Australia Fair Work Act 2009 (Cth): the rules that apply to you

The Fair Work Act 2009 (Cth) carries the Australian equal remuneration duties: it applies to Australian employers, never as this product's default; an EU employer does not read this tier, and this page marks it as the AU tier.

76 controls held, every one stated in our words and cited to its clause, open the held framework.

• r3.31-3.33 regs 3.31 to 3.33 Records: form, basic content and pay
  Records are legible, in English and readily accessible to an inspector, and specify the employer's name and ABN, the employee's name, whether employment is full-time or part-time and permanent, temporary or casual, and the start date; and the rate of remuneration, gross and net amounts paid and deductions, the hours worked by casual or irregular part-time employees paid by time, and details of any incentive payment, bonus, loading, penalty rate, allowance or other separately identifiable entitlement.
• r3.34-3.37 regs 3.34 to 3.37 Records: overtime, averaging, leave and superannuation
  Where overtime penalties or loadings apply, records show daily overtime hours or start and finish times of overtime; written averaging agreements are kept; leave records show leave taken and balances and any cashing-out agreements with the rate and payment date; and superannuation records show each contribution's amount, period, date, fund and the basis of liability including fund choice elections and dates.
• r3.38-3.41 regs 3.38 to 3.41 Records: IFAs, guarantees of annual earnings, termination and transfer of business
  Employers keep copies of IFAs and any notice or agreement ending them, guarantees of annual earnings and the date of any revocation, and for each termination a record of whether it was by consent, notice, summarily or otherwise and who terminated it; on a transfer of business the old employer transfers transferring employees' records to the new employer (copies if a Commonwealth authority), the new employer requests them where needed and keeps them as if it made them.
• r3.42-3.43 regs 3.42 and 3.43 Give employees access to their records
  On request by an employee or former employee, the employer makes a legible copy of the record available for inspection and copying at the premises within 3 business days, or posts it within 14 days, where records are kept at those premises, or as soon as practicable otherwise; tells the person where the records are kept; and allows the person to interview the employer or its representative about a record during ordinary working hours.
• r3.44 reg 3.44 Correct errors in records and do not alter them otherwise
  The employer corrects a record as soon as it becomes aware of an error, notes the nature of the corrected error with the correction, does not alter records (and ensures others do not) except to correct them or as the Act permits, and no one uses an entry known to be false or misleading.
• r3.47-3.48 regs 3.47 and 3.48 Do not reveal family and domestic violence leave on pay slips
  A pay slip does not state that an amount is for paid family and domestic violence leave, that leave taken was FDV leave, or the FDV leave balance; FDV leave pay is reported as ordinary hours or another work payment such as an allowance, bonus or overtime, unless the employee asks for it to be reported as another kind of leave. A pay slip complying with this is not false or misleading (s 536(3A)).
• s102-103 ss 102 and 103 Allow 2 days' unpaid carer's leave per occasion
  Each employee (casuals included) may take 2 days of unpaid carer's leave for each occasion when an immediate family or household member needs care or support because of illness, injury or an unexpected emergency, as one period of up to 2 days or agreed separate periods; it is not available while paid personal/carer's leave could be taken instead.
• s104-106 ss 104 to 106 Provide 2 days' compassionate leave per occasion, paid for non-casuals
  Each employee is entitled to 2 days of compassionate leave for each occasion when an immediate family or household member contracts or develops a life-threatening illness or injury, or dies, when a child who would have been such a member is stillborn, or when the employee or the employee's spouse or de facto partner has a miscarriage. It may be taken as one 2-day period, two 1-day periods or agreed separate periods (for illness or injury, any time while it persists), and non-casual employees are paid the base rate for ordinary hours.
• s106A-106BA ss 106A to 106BA Provide 10 days' paid family and domestic violence leave, at the full rate, to all employees
  Every employee, including part-time and casual employees, is entitled to 10 days of paid family and domestic violence leave in each 12-month period, available in full at the start of each period, not accumulating, and taken as a single period, separate days or agreed shorter periods, when the employee is experiencing family and domestic violence (violent, threatening or abusive behaviour by a close relative, household member or current or former intimate partner that seeks to coerce or control and causes harm or fear) and needs to do something to deal with it that is impractical outside work hours. The employer pays non-casuals the full rate as if they had worked, and casuals the full rate for hours they were rostered (including accepted shifts).
• s106C s 106C Keep family and domestic violence leave information confidential
  The employer takes steps to ensure information about notice or evidence given for family and domestic violence leave is treated confidentially so far as reasonably practicable, and does not use it, without the employee's consent, for anything other than confirming the entitlement, and in particular not to take adverse action, except where required by law or necessary to protect life, health or safety. Pay slips must not identify FDV leave (reg 3.47 and 3.48).
