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Fair Work Act 2009 information


Parliament of Australia
Long title
  • An Act relating to workplace relations, and for related purposes
CitationNo. 28, 2009 or No. 28, 2009 as amended
Territorial extentStates and territories of Australia
Enacted byHouse of Representatives
Royal assent7 April 2009
Commenced1 July 2009
Legislative history
Introduced byRudd government
First reading25 November 2008
Second reading1 December 2008
First reading5 December 2008
Second reading11 March 2009
Related legislation
Industrial Relations Act 1988
Workplace Relations Amendment Act 2005
Status: In force

The Fair Work Act 2009 (Cth) is an Act of the Parliament of Australia, passed by the Rudd government to reform the industrial relations system of Australia.[1][2] It replaced the Howard government's WorkChoices legislation, it established Fair Work Australia, later renamed the Fair Work Commission.[3]

As the core piece of Australian labour law legislation, it provides for terms and conditions of employment, and also sets out the rights and responsibilities of parties to that employment.

The Act established a safety net consisting of a national set of employment standards, national minimum wage orders, and a compliance and enforcement regime.[4] It also establishes an institutional framework for the administration of the system comprising the Fair Work Commission and the Fair Work Ombudsman, The Fair Work Divisions of the Federal Court and Federal Magistrates Court and, in some cases, state and territory courts, perform the judicial functions under the Act.[5]

The Act is the foundation of Australia's industrial relations legal framework, thought to be one of the most complex in the world.[6][7][8]

  1. ^ Taylor, Jeremy (1 July 2009). "Unions welcome new Fair Work Act". The 7:30 Report.
  2. ^ "Fair Work timeline". Sir Richard Kirby Archives. 20 March 2017. Archived from the original on 11 September 2020.
  3. ^ Kuruppu, Indra; O'Neill, Steve (6 December 2007). "Workplace Relations Reforms". Parliament of Australia.
  4. ^ Fair Work Act 2009 (Cth) Part 4–1.
  5. ^ "Overview of the Fair Work Act 2009 (Cth)". Australian Law Reform Commission. 18 August 2011.
  6. ^ Hannan, Ewin (14 April 2015). "Australia Leads World in Complex Workplace Laws, Hays Recruitment". Financial Review.
  7. ^ Gonski, Mike (1 December 2020). "Deciphering the Complex World of Underpayment of Wages: Compliance and Enforcement". Herbert Smith Freehills.
  8. ^ "What is Industrial Law?". Cairns Employment & Workplace Lawyers. 9 October 2018.

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Taylor, Jeremy (1 July 2009). "Unions welcome new Fair Work Act". The 7:30 Report. Retrieved 5 January 2013. "Fair Work Act 2009". Federal Register of...

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Commission (former Fair Work Australia), the national workplace relations tribunal, began operation on 1 July 2009 under the Fair Work Act 2009. The head of...

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Australian labour law

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and democracy at work, and the duties of employers, across the Commonwealth and in states. Under the Fair Work Act 2009, the Fair Work Commission creates...

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Federal Court of Australia. The Fair Work Ombudsman alleged the conversion breached section 357 of the Fair Work Act 2009. This section prohibits employers...

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unfairly dismissed from work in the Fair Work Act 2009. This is a core part of Australian labour law, and refers to an unlawful act of employment termination...

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National Employment Standards

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minimum entitlements for employees in Australia who are covered by the Fair Work Act 2009. An award, enterprise agreement, other registered agreement or employment...

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Enterprise bargaining agreement

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employees the matter goes to a vote). The Fair Work Commission then assess them for approval. (Under the Fair Work Act 2009, agreements now[update] renamed "enterprise...

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Fair Work Building and Construction

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industry: Investigating alleged contraventions of: the Fair Work Act 2009 the Independent Contractors Act 2006 Building Code 2013 Responding to enquiries for...

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Australian Fair Pay and Conditions Standard

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the Howard government's WorkChoices amendments to Australian labour law in 2006 and then abolished by the Fair Work Act 2009 in 2010. The five statutory...

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WorkChoices

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WorkChoices legislation and replaced it with the Fair Work Act 2009. WorkChoices made a number of significant changes to the Workplace Relations Act 1996...

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Workplace Relations Act 1996

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labour law. The Act was repealed on 1 July 2009 by the Fair Work Act 2009 passed by the Rudd Labor Government, and superseded by the Fair Work (Registered...

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Mental health day

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to get the day off work because they feel they are not coping."[unreliable source?] In Australia, according to the Fair Work Act 2009, employees are entitled...

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Unfair dismissal

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law, unfair dismissal occurs where the Fair Work Commission, acting under section 385 of the Fair Work Act 2009, determines that: a person has been dismissed;...

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Small business

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Small businesses range from fifteen employees under the Australian Fair Work Act 2009, fifty employees according to the definition used by the European...

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Closed shop

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considered an "adverse action" and is hence illegal under S.342 of the Fair Work Act 2009. Organized labour portal Merit shop Master contract (labor) Bump (union)...

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2011 Qantas industrial disputes

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the Fair Work Act 2009, which enabled a minister to unilaterally make a declaration to terminate industrial action. On 8 August 2012, Fair Work Australia...

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Fair Labor Standards Act of 1938

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The Fair Labor Standards Act of 1938 29 U.S.C. § 203 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half"...

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Minimum wage

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wage reviews | Fair Work Commission". www.fwc.gov.au. Retrieved 2 May 2022. Fair Work Act 2009 (Act Part 2-6, Act Fair Work Act). 7 July 2009. p. 284. Annual...

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Harvester case

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credited as the foundation for the national minimum wage included in the Fair Work Act 2009. As well as national ramifications, the decision was of international...

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Public holidays in Australia

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rates in many workplaces; however since the implementation of the Fair Work Act 2009 and the modern awards in 2010, most public-holiday penalty rates have...

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Australian workplace agreement

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minimum conditions were satisfied.[6] New AWAs were banned under the Fair Work Act 2009. As of May 2004, AWAs had achieved coverage of about 2.4% of the workforce...

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Immediate family

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or marriage; spouse; grandparent or grandchild." The Australian Fair Work Act 2009, Section 12, defines immediate family as "a spouse, de facto partner...

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Individual flexibility agreement

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An individual flexibility agreement (IFA) is part of the Fair Work Act. Specifically, it is an agreement made between a single employer and an individual...

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FairTax

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replacing them with a single consumption tax on retail sales. The proposed Fair Tax Act (H.R. 25/S. 18) would apply a tax, once, at the point of purchase on...

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Western Australian Industrial Relations Commission

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Australia under the Fair Work Act 2009. The industrial conciliation system, modelled on New Zealand's Industrial Conciliation and Arbitration Act 1894, was created...

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Australian Industry Group

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public policy areas, weighing in on such issues as the response to the Fair Work Act 2009, minimum wage, skill shortages, environment and energy, occupational...

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