Fair Work Regulations

Regulations made under the new fair work legislation are now available.

Most of the Fair Work Regulations commenced on 1 July 2009 with the regulations relating to modern awards commencing on 1 January 2010.
The text of the regulations is available online.  Click on 'Legislation and regulations'. 

Fair Work Regulations 2009 
Made under the Fair Work Act 2009
Table of Provisions 
The table of contents is as follows:
Chapter 1  Introduction
Part 1-1 Introduction
Division 1 Preliminary
1.01 Name of Regulations
1.02 Commencement 
Part 1-2 Definitions
Division 1 Introduction
1.03 Definitions       
1.04 Meaning of designated outworker term
1.05 Meaning of eligible State or Territory court
1.06 Meaning of prescribed State industrial authority
1.07 Meaning of serious misconduct 13
1.08 Meaning of TCF award 14
Division 4 Other definitions
1.09 Meaning of base rate of pay — pieceworkers (national system employee)
1.10 Meaning of base rate of pay — pieceworkers (enterprise agreement)
1.11 Meaning of ordinary hours of work for award/agreement free employees
1.12 Meaning of pieceworker
Part 1-3 Application of the Act
Division 2 Interaction with State and Territory laws
1.13 State and Territory laws that are not excluded by section 26 of the Act — prescribed laws
1.14 Act excludes prescribed State and Territory laws
1.15 Interaction of modern awards and enterprise agreements with State and Territory laws
Division 4 Miscellaneous
1.16 Interaction between fair work instruments and public sector employment laws 19
Chapter 2 Terms and conditions of employment
Part 2-2 The National Employment Standards
Division 12 Fair Work Information Statements
2.01 Fair Work Ombudsman to prepare and publish Fair Work Information Statement — content
2.02 Fair Work Ombudsman to prepare and publish Fair Work Information Statement — manner of giving Statement to employees
Division 13 Miscellaneous
2.03 What can be agreed to etc. in relation to award/agreement free employees
Part 2-4 Enterprise agreements
Division 3 Bargaining and representation during bargaining
2.04 Notice of employee representational rights — how notice is given
2.05 Notice of employee representational rights — prescribed form
2.06 Appointment of bargaining representatives — independence
Division 4 Approval of enterprise agreement
2.07 FWA may approve an enterprise agreement with undertakings — requirements for signing undertaking
2.08 Model flexibility term for enterprise agreement
2.09 Model consultation term for enterprise agreement
2.10 FWA may approve variation of enterprise agreement with undertaking — requirements for signing undertaking for variation
Division 8 FWA’s general role in facilitating bargaining
2.11 What a bargaining order must specify — bargaining order for reinstatement of employee
Part 2-9 Other terms and conditions of employment
Division 2 Payment of wages
2.12 Certain terms have no effect — reasonable deductions 26
Division 3 Guarantee of annual earnings
2.13 High Income threshold
Chapter 3 Rights and responsibilities of employee, employers organisations etc
Part 3-1 General protections
Division 5 Other protections
3.01 Temporary absence — illness or injury
Division 8 Compliance
Subdivision A Contraventions involving dismissal
3.02 Application fees
Subdivision B Other contraventions
3.03 Application fees
Subdivision C Conference costs
3.04 Schedule of costs
Part 3-2 Unfair dismissal
Division 2 Protection from unfair dismissal
3.05 When a person is protected from unfair dismissal — high income threshold
Division 4 Remedies for unfair dismissal
3.06 Remedy — compensation (amount taken to have been received by the employee)
Division 5 Procedural matters
3.07 Application fees
3.08 Schedule of costs
Part 3-3 Industrial action
Division 2 Protected industrial action
3.09 Purposes prescribed for continuity of employment when employer response action occurs
Division 6 Suspension or termination of protected industrial action by FWA
3.10 Persons prescribed for order to suspend or terminate protected industrial action
Division 8 Protected action ballots
3.11 FWA may decide on ballot agent other than the Australian Electoral Commission — requirements for protected action ballot agent
3.12 Requirements for independent advisor
3.13 Notice of protected action ballot order — notifying employees
3.14 Protected action ballot to be conducted by Australian Electoral Commission or other specified ballot agent — directions about ballot paper
3.15 Compilation of roll of voters
3.16 Protected action ballot papers — form
3.17 Report about conduct of protected action ballot — independent advisor
Subdivision G Miscellaneous
3.18 Conduct of protected action ballot — ballot papers
3.19 Conduct of protected action ballot — scrutiny of ballot
3.20 Conduct of protected action ballot — scrutineers
Division 9 Payments relating to periods of industrial action
3.21 Payments relating to partial work bans — working out proportion of reduction of employee’s payments
3.22 Payments relating to partial work bans — form of partial work ban notice
3.23 Payments relating to partial work bans — content of partial work ban notice
3.24 Manner of giving notice about partial work ban