• s108-111 ss 108 to 112 Community service leave, and jury service pay for the first 10 days
  An employee may be absent for an eligible community service activity (jury service, voluntary emergency management activities with a recognised emergency management body, or a prescribed activity) for the time engaged, reasonable travel and rest, and, except for jury service, where the absence is reasonable; the employee gives notice as soon as practicable and evidence on request. For non-casual employees on jury service the employer pays the base rate for ordinary hours for the first 10 days per summons, less any jury service pay received (evidence of which the employer may require). More beneficial State and Territory laws are preserved (s 112).
• s113 s 113 Long service leave under applicable award-derived or agreement-derived terms
  An employee is entitled to long service leave under the applicable award-derived long service leave terms (terms of a pre-2010 award that would have applied) or agreement-derived terms under an FWC order; otherwise State and Territory long service leave laws apply. An enterprise agreement may in limited cases discount service under prior agreements that excluded long service leave (s 113A).
• s114 s 114 Allow absence on public holidays; request work only reasonably
  An employee is entitled to be absent on a public holiday in the place where the employee is based; the employer may request work on a public holiday only if the request is reasonable, and the employee may refuse if the request is unreasonable or the refusal is reasonable, weighing the nature of the workplace and work, personal circumstances, whether the employee could expect the request, compensation through penalties or remuneration, the type of employment, the notice given by each side, and other relevant matters.
• s116 s 116 Pay the base rate for ordinary hours on public holidays not worked
  When an employee is absent on a public holiday (as defined in s 115, including State and Territory declared and substituted days), the employer pays the base rate for the employee's ordinary hours on that day; employees who would not ordinarily have worked that day (for example unrostered casuals or part-timers who do not work that weekday) are not paid.
• s116B s 116B Make superannuation contributions to avoid superannuation guarantee charge (from 1 July 2026)
  An employer makes contributions to a superannuation fund for each employee's benefit so as to avoid liability for superannuation guarantee charge, making unpaid superannuation an NES contravention recoverable under the Act; the obligation is reduced where the employer has paid the charge through the ATO for a benefiting employee (s 116C), a court will usually direct compensation for unpaid contributions into the fund (s 116E), and a Fair Work claim is barred while the Commissioner of Taxation is recovering the same shortfall (s 116D). Added by the Treasury Laws Amendment (Payday Superannuation) Act 2025 from 1 July 2026, alongside payday superannuation timing under the tax laws.
• s117 s 117 Give written notice of termination, or pay in lieu, for the minimum period
  An employer does not terminate an employee's employment without first giving written notice of the day of termination and either allowing at least the minimum notice period (1 week for up to 1 year of continuous service, 2 weeks for 1 to 3 years, 3 weeks for 3 to 5 years, 4 weeks over 5 years, plus 1 week if the employee is over 45 with at least 2 years' service) or paying in lieu at the full rate of pay for the hours the employee would have worked. Excluded: fixed period, task or season employees, serious misconduct, casuals, certain trainees, daily hire construction and meat workers and others listed in s 123.
• s119-122 ss 119 to 122 Pay redundancy pay on the NES scale unless excluded or varied by the FWC
  Where employment is terminated at the employer's initiative because the job is no longer required to be done by anyone (other than ordinary and customary turnover) or because of insolvency, the employer pays redundancy pay at the base rate for ordinary hours on the NES scale by years of continuous service (4 weeks for at least 1 year rising to 16 weeks for 9 to 10 years, and 12 weeks at 10 years or more). Exclusions: less than 12 months' service, small business employers (except in the insolvency case where terminations reduced the headcount), casuals, apprentices, fixed term and serious misconduct cases, industry-specific schemes. The employer may apply to the FWC to reduce the amount where it obtains other acceptable employment for the employee or cannot pay (s 120); transfers of employment recognising service, or an employee's rejection of a comparable offer that recognises service, remove the entitlement subject to FWC orders (s 122).
• s125 s 125 Give each new employee the Fair Work Information Statement
  The employer gives every employee the Fair Work Information Statement (published by the Fair Work Ombudsman, covering the NES, awards, agreement-making, freedom of association, the FWC and FWO, termination, individual flexibility arrangements and right of entry) before, or as soon as practicable after, the employee starts employment.
• s125B s 125B Give casual employees the Casual Employment Information Statement at start, 6 and 12 months
  The employer gives each casual employee the Casual Employment Information Statement before or as soon as practicable after starting, as soon as practicable after 6 months of employment, and as soon as practicable after 12 months and each later 12 months; small business employers give it at the start and after the first 12 months only.
• s144-145 ss 144 and 145 Individual flexibility arrangements under a modern award
  Where an employer and employee make an individual flexibility arrangement under an award's flexibility term, the employer ensures it is genuinely agreed, leaves the employee better off overall than without it, is in writing and signed by both (and by a parent or guardian if the employee is under 18), and that a copy is given to the employee; it can be terminated as the term provides and in any case on up to 28 days' written notice or by written agreement. An arrangement that fails a requirement the employer must ensure is a contravention of the award's flexibility term (s 145). An offer of employment may not be made conditional on signing an IFA (s 341(3) note).
• s173-174 ss 173 and 174 Give a notice of employee representational rights within 14 days of the notification time
  An employer that will be covered by a proposed single-enterprise agreement (other than a greenfields agreement) takes all reasonable steps to give every employee who will be covered and is employed at the notification time (the employer agreeing to or initiating bargaining, receiving a valid written request to bargain for a replacement agreement, or a majority support determination, scope order, supported bargaining or single interest employer authorisation taking effect) a notice of the right to be represented by a bargaining representative, as soon as practicable and no later than 14 days after that time. The notice contains only the prescribed content in the prescribed form.
• s180-181 ss 180 and 181 Pre-approval steps before asking employees to vote on an enterprise agreement
  Before requesting employees to vote, the employer ensures employees who will be covered receive (or have access to) any document an employee organisation gave under s 179 and any document the employer must prepare under s 179A a reasonable time before voting, without false or misleading representations, and takes all reasonable steps to explain the terms and their effect in a manner suited to the employees (for example culturally and linguistically diverse and young employees and those without a bargaining representative). The vote request is made no earlier than 21 days after the last notice of representational rights was given, and may be by ballot or electronic method.
• s185-228 ss 185 and 228 Apply for approval within 14 days and bargain in good faith
  As a bargaining representative, the employer meets the good faith bargaining requirements: attending and participating in meetings at reasonable times, disclosing relevant non-confidential information in a timely way, responding to proposals in a timely way, genuinely considering other representatives' proposals with reasons for its responses, refraining from capricious or unfair conduct undermining freedom of association or collective bargaining, and recognising and bargaining with the other representatives (without being required to make concessions or reach agreement). Once an agreement is made, a bargaining representative applies to the FWC for approval within 14 days (or a further period the FWC allows) with a signed copy and required declarations.
• s202-203 ss 202 and 203 Individual flexibility arrangements under an enterprise agreement
  Under an enterprise agreement's flexibility term the employer ensures any IFA deals only with permitted matters and contains no unlawful term, is genuinely agreed, leaves the employee better off overall, is not subject to third-party approval, is in writing and signed by both (and a parent or guardian for under-18s), can be terminated on no more than 28 days' written notice or by written agreement, and that a copy is given to the employee within 14 days.
• s323 s 323 Pay wages in full, in money, at least monthly
  The employer pays amounts payable for the performance of work in full (except permitted deductions), in money by cash, cheque or similar order, electronic funds transfer to the employee's account or a method authorised by an award or agreement, and at least monthly; where an award or agreement specifies the payment method, that method is used.
• s324 s 324 Make only permitted deductions
  The employer deducts from wages only where the deduction is authorised in writing by the employee and principally for the employee's benefit, authorised under an enterprise agreement, authorised by or under an award or FWC order, or authorised by law or court order. A written authority specifies the amount (or, for ongoing deductions, whether fixed or varying), includes any prescribed information, may be withdrawn in writing at any time, and variations are authorised in writing; deductions of varying amounts for the employer's own benefit are allowed only in prescribed reasonable circumstances. Deductions or payments for employees under 18 need written parental agreement (s 326(4)).
• s325 s 325 No unreasonable requirements to spend or pay money for the employer's benefit
  The employer does not directly or indirectly require an employee, or a prospective employee in connection with potential employment, to spend or pay an amount of their money or wages where the requirement is unreasonable and, for a payment, it benefits the employer or a related party (for example unpaid trials paid by the worker, compulsory purchases from the employer, or cash-back schemes). Terms of awards, agreements or contracts allowing unreasonable deductions or requirements have no effect (s 326), and amounts required contrary to s 325 are treated as unauthorised deductions in recovery proceedings (s 327).
• s328-330 ss 328 to 333A Guarantee of annual earnings for high income employees
  An employer that gives an award-covered employee a guarantee of annual earnings (a written undertaking, accepted by the employee within 14 days of starting or of a variation, to pay earnings above the high income threshold for 12 months or more, where no enterprise agreement applies) first notifies the employee in writing that the modern award will not apply while the guarantee exceeds the threshold, complies with the guarantee during the guaranteed period (subject to lawful reductions such as unpaid leave or industrial action), and, if it terminates the employment before the period ends, pays earnings at the guaranteed annual rate for the part of the period before termination. Earnings exclude amounts that cannot be determined in advance (commissions, bonuses, non-guaranteed overtime) and superannuation guarantee contributions.
• s333B-333D ss 333B to 333D No pay secrecy terms
  Employees may disclose, or not disclose, their remuneration and terms needed to determine remuneration outcomes (including hours) and ask other employees about theirs; these are workplace rights protected by Part 3-1. Pay secrecy terms in contracts and instruments have no effect, and an employer contravenes s 333D if it enters into a contract or written agreement with an employee that includes a term inconsistent with those rights.
• s333E-333H ss 333E to 333H Limits on fixed term contracts and anti-avoidance
  A person does not enter a fixed term employment contract (other than a shift-by-shift casual engagement) that runs for more than 2 years, may be extended or renewed beyond 2 years or more than once, or is a consecutive contract for substantially similar work with substantial continuity where the combined period exceeds 2 years or an extension or renewal option is involved, unless an exception applies (a distinct specialised task, a training arrangement, essential peak-demand work, emergency or temporary absence cover, earnings above the high income threshold, government-funded positions for over 2 years with no reasonable prospect of renewal, governance positions with time limits, award terms permitting it, or prescribed kinds). A prohibited term has no effect, so the contract becomes ongoing. The employer does not terminate, delay re-engagement, replace the employee, change the work or otherwise alter the relationship to avoid these rules.
• s333K s 333K Give the Fixed Term Contract Information Statement
  A person entering into an employment contract that terminates at the end of an identifiable period gives the employee the Fixed Term Contract Information Statement before, or as soon as practicable after, the contract is entered into. Disputes about the Division go to workplace discussion, then the FWC (which may arbitrate by consent) (s 333L).
• s333M s 333M Respect the employee right to disconnect outside working hours
  An employee may refuse to monitor, read or respond to contact or attempted contact from the employer, or from a third party about their work, outside working hours unless the refusal is unreasonable, weighing the reason for the contact, how it is made and how disruptive it is, the compensation (including non-monetary) for remaining available or working additional hours, the role and responsibility, and personal circumstances including caring responsibilities; a refusal is unreasonable where the contact is required by law. The right is a workplace right protected by Part 3-1, a more favourable agreement term continues to apply, and modern awards include a right to disconnect term (s 149F). The Division has applied to small business employers since 26 August 2025.
• s333N-333Q ss 333N to 333Q Resolve right to disconnect disputes and comply with FWC stop orders
  Disputes about the right to disconnect are first discussed at the workplace; either party may then apply to the FWC for an order to stop the employee unreasonably refusing contact, or to stop the employer taking disciplinary or other action or continuing to require contact, or to otherwise deal with the dispute (by arbitration only with consent, s 333V). The FWC starts dealing with stop order applications within 14 days, and a person to whom an order applies does not contravene it. The FWC's written guidelines on the Division inform what is reasonable (s 333W).
• s333X s 333X Preserve employer-funded paid parental leave when a child is stillborn or dies
  Where an employee would have been entitled to employer-funded paid parental leave for a child who is stillborn or dies, the employer does not, because of the stillbirth or death, refuse to allow the employee to take that leave or cancel any part of it without the employee's request, unless the employee's terms expressly allow refusal or cancellation or exclude the entitlement in those circumstances (not by a later unilateral change), or provide other leave that expressly addresses stillbirth or death (ignoring NES unpaid parental leave and compassionate leave).
• s340-342 ss 340 to 342 No adverse action because of a workplace right
  A person does not take adverse action (for an employer: dismissing, injuring the employee in employment, altering the employee's position to their prejudice, or discriminating between employees; for a prospective employer: refusing to employ or discriminating in terms offered; for a principal: terminating, injuring, prejudicing or refusing to use or supply an independent contractor; including threats and organising such action) against another person because the person has, has exercised or proposes to exercise, or has not exercised, a workplace right, to prevent its exercise, or because a third person exercised a workplace right for their benefit. Workplace rights include entitlements and roles under workplace laws and instruments, initiating or participating in processes (FWC matters, bargaining, IFAs, cashing out, flexible work requests, casual conversion, dispute settlement) and making complaints or inquiries about compliance or about one's employment. Action authorised by law is not adverse action. The reason is presumed unless the employer proves otherwise (s 361), and it is enough that the prohibited reason is one of the reasons (s 360).
• s343 s 343 No coercion about exercising a workplace right
  A person does not organise or take, or threaten to organise or take, any action against another with intent to coerce that person or a third person to exercise or not exercise, or propose to exercise or not, a workplace right, or to exercise it in a particular way (protected industrial action excepted).
• s344 s 344 No undue influence or pressure on employee decisions
  An employer does not exert undue influence or pressure on an employee's decision to make or not make an NES agreement or arrangement or an arrangement under a permitted award or agreement term, to agree to or terminate an IFA, to accept a guarantee of annual earnings, to agree or not to a deduction, or to consent to a keeping in touch day.
• s345 s 345 No false or misleading representations about workplace rights
  A person does not knowingly or recklessly make a false or misleading representation about another person's workplace rights or about the exercise or effect of exercising a workplace right, unless the person would not be expected to rely on it.
• s346-350 ss 346 to 350 Protect freedom of association and industrial activity
  A person does not take adverse action against another because the person is or is not a member or officer of an industrial association, engages in lawful industrial activity (joining or not joining, establishing, organising or participating in lawful activities, representing views, paying fees, seeking representation) or declines to engage in unlawful activity, industrial action or prohibited payments (s 346); does not coerce anyone to engage in industrial activity (s 348); does not knowingly or recklessly misrepresent another's obligation to engage in industrial activity or to disclose membership or activity (s 349); and an employer does not induce an employee (or a principal a contractor) to join, not join, remain in or leave an industrial association (s 350).
• s350A s 350A Deal reasonably with workplace delegates and afford their rights
  The employer of a workplace delegate (appointed or elected under a union's rules) does not unreasonably fail or refuse to deal with the delegate, knowingly or recklessly mislead the delegate, or unreasonably hinder, obstruct or prevent the delegate's rights, and bears the burden of proving its conduct was not unreasonable. Delegates are entitled to represent members' industrial interests, reasonable communication with members and eligible persons, reasonable access to the workplace and facilities, and (except with small business employers) reasonable paid time for related training; compliance with the delegates' rights term in the applicable award or agreement satisfies these rights (s 350C).
• s351 s 351 No adverse action on discriminatory grounds
  An employer does not take adverse action against an employee or prospective employee because of race, colour, sex, sexual orientation, breastfeeding, gender identity, intersex status, age, physical or mental disability, marital status, family or carer's responsibilities, subjection to family and domestic violence, pregnancy, religion, political opinion, national extraction or social origin, except action not unlawful under the relevant anti-discrimination law, action based on the inherent requirements of the position, or good-faith action by a religious institution to avoid injury to adherents' religious susceptibilities.
• s352 s 352 No dismissal for temporary absence due to illness or injury
  An employer does not dismiss an employee because the employee is temporarily absent from work because of illness or injury of a prescribed kind (reg 3.01: the employee provides a medical certificate or statutory declaration within 24 hours or a reasonable longer time, complies with an instrument's notice and substantiation terms, or has given evidence for paid personal leave; an absence of more than 3 months, or total absences of more than 3 months in 12 months, is not protected unless the employee is on paid personal/carer's leave).
• s357 s 357 Do not misrepresent employment as independent contracting
  A person that employs, or proposes to employ, an individual does not represent that the employment contract is a contract for services under which the individual works as an independent contractor, unless it proves it reasonably believed at the time that it was a contract for services, having regard to the size and nature of its enterprise and other relevant matters.
• s358 s 358 Do not dismiss an employee to re-engage them as a contractor
  An employer does not dismiss, or threaten to dismiss, an employee who performs particular work in order to engage the individual as an independent contractor to perform the same or substantially the same work under a contract for services.
• s359 s 359 Do not make knowingly false statements to persuade an employee to become a contractor
  A person that employs or has employed an individual does not make a statement it knows is false to persuade or influence the individual to enter a contract for services to perform the same or substantially the same work as an independent contractor.
• s359B-359C ss 359B and 359C Do not dismiss or mislead to convert employees to casual employment
  An employer does not dismiss, or threaten to dismiss, an employee who performs particular work in order to re-engage the individual as a casual employee for the same or substantially the same work, and a person that has employed an individual other than as a casual does not make a statement it knows is false to persuade the individual to enter casual employment for the same or substantially the same work.
• s44 s 44 Comply with the National Employment Standards
  An employer does not contravene any provision of the National Employment Standards (Part 2-2, Divisions 3 to 12). The NES are minimum standards that cannot be displaced by a modern award, enterprise agreement or contract (ss 55, 61), and a contravention is a civil remedy contravention.
• s45 s 45 Comply with every term of an applicable modern award
  A person to whom a modern award applies does not contravene any of its terms (minimum rates, classifications, hours, penalty rates, overtime, allowances, breaks, rostering, consultation, dispute resolution and record terms). The award applies when it covers the employee and employer, is in operation, and no enterprise agreement or high income guarantee displaces it.
• s50 s 50 Comply with every term of an applicable enterprise agreement
  A person to whom an enterprise agreement applies does not contravene any of its terms. The agreement applies when it is in operation and covers the employee and employer; it replaces the modern award for that employment while it applies (s 57).
• s527D s 527D Do not sexually harass workers, job seekers or PCBUs in connection with work
  A person does not sexually harass another person who is a worker in a business or undertaking (in the WHS Act sense: employees, contractors, subcontractors, outworkers, apprentices, trainees, students on work experience, volunteers), is seeking to become one, or is a person conducting a business or undertaking, where the harassment is connected with that status. Disputes may be brought to the FWC, which can make stop sexual harassment orders and, by consent, arbitrate (ss 527F to 527T).
• s527E s 527E Take all reasonable steps to prevent sexual harassment by employees and agents
  An employer or principal is treated as having done an act of sexual harassment committed by an employee or agent in connection with the employment or agency unless it proves it took all reasonable steps to prevent the employee or agent from doing such acts. The steps overlap the positive duty under the Sex Discrimination Act 1984 and the WHS duty to manage psychosocial risks.
• s530 s 530 Notify Centrelink before dismissing 15 or more employees for economic or similar reasons
  Where an employer decides to dismiss 15 or more employees for economic, technological, structural or similar reasons, it gives Services Australia (Centrelink) written notice in any prescribed form of the reasons, the number and categories of employees likely to be affected and the timing, as soon as practicable after the decision and before dismissing any employee under it.
• s531 s 531 Notify and consult relevant unions before dismissing 15 or more employees
  Where an employer decides to dismiss 15 or more employees for economic, technological, structural or similar reasons and could reasonably be expected to know that one or more are union members, it notifies each registered employee association of which any affected employee is a member and that can represent them of the proposed dismissals and reasons, numbers and categories and timing, as soon as practicable and before any dismissal, and gives each an opportunity to consult on measures to avert or minimise the dismissals and to mitigate their adverse effects; the FWC may otherwise make orders (ss 532, 533).
• s535 s 535 Make and keep prescribed employee records for 7 years, never false
  The employer makes and keeps for 7 years the employee records the Regulations prescribe for each employee, in the prescribed form and with the prescribed information, and does not make or keep a record it knows is false or misleading in a material particular. Where records are not kept, the employer bears the burden of disproving wage and hours allegations (s 557C).
• s536 s 536 and regs 3.45 and 3.46 Give accurate pay slips within one working day
  The employer gives each employee a pay slip, electronic or hard copy, within one working day of paying them, specifying the employer's name and ABN, the employee's name, the pay period, the payment date, gross and net amounts, any bonus, loading, allowance, penalty rate, incentive payment or other separately identifiable entitlement, each deduction with the fund or account it was paid to, for hourly-paid employees the ordinary rate, hours and amount at that rate, for annual-rate employees the rate as at the latest date, and superannuation contributions made or intended with the fund (a fund name may be omitted in the first 14 days where no chosen or stapled fund is yet known). The employer does not give a pay slip it knows is false or misleading in a material particular.
• s536AA s 536AA Do not advertise jobs at unlawful rates; state piecework periodic rates
  An employer does not advertise, or cause to be advertised, employment at a rate of pay that would contravene the Act or a fair work instrument, and an advertisement for piecework employment where the employee would be entitled to a periodic rate states that rate (or a higher one) or that a periodic rate is payable, unless the employer has a reasonable excuse.
• s550 s 550 Directors, managers, advisers and others must not be involved in an employer's contravention
  A person who is involved in a contravention of a civil remedy provision of the Act (for example underpaying award or NES entitlements, failing to keep records or issue pay slips, adverse action or sham contracting) is taken to have contravened it personally. A person is involved if, and only if, they aided, abetted, counselled or procured the contravention, induced it by threats, promises or otherwise, were knowingly concerned in or party to it by any act or omission, directly or indirectly, or conspired with others to effect it. In the held judgments (FWO v Myles, FWO v Aldred) the court treated directors and managers as involved where they knew the essential facts making up the contravention, such as the rates actually paid; knowing that those facts were unlawful was not needed. An involved person faces the individual penalty, back-payment orders and, where they knew the employer's contravention was serious, the higher serious contravention penalty (s 557A(5A)).
• s558B-1 s 558B(1) Responsible franchisor entities: take reasonable steps to prevent franchisee contraventions
  A franchisor (including a subfranchisor) with a significant degree of influence or control over a franchisee entity's affairs contravenes s 558B(1) when the franchisee, acting as franchisee, contravenes a listed provision (NES, award, enterprise agreement, national minimum wage, pay frequency and method, unreasonable requirements to spend or pay, guarantees of annual earnings, sham contracting ss 357 to 359, records s 535 and pay slips s 536) and the franchisor or one of its officers knew or could reasonably be expected to have known the contravention, or one of the same or a similar character, would or was likely to occur. It is a defence that the franchisor had taken reasonable steps to prevent such contraventions. In judging reasonable steps a court may consider the franchise's size and resources, the franchisor's ability to influence the franchisee, action to ensure franchisees know their workplace obligations, arrangements for assessing franchisee compliance and for receiving and addressing underpayment complaints within the franchise, and whether the franchise arrangements encourage or require compliance. A franchisee entity is one whose business is substantially or materially associated with the franchise's intellectual property (s 558A).
• s558B-2 s 558B(2) Holding companies: take reasonable steps to prevent subsidiary employer contraventions
  A body corporate contravenes s 558B(2) when a subsidiary (within the meaning of the Corporations Act 2001) that is an employer contravenes a listed provision (the same list as s 558B(1)) and the holding company or one of its officers knew or could reasonably be expected to have known the contravention, or one of the same or a similar character, would or was likely to occur. It is a defence that the holding company had taken reasonable steps to prevent such contraventions, judged on the group's size and resources, its ability to influence the subsidiary, steps to ensure the subsidiary understood its obligations, compliance assessment arrangements, complaint handling arrangements across the group, and whether group arrangements encourage or require compliance. Liability does not depend on proceedings against the subsidiary, and a holding company that pays may recover from the subsidiary (s 558C).
