Fair Work Act. Australia
Terms and conditions of employment (Chapter 2)
(1) Chapter 2 provides for terms and conditions of employment of national system employees.
(2) Part 2–1 has the core provisions for the Chapter. It deals with compliance with, and interaction between, the sources of the main terms and conditions provided under this Act — the National Employment Standards, modern awards and enterprise agreements.
Note: Workplace determinations are another source of main terms and conditions. In most cases, this Act applies to a workplace determination as if it were an enterprise agreement in operation (see section 279).
Main terms and conditions
(3) Part 2–2 contains the National Employment Standards, which are minimum terms and conditions that apply to all national system employees.
(4) Part 2–3 is about modern awards. A modern award is made for a particular industry or occupation and provides additional minimum terms and conditions for those national system employees to whom it applies. A modern award can have terms that are ancillary or supplementary to the National Employment Standards.
(5) Part 2–4 is about enterprise agreements. An enterprise agreement is made at the enterprise level and provides terms and conditions for those national system employees to whom it applies. An enterprise agreement can have terms that are ancillary or supplementary to the National Employment Standards.
(6) Part 2–5 is about workplace determinations. A workplace determination provides terms and conditions for those national system employees to whom it applies. A workplace determination is made by FWA if certain conditions are met.
(7) Part 2–8 provides for the transfer of certain modern awards, enterprise agreements, workplace determinations and other instruments if there is a transfer of business from one national system employer to another national system employer.
Other terms and conditions
(8) In addition, other terms and conditions of employment for national system employees include those:
(a) provided by a national minimum wage order (see Part 2–6) or an equal remuneration order (see Part 2–7);and
(b) provided by Part 2–9 (which deals with the frequency and method of making payments to employees, deductions from payments and high-income employees).
6 Rights and responsibilities of employees, employers, organisations etc. (Chapter 3)
(1) Chapter 3 sets out rights and responsibilities of national system employees, national system employers, organisations and others (such as independent contractors and industrial associations).
(2) Part 3–1 provides general workplace protections. It:
(a) protects workplace rights; and
(b) protects freedom of association and involvement in lawful industrial activities; and
(c) provides other protections, including protection from discrimination.
(3) Part 3–2 deals with unfair dismissal of national system employees, and the granting of remedies when that happens.
(4) Part 3–3 deals mainly with industrial action by national system employees and national system employers and sets out when industrial action is protected industrial action. No action lies under any law in force in a State or Territory in relation to protected industrial action except in certain circumstances.
(5) Part 3–4 is about the rights of officials of organisations who hold entry permits to enter premises for purposes related to their representative role under this Act and under State or Territory OHS laws. In exercising those rights, permit holders must comply with the requirements set out in the Part.
(6) Part 3–5 allows a national system employer to stand down a national system employee without pay in certain circumstances.
(7) Part 3–6 deals with other rights and responsibilities of national system employers in relation to:
(a) termination of employment; and
(b) keeping records and giving payslips.
7 Compliance and enforcement (Chapter 4)
(1) Chapter 4 provides for compliance with, and enforcement of, this Act.
(2) Part 4–1 is about civil remedies. Certain provisions in this Act impose obligations on certain persons. Civil remedies may be sought in relation to contraventions of these civil remedy provisions. Part 4–1:
(a) deals with applications for orders for contraventions of civil remedy provisions; and
(b) sets out the orders the courts can make in relation to a contravention of a civil remedy provision.
(3) Part 4–2 is about the jurisdiction and powers of the courts in relation to matters arising under this Act.
8 Administration (Chapter 5)
(1) Chapter 5 provides for the administration of this Act by establishing Fair Work Australia and the Office of the Fair Work Ombudsman.
(2) Part 5–1 is about FWA. It:
(a) establishes and confers functions on FWA; and
(b) sets out how matters before FWA are to be conducted (for example, how FWA is to deal with applications made to it).
(3) Part 5–2 is about the Office of the Fair Work Ombudsman. It:
(a) establishes and confers functions on the Fair Work Ombudsman; and
(b) confers functions and powers on Fair Work Inspectors.
9 Miscellaneous (Chapter 6)
(1) Chapter 6 is a collection of miscellaneous matters that relate to the other Chapters.
(2) Part 6–1 provides rules relating to applications for remedies under this Act. It prevents certain applications if other remedies are available and prevents multiple applications or complaints in relation to the same conduct.
(3) Part 6–2 is about dealing with disputes between national system employees and their employers under modern awards, enterprise agreements and contracts of employment.
(4) Part 6–3 extends the National Employment Standards relating to unpaid parental leave and notice of termination to non-national system employees.
(5) Part 6–4 contains provisions to give effect, or further effect, to certain international agreements relating to termination of employment.
(6) Part 6–5 deals with miscellaneous matters such as delegations and regulations.
Part 1–2—Definitions
Division 1—Introduction
10 Guide to this Part
This Part is about the terms that are defined in this Act.
Division 2 has the Dictionary (see section 12). The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.
Division 3 has definitions relating to the meanings of employee and employer.
Division 4 has some other definitions that apply across this Act.
11 Meanings of employee and employer
In this Part, employee and employer have their ordinary meanings.
Division 2—The Dictionary
12 The Dictionary
In this Act:
4 yearly review of modern awards: