Fair Work Amendment Act 2012

Administered by Attorney-General's Department

Legislation au C2012A00174 In force Act

Legislation content

Fair Work Amendment Act 2012

No. 174, 2012 as amended

Compilation start date:   28 June 2013

Includes amendments up to: Act No. 89, 2013

 

About this compilation

The compiled Act

This is a compilation of the Fair Work Amendment Act 2012 as amended and in force on 28 June 2013. It includes any amendment affecting the compiled Act to that date.

This compilation was prepared on 14 August 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled Act is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled Act is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled Act has expired or otherwise ceased to have effect in accordance with a provision of the Act, details of the provision are set out in the endnotes.

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Default superannuation

Fair Work Act 2009

Schedule 2—Expert Panel

Fair Work Act 2009

Fair Work (Registered Organisations) Act 2009

Road Safety Remuneration Act 2012

Schedule 3—Modern awards

Part 1—Variation etc. of modern awards

Fair Work Act 2009

Part 2—Applications to vary etc. modern awards

Fair Work Act 2009

Schedule 4—Enterprise agreements

Part 1—Enterprise agreements covering a single employee

Fair Work Act 2009

Part 2—Bargaining representatives

Fair Work Act 2009

Part 3—Unlawful terms

Fair Work Act 2009

Part 4—Scope orders

Fair Work Act 2009

Part 5—Notice of employee representational rights

Fair Work Act 2009

Schedule 5—General protections

Part 1—Time limits for making applications

Fair Work Act 2009

Part 2—The persons protected by the general protections

Fair Work Act 2009

Schedule 6—Unfair dismissal

Part 1—Time limits for making applications

Fair Work Act 2009

Part 2—Power to dismiss applications

Fair Work Act 2009

Part 3—Costs orders against parties

Fair Work Act 2009

Part 4—Costs orders against lawyers and paid agents

Fair Work Act 2009

Schedule 7—Industrial action

Part 1—Electronic voting in protected action ballots

Fair Work Act 2009

Part 2—Employees to be balloted in protected action ballots

Fair Work Act 2009

Part 3—Conducting protected action ballots

Fair Work Act 2009

Schedule 8—The Fair Work Commission

Part 1—Stay orders

Fair Work Act 2009

Part 2—Conflicts of interest

Fair Work Act 2009

Part 3—Referral of matters to Full Bench etc.

Fair Work Act 2009

Part 4—Appointing acting Commissioners

Fair Work Act 2009

Part 5—Appointing the General Manager

Fair Work Act 2009

Part 6—Vice Presidents

Fair Work Act 2009

Fair Work (Registered Organisations) Act 2009

Road Safety Remuneration Act 2012

Part 7—Handling complaints

Fair Work Act…

Overview

The Fair Work Amendment Act 2012 was enacted by the Commonwealth Parliament to amend the Fair Work Act 2009, the Fair Work (Registered Organisations) Act 2009, and other related legislation. This Act addresses various issues in the Australian workplace relations system, such as the regulation of superannuation funds, the process of varying modern awards, and the powers and responsibilities of the Fair Work Commission. The overarching policy objective is to ensure fairness and efficiency in the workplace by strengthening the mechanisms for resolving disputes, improving the administration of awards, and enhancing the role of the Fair Work Commission. The Act also introduces changes to the nomenclature, replacing references to "Fair Work Australia" with "the Fair Work Commission" to reflect the ongoing evolution of the Australian industrial relations framework.

Scope and Application

The Fair Work Amendment Act 2012 is a Commonwealth statute that amends the Fair Work Act 2009, the Fair Work (Registered Organisations) Act 2009, the Road Safety Remuneration Act 2012, and other related legislation. The Act applies to employers, employees, employee organisations, employers’ organisations, and other relevant entities within the Australian workplace relations framework. It governs various aspects, including default superannuation arrangements, the process for varying modern awards, enterprise agreements, general protections, unfair dismissal, industrial action, and the operations of the Fair Work Commission. The Act introduces changes such as the requirement for modern awards to include default fund terms, the establishment of Expert Panels to review and vary these terms, and amendments to the timelines and procedures for making applications related to unfair dismissals and general protections. Additionally, the Act changes the name of Fair Work Australia to the Fair Work Commission, reflecting its restructured role and responsibilities. Certain provisions of the Act extend to the external territories of Australia, while others are specific to the national jurisdiction. The Act also includes transitional and saving provisions to ensure continuity in the application of the law during the transition from Fair Work Australia to the Fair Work Commission. Subordinate instruments may further extend or restrict the application of the Act by prescribing application, transitional, or saving matters.

Key Provisions

  • The Fair Work Amendment Act 2012 amends several existing pieces of Australian legislation, primarily focusing on workplace relations and superannuation. Key sections include amendments to modern awards, enterprise agreements, general protections, and the Fair Work Commission. For example, Schedule 1 modifies modern awards to include specific terms regarding superannuation contributions, such as default fund terms (sections 149B and 149C) and the requirement for employers to avoid superannuation guarantee charges (section 149A). Schedule 3 introduces changes to enterprise agreements, prohibiting agreements covering a single employee (section 172(6)) and specifying new conditions for bargaining representatives (section 176(3)). Additionally, it updates the definition of 'paid work' to encompass any form of work for financial gain (section 663).
  • The Act imposes various obligations on the parties it governs. Employers and employee organisations must comply with the new terms regarding superannuation contributions, ensuring they make contributions to specified superannuation funds as outlined in the modern awards (section 149D). Enterprise agreements now need to specify the content and form of notices regarding employee representational rights (section 174(1A)), and these notices must comply with prescribed regulations (subsection 174(6)). The Fair Work Commission (FWC) is mandated to conduct 4-yearly reviews of default fund terms in modern awards, ensuring these terms are varied to reflect the best interests of employees (section 156H).
  • Breaching the provisions of the Act can lead to various civil and criminal consequences. For instance, section 462 imposes penalties for actions such as fraudulently delivering ballot papers during protected action ballots, with the maximum penalty being a fine of up to 120 penalty units or imprisonment for up to two years, or both. Similarly, section 445 introduces penalties for fraudulent conduct during electronic voting in protected action ballots, with fines up to 120 penalty units. The Act also provides for costs orders against parties and representatives in unfair dismissal matters, as stipulated in sections 400A and 401, which can be enforced if the Fair Work Commission finds the conduct unreasonable. Failure to comply with these obligations can result in financial penalties and other legal repercussions, reinforcing the importance of adherence to the Act's provisions.

Legal classification tags

Area of Law
Employment & Labour Law
Corporate Law & Governance
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Licensing & Registration
Enforcement Powers
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.