Fair Work Act

Australia

Fair Work Act involved a stronger emphasis on enterprise based bargaining, away from individual arrangements that were dominant under the previous coalition Work Choices legislation, with the removal of individual Australian Workplace Agreements.

Fair Work Act Act No. 28 of 2009 as amended

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Chapter 1—Introduction

Part 1–1—Introduction

Division 1—Preliminary

1 Short title [see Note 1

]

This Act may be cited as the Fair Work Act 2009.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.В Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

7 April 2009

2.В Sections 3 to 40

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

26 May 2009

(see F2009L01818)

3.В Sections 41 to 572

A day or days to be fixed by Proclamation.

A Proclamation must not specify a day that occurs before the day on which the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 receives the Royal Assent.

However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 receives the Royal Assent, they commence on the first day after the end of that period.

Sections 41–43, 50–54, 58,

169–281A,

300–327, 332, 333, 334–572: 1 July 2009

(see F2009L02563)

Sections 44–49, 55–57A,

59–168,

282–299,

328–331, 333A: 1 January 2010

(see F2009L02563)

4.В Sections 573 to 718

At the same time as the provision(s) covered by table item 2.

26 May 2009

5.В Sections 719 to 800

A day or days to be fixed by Proclamation.

A Proclamation must not specify a day that occurs before the day on which the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 receives the Royal Assent.

However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 receives the Royal Assent, they commence on the first day after the end of that period.

Sections

719–740,

769–800: 1 July 2009

(see F2009L02563)

Sections

741–768: 1 January 2010

(see F2009L02563)

6.В Schedule 1

At the same time as the provision(s) covered by table item 2.

26 May 2009

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

Division 2—Object of this Act

3 Object of this Act

The object of this Act is to provide a balanced framework for cooperative and productive workplace relations that promotes national economic prosperity and social inclusion for all Australians by:

(a) providing workplace relations laws that are fair to working Australians, are flexible for businesses, promote productivity and economic growth for Australia’s future economic prosperity and take into account Australia’s international labour obligations; and

(b) ensuring a guaranteed safety net of fair, relevant and enforceable minimum terms and conditions through the National Employment Standards,