• s62 s 62 (and ss 63 and 64) Maximum weekly hours and reasonable additional hours
  An employer does not request or require an employee to work more than 38 hours a week (or, for a part-time employee, the lesser of 38 and the employee's ordinary hours) unless the additional hours are reasonable, and the employee may refuse unreasonable additional hours. Reasonableness weighs WHS risk, personal and family circumstances, the needs of the workplace, whether overtime, penalties or remuneration compensate, the notice given by each side, industry patterns, the role and responsibility, averaging terms, and any other relevant matter. Authorised leave counts as hours worked. Averaging over a period is allowed under an award or agreement term, or for award/agreement free employees by written agreement over no more than 26 weeks (ss 63, 64).
• s65A s 65A Respond to a flexible working request in writing within 21 days, refusing only on reasonable business grounds after genuine discussion
  The employer gives a written response within 21 days that grants the request, sets out an agreed different change reached after discussion, or refuses it. The employer may refuse only if it has discussed the request with the employee, genuinely tried to reach agreement on changes to accommodate the circumstances, has not reached agreement, has had regard to the consequences of refusal for the employee, and the refusal is on reasonable business grounds (for example too costly, no capacity to change others' arrangements, impractical to change others' arrangements or recruit, significant loss of efficiency or productivity, or significant negative impact on customer service). A refusal states the reasons and the particular business grounds and how they apply, sets out other changes the employer would make or says there are none, and explains the dispute rights in ss 65B and 65C.
• s65B-65C ss 65B and 65C Resolve flexible work disputes at the workplace and comply with FWC orders
  Where the employer refuses a request or has not responded within 21 days, the parties first try to resolve the dispute by discussion at the workplace; either may refer it to the FWC, which conciliates first and may arbitrate, including ordering the employer to grant the request or make other changes; the employer complies with any such order (a civil remedy provision). More beneficial State and Territory flexible work laws are not excluded (s 66).
• s66AAC s 66AAC Respond to a casual conversion notification within 21 days after consultation
  The employer consults the employee about the notification (and, if accepting, discusses full-time or part-time status, hours and start date) and gives a written response within 21 days that accepts it, stating whether the employee becomes full-time or part-time, the hours of work and the day the change takes effect (the first day of the first full pay period after the response unless otherwise agreed, s 66AAD), or does not accept it with reasons. Non-acceptance is permitted only because the employee still meets the s 15A casual definition, because of fair and reasonable operational grounds (substantial changes to how work is organised, significant impacts on operations, or substantial changes to terms needed to comply with an instrument), or because accepting would breach a legally required recruitment process. Disputes are first discussed at the workplace, then may go to the FWC, whose orders must be complied with (ss 66M, 66MA).
• s66L s 66L No reducing hours, changing patterns or dismissing to avoid casual conversion
  An employer does not reduce or vary an employee's hours, change the employee's pattern of work or terminate the employee's employment in order to avoid any right or obligation under Division 4A. Giving a notification, receiving a response, being converted and taking part in a dispute are workplace rights protected by Part 3-1. The Division does not require an employee to convert, permit the employer to require conversion, or require the employer to increase hours.
• s70-72A ss 70 to 72A Provide 12 months' unpaid parental leave, including up to 100 flexible days
  An eligible employee with responsibility for the care of a child born to the employee or spouse or placed for adoption is entitled to 12 months of unpaid parental leave, taken in a single continuous period (birth-related leave may start up to 6 weeks before the expected birth, or earlier by agreement, and must end within 24 months of the birth or placement), plus up to 100 days of flexible unpaid parental leave (or a higher prescribed number) taken as single or separate days within 24 months of birth or placement, or from 6 weeks before the expected birth, available in full to part-time and casual employees and coming out of the 12 months. The employer may, where a pregnant employee continues working in the 6 weeks before birth, request a medical certificate and in the stated cases require unpaid parental leave (s 73). Notice is given 10 weeks ahead where practicable, with confirmation 4 weeks before (s 74). Keeping in touch days (up to 10, by consent, not within 14 or 42 days of birth) and a permitted work period while a child is hospitalised may be agreed without pressure (ss 78A, 79A).
• s75-76C ss 75 to 76C Extensions of unpaid parental leave: accept the first notice, respond to requests within 21 days
  An employee on unpaid parental leave for less than the available period may extend once by written notice at least 4 weeks before the original end date, and further by agreement (s 75). An employee who uses the full available period may request, at least 4 weeks before it ends, a further period of up to 12 months (not beyond 24 months after birth or placement) (s 76). The employer gives a written response within 21 days, granting it, setting out an agreed different period, or refusing it only after discussion, a genuine attempt to agree, regard to the consequences for the employee and on reasonable business grounds, with reasons, the particular grounds, any period it would agree to and the dispute rights (s 76A). Disputes go first to workplace discussion then to the FWC, whose orders must be complied with (ss 76B, 76C).
