amendments: Act No. 62, 2026
This compilation is in 4 volumes
Volume 1: | Chapter 1, Part 1-1 to Chapter 2, Part 2-4 |
| sections 1 to 257 |
Volume 2: | Chapter 2, Part 2-5 to Chapter 3A, Part 3A-5 |
| sections 258 to 536NK |
Volume 3: | Chapter 3B, Part 3B-1 to Chapter 6, Part 6-5 |
| sections 536NL to 800 |
Volume 4: | Schedules |
| Endnotes |
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Fair Work Act 2009 that shows the text of the law as amended and in force on 7 July 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1—Introduction
Part 1‑1—Introduction
Division 1—Preliminary
1 Short title
2 Commencement
Division 2—Object of this Act
3 Object of this Act
Division 3—Guide to this Act
4 Guide to this Act
5 Terms and conditions of employment (Chapter 2)
6 Rights and responsibilities of employees, employers, organisations etc. (Chapter 3)
6A Rights and responsibilities of regulated workers, regulated businesses, organisations etc. (Chapter 3A)
6B Rights and responsibilities of persons in a road transport contractual chain
7 Compliance and enforcement (Chapter 4)
8 Administration (Chapter 5)
9 Miscellaneous (Chapter 6)
9A Application, transitional and saving provisions for amendments (Schedules)
Part 1‑2—Definitions
Division 1—Introduction
10 Guide to this Part
11 Meanings of employee and employer
Division 2—The Dictionary
12 The Dictionary
Division 3—Definitions relating to the…
Overview
The Fair Work Act 2009 was enacted by the Parliament of Australia with the primary objective of establishing a balanced and fair framework for workplace relations, promoting economic prosperity and social inclusion through cooperative workplace relations, and ensuring that workplace relations laws are consistent across the nation. This Act was introduced to address the fragmentation and complexity of the previous workplace relations system, aiming to provide a more streamlined and effective approach to regulating employment conditions, resolving disputes, and facilitating collective bargaining. It replaces the Workplace Relations Act 1996 and aims to create a modern industrial relations system that supports productivity, fairness, and flexibility in the workplace. The Fair Work Act 2009 provides for the establishment of the Fair Work Commission and the Office of the Fair Work Ombudsman, which are key bodies in administering and enforcing the provisions of the Act. The Act sets out minimum standards for employment, including the National Employment Standards, and establishes processes for the development and approval of modern awards and enterprise agreements, which are critical instruments in determining the terms and conditions of employment for employees across various industries and sectors in Australia.
Scope and Application
The Fair Work Act 2009 is a Commonwealth Act that provides a framework for fair workplace relations in Australia. The Act applies to national system employees and employers, which include constitutional corporations and other employers specified by regulations. The Act excludes certain persons and entities that are insufficiently connected with Australia, as determined by regulations. The Fair Work Commission (FWC) and the Office of the Fair Work Ombudsman have key roles in the administration and enforcement of the Act. The Act extends to all States and Territories, with specific exclusions and interactions with State and Territory laws. The Act includes provisions for terms and conditions of employment, rights and responsibilities of employees and employers, dispute resolution mechanisms, and the establishment of modern awards and enterprise agreements. It also sets out the powers and functions of the FWC in relation to these matters. The Act applies to the Commonwealth, and to all States and Territories, but certain State and Territory laws are excluded or modified by the Act. Subordinate instruments, such as regulations and orders, may further define or modify the application of the Act.
Key Provisions
- The Fair Work Act 2009 (the Act) is a comprehensive piece of legislation that establishes the framework for workplace relations in Australia. The Act's main operative sections include the National Employment Standards (NES) (sections 50-57), which set out the minimum terms and conditions of employment for all employees, and modern awards and enterprise agreements (sections 161-168, 172-173, 179-181), which provide additional terms and conditions for specific industries, occupations, or enterprises. The Act also sets out the rights and responsibilities of employees, employers, and organisations (sections 342-359), as well as the processes for making and approving enterprise agreements (sections 169-189).
- The Act imposes several obligations on the parties it governs. Employers are required to comply with the NES (section 50) and any applicable modern award or enterprise agreement (sections 44, 50). Employees must be provided with information about their rights and entitlements (sections 65-66, 124-125B), and employers must provide employees with a Fair Work Information Statement (section 124). Employers and employees must also engage in good faith bargaining when negotiating enterprise agreements (section 228). Additionally, employers must make contributions to their employees' superannuation funds (section 116B) and provide employees with information about their superannuation arrangements (section 116D).
- The Act includes various offences, penalties, and civil/criminal consequences for breach. For example, contravening the NES (section 50) or a modern award or enterprise agreement (sections 44, 50) can result in civil penalties, including pecuniary penalties (sections 536-536NA). Employers who fail to make superannuation contributions (section 116B) may also face civil penalties. In more serious cases, contravening certain provisions of the Act can result in criminal penalties, including fines and imprisonment (sections 536-536NA, 541). The maximum penalties for contravening the Act vary depending on the specific provision breached, but can include fines of up to $66,600 for individuals and $333,000 for corporations (section 536NA). In some cases, the Fair Work Commission (FWC) may also order an employer to pay compensation to an affected employee (section 541).
- Area of Law
- Employment & Labour Law
- Commercial Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Transitional Provisions
- Enforcement
- Compliance Obligations
- Dispute Resolution
- Good Faith Bargaining Requirements