Part 3-4 Right of entry
Division 3 State or Territory OHS rights
3.25 Meaning of State or Territory OHS law
Division 6 Entry permits, entry notices and certificates
3.26 Form of entry permit
3.27 Form of entry notice
3.28 Form of exemption certificate
3.29 Form of affected member certificate
Part 3-6 Other rights and responsibilities
Division 2 Notification and consultation relating to certain dismissals
Subdivision A Requirement to notify Centrelink
3.30 Employer to notify Centrelink of certain proposed dismissals — form of notice
Division 3 Employer obligations in relation to employee records and pay slips
Subdivision 1 Employee records
3.31 Records — administration
3.32 Records — general matters
3.33 Records — pay
3.34 Records — overtime
3.35 Records — averaging of hours
3.36 Records — leave
3.37 Records — superannuation contributions
3.38 Records — individual flexibility arrangement
3.39 Records — guarantee of annual earnings
3.40 Records — termination of employment
3.41 Records — transfer of business
3.42 Records — inspection and copying of a record
3.43 Records — information concerning a record
3.44 Records — accuracy
Subdivision 2 Pay slips
3.45 Pay slips — form
3.46 Pay slips — content
Chapter 4 Compliance and enforcement
Part 4-1 Civil remedies
Division 3 Small claims procedure
4.01 Plaintiffs may choose small claims procedure
Division 4 General provisions relating to civil remedies and infringement notices
4.02 General
4.03 Definitions for Division
4.04 When an infringement notice can be given
4.05 Content of infringement notice
4.06 Time for payment of penalty
4.07 Extension of time to pay penalty
4.08 Withdrawal of infringement notice
4.09 Effect of payment of penalty
4.10 Refund of penalty
Division 5 Unclaimed money
4.11 Unclaimed money
Chapter 5 Administration
Part 5-1 Fair Work Australia
Division 5 FWA members
5.01 Delegation by the President of functions and powers of FWA
5.02 Dual federal and Territory appointments of Deputy Presidents or Commissioners
5.03 Oath and affirmation of office
Division 7 Seals and additional powers of the President and the General Manager
5.04 President must provide certain information etc. to the Minister and Fair Work Ombudsman
Part 5-2 Office of the Fair Work Ombudsman
Division 3 Office of the Fair Work Ombudsman
5.05 Powers and functions of inspectors — notification of failure to observe requirements
5.06 Powers of inspectors while on premises — taking samples of goods and substances
Chapter 6 Miscellaneous
Part 6-2 Dealing with disputes
Division 2 Dealing with disputes
Subdivision A Model term about dealing with disputes
6.01 Model term about dealing with disputes
Part 6-3 Extension of National Employment Standards entitlements
Division 2 Extension of entitlement to unpaid parental leave and related entitlements
6.02 Modification of meaning of base rate of pay for pieceworkers (non-national system employees)
6.03 Meaning of pieceworker
Part 6-4 Additional provisions relating to termination of employment
Division 2 Termination of employment
6.04 Temporary absence — illness or injury
6.05 Application fees
6.06 Schedule of costs
Division 3 Notification and consultation requirements relating to certain terminations of employment
Subdivision B Requirement to notify Centrelink
6.07 Employer to notify Centrelink of certain proposed terminations — form of notice
Part 6-5 Miscellaneous
Division 2 Miscellaneous
Subdivision 1 Employment matters
6.08 Public sector employer to act through employing authority — meaning of public sector employment
6.09 Public sector employer to act through employing authority — meaning of employing authority
6.10 No action for defamation in certain cases
Schedule 2.1 Notice of employee representational rights
Schedule 2.2 Model flexibility term
Schedule 2.3 Model consultation term
Schedule 3.1 Schedule of costs
Part 1 Instructions
Part 2 Documents
Part 3 Drawing
Part 4 Writing or typing legal letters
Part 5 Copies
Part 6 Perusal and scanning
Part 7 Examination
Part 8 Letters
Part 9 Service
Part 10 Preparation of appeal books
Part 11 Attendances
Part 12 General care and conduct
Part 13 Fees for Counsel for solicitor appearing as Counsel
Part 14 Witnesses’ expenses
Part 15 Disbursements
Schedule 3.2 Ballot papers Form 1 Ballot paper under Part 3 of Chapter 3
Schedule 3.3 Forms relating to entry to premises
Form 1 Entry permit to enter premises
Form 2 Entry notice
Form 3 Exemption certificates
Form 4 Affected member certificate
Schedule 3.4 Forms for certain dismissals
Form 1 Notice to Centrelink of proposed dismissals
Schedule 4.1 Form of claim for unclaimed money
Schedule 5.1 Oath and affirmation of office
Schedule 5.2 Information and copies of documents to be provided to the Minister and the Fair Work Ombudsman
Part 1 Information and copies of documents to be provided to the Minister
Part 2 Information and copies of documents to be provided to the Fair Work Ombudsman
Schedule 6.1 Model term for dealing with disputes for enterprise agreements
Schedule 6.2 Forms for certain terminations
Form 1 Notice to Centrelink of proposed terminations
Schedule 6.3 Public sector employment — employing authorities 


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