• s80-85 ss 80 and 85 Unpaid special parental leave and unpaid pre-adoption leave
  The employer allows unpaid special parental leave while an employee is not fit for work because of a pregnancy-related illness or because a pregnancy of at least 12 weeks ended other than by a live birth (not a stillbirth), and up to 2 days of unpaid pre-adoption leave to attend interviews or examinations required for adoption approval (unless the employer directs another available form of leave), on notice given as soon as practicable and evidence that would satisfy a reasonable person if requested (a medical certificate may be required).
• s81-82A ss 81 to 82A Transfer a pregnant employee to a safe job, or give paid or unpaid no safe job leave
  Where a pregnant employee gives evidence (which may be a medical certificate) that she is fit for work but that it is inadvisable to continue in her present position during a stated risk period because of pregnancy-related illness or risks or hazards of the position, the employer transfers her to an appropriate safe job (same ordinary hours or hours she agrees) for the risk period with no other change to her terms, paying her full rate of pay for her previous position. If no safe job is available, an employee entitled to unpaid parental leave who has met the s 74 notice and evidence requirements gets paid no safe job leave at the base rate for ordinary hours for the risk period; one not entitled to unpaid parental leave gets unpaid no safe job leave. In the 6 weeks before the expected birth the employer may seek a further certificate and, in the stated cases, require unpaid parental leave (s 82).
• s83 s 83 Consult an employee on unpaid parental leave about significant decisions affecting the position
  Where an employee is on unpaid parental leave (other than flexible days) and the employer decides something that will significantly affect the status, pay or location of the employee's pre-parental leave position, the employer takes all reasonable steps to give the employee information about the effect of the decision on that position and an opportunity to discuss it.
• s84 s 84 Return to work guarantee after unpaid parental leave
  When unpaid parental leave ends, the employee returns to the pre-parental leave position (the position held before any safe job transfer or reduced hours due to pregnancy) or, if that position no longer exists, an available position for which the employee is qualified and suited nearest in status and pay to it.
• s84A s 84A Notify replacement employees that their engagement is temporary
  Before engaging an employee to do the work of an employee going on, or on, unpaid parental leave (other than flexible days), the employer tells the replacement that the engagement is temporary and of the absent employee's rights to cancel or end leave early on stillbirth or death of the child, the return to work guarantee, and the employer's right to require an early return where the absent employee ceases caring for the child.
• s87 s 87 Accrue 4 weeks' paid annual leave (5 for shiftworkers)
  Each non-casual employee accrues 4 weeks of paid annual leave per year of service, or 5 weeks for a shiftworker as defined by the applicable award or agreement (or, for award/agreement free employees, one regularly rostered on continuous 24/7 shifts and regularly working Sundays and public holidays, or a prescribed class), accruing progressively according to ordinary hours and accumulating from year to year.
• s88-89 ss 88 and 89 Do not unreasonably refuse annual leave; public holidays and other leave not counted
  Paid annual leave is taken for a period agreed between employer and employee, and the employer does not unreasonably refuse a request to take it. A public holiday falling during annual leave, and any period of other NES leave (other than unpaid parental leave) or community service absence, is not counted as annual leave.
• s90 s 90 Pay annual leave at the base rate, and pay out untaken leave on termination
  When an employee takes paid annual leave the employer pays the base rate of pay for the ordinary hours in the period (awards and agreements may add loadings), and when employment ends pays the amount that would have been payable had the employee taken the untaken leave (subject to transfer of employment rules, s 91).
• s92-94 ss 92 to 94 Cash out annual leave only under permitted terms, and require leave only reasonably
  Paid annual leave is cashed out only under award or agreement cashing-out terms or, for award/agreement free employees, a separate written agreement for each cashing out that leaves at least 4 weeks' balance and pays at least the full amount the leave would have attracted. Requirements to take leave are made only where reasonable (for example excessive accrual or a shutdown), under award or agreement terms or for award/agreement free employees.
• s96-101 ss 96 to 101 Provide 10 days' paid personal/carer's leave a year, paid at the base rate
  Each non-casual employee accrues 10 days of paid personal/carer's leave per year of service, progressively on ordinary hours and cumulative, to take when unfit for work because of personal illness or injury, or to care for or support an immediate family or household member who is ill, injured or affected by an unexpected emergency; the employer pays the base rate for ordinary hours taken. A public holiday or paid family and domestic violence leave within the period is not counted. Cashing out is only under award or agreement terms that keep at least 15 days' balance, by separate written agreement, at the full value.