to promote:

efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and

compliance with financial reporting and accountability requirements of this Act;

to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;

to do anything incidental to or conducive to the performance of any of the above functions.

details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;

details of:

when each investigation was started; and

if the investigation has been completed—when it was completed; and

if the investigation has not been completed—when it is expected to be completed;

details of any orders applied for under subsection 310(1) of this Act;

details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:

registered employer organisations; or

registered employee organisations; or

members of registered employer organisations; or

members of registered employee organisations;

any other matter prescribed by the regulations.

made under the Registered Organisations Act by the General Manager (including a delegate of the General Manager);

the Office of the Fair Work Ombudsman is a listed entity; and

the Fair Work Ombudsman is the accountable authority of the Office of the Fair Work Ombudsman; and

the following persons are officials of the Office of the Fair Work Ombudsman:

the Fair Work Ombudsman;

the staff of the Office of the Fair Work Ombudsman;

the inspectors appointed under section 700;

persons whose services are made available to the Fair Work Ombudsman under section 698;

consultants engaged under section 699; and

the purposes of the Office of the Fair Work Ombudsman include:

the functions of the Fair Work Ombudsman referred to in section 682; and

the functions of inspectors under Subdivision D.

(a) definition of Commission;

(b) definition of Commissioner.

the General Manager.

the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and

the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and

if the election is not an election for an office—the organisation or branch has made a request under section 187;

the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and

the General Manager;

a person authorised in writing by the General Manager to make the application.

the General Manager or a member of the staff of the FWC authorised by the General Manager to be present; or

subsection 183(4);

any provision of Part 3 or 4 of Chapter 7 (other than section 202);

any provision of Division 1, 2 or 3, or Subdivision B of Division 4, of Part 3 of Chapter 8;

subsection 278(2);

subsection 329G(2);

section 334;

section 335;

section 335K;

subsection 336(1), (2), (3) or (5);

Subdivision A of Division 4 of Part 3 of Chapter 8;

subsection 293L(1);

a member of the staff of the FWC; or

any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:

accounting;

auditing;

financial reporting;

conducting compliance audits or investigations;

a field prescribed by the regulations for the purposes of this subparagraph.

a process begun under the principal Act is incomplete at the commencement time; and

a function or power that the Commissioner was required, or able, to perform or exercise in relation to the process is, because of the amendments made by this Part, no longer conferred on the Commissioner; and

after the commencement time, the function or power is conferred on the General Manager.

the General Manager must or may, as the case requires, perform the function or exercise the power; and

things done by or in relation to the Commissioner before the commencement time have effect as if they were done by or in relation to the General Manager.

subsection 186(1) (exemption in relation to elections);

subsection 234(4) (permission to keep records at specified premises);

section 293M (exemption from financial training).

subsection 241(1) (exemption from certain Australian Accounting Standards);

subsection 256A(2) (declaration in relation to significant role in audit);

subsection 293H(3) (order for alternative disclosure arrangement).

for the purposes of paragraph 189(3)(a) of the principal Act, information lodged with the Commissioner under subsection 189(1) of the principal Act before the commencement time is taken to have been lodged with the FWC under that subsection; and

for the purposes of subsection 236(5) of the principal Act, a copy of a document received by the Commissioner under section 236 of the principal Act before the commencement time is taken to have been received by the General Manager under that section; and

for the purposes of paragraph 255C(1)(b) of the principal Act, a subject certified by an appropriate authority of a university or other institution to the Commissioner to represent a course of study mentioned in subparagraphs 255C(1)(b)(i) and (ii) before the commencement time is taken to have been certified to the General Manager; and

for the purposes of paragraph 269(2)(c) of the principal Act, a copy of audited accounts lodged with the Commissioner under that paragraph before the commencement time is taken to have been lodged with the FWC under that paragraph; and

for the purposes of paragraph 332(1)(a) and subsection 333(1) of the principal Act, documents lodged with the Commissioner under section 268 of the principal Act before the commencement time are taken to have been lodged with the FWC under that section.

the reference in subsection 237(4) of the principal Act to a statement lodged with the FWC under subsection 237(1) includes a reference to a statement lodged with the Commissioner under subsection 237(1) of the principal Act before the commencement time; and

the reference in subsection 261(2) of the principal Act to a document required by or under the principal Act to be lodged with the FWC includes a reference to a document required by or under the principal Act to be lodged with the Commissioner before the commencement time; and

the reference in paragraph 270(3)(c) of the principal Act to documents lodged with the FWC in accordance with subsection 270(7) of the principal Act includes a reference to documents lodged with the Commissioner in accordance with subsection 270(7) of the principal Act before the commencement time; and

the reference in subsection 329G(1) of the principal Act to information acquired by the General Manager in the performance of functions or exercise of powers under the principal Act includes a reference to information acquired by the Commissioner or a member of the staff assisting the Commissioner in the performance of functions or exercise of powers under the principal Act before the commencement time; and

the reference in the Commissioner on behalf of the organisation, or a copy of such a list certified by the Commissioner, before the commencement time.section 349 of the principal Act to a list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, includes a reference to such a list lodged with

suspension of the registration of a person as an auditor for a period wholly or partly after the commencement time;

cancellation of the registration of a person as an auditor.

the amendments or repeals made by this Part; or

the enactment of this Part.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

(a) the rules are expressed to take effect from a date before the rules are registered under the Legislation Act 2003; and

a person engaged in conduct before the registration date; and

but for the retrospective effect of the rules, the conduct would not have contravened a provision of an Act;

civil penalty orders for contraventions of civil penalty provisions; and

infringement notices; and

enforceable undertakings.

it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and

the regulations prescribe the provision for the purposes of this subsection.

the General Manager;

a person appointed as an infringement officer under subsection 316B(1).

the Federal Court;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to the matter.

(a) definition of AAT presidential member;

(b) definition of ancillary site.

(a) definition of authorised officer;

(b) definition of bargaining representative;

(c) definition of building agreement;

(d) definition of building association;

(e) definition of Building Code;

(f) definition of building enterprise agreement;

(g) definition of building industry law enforcement;

(h) definition of building industry participant;

(i) definition of building matter;

(j) definition of building site;

(k) definition of Commonwealth industrial instrument;

(l) definition of Commonwealth Ombudsman.

(a) definition of constitutionally-covered entity;

(b) definition of designated building law;

(c) definition of enterprise agreement;

(d) definition of entrusted person;

(e) definition of examination.

(a) definition of funding entity;

(b) definition of FW Transitional Act;

(c) definition of independent contractor;

(d) definition of industrial action;

(e) definition of industrial association.

(a) definition of lawyer;

(b) definition of lockout;

(c) definition of nominated AAT presidential member;

(d) definition of officer;

(e) definition of official employment;

(f) definition of organisation;

(g) definition of person;

(h) definition of protected industrial action;

(i) definition of protected information;

(j) definition of protected person;

(k) definition of quarter;

(l) definition of single enterprise;

(m) definition of unlawful industrial action;

(n) definition of unlawful picket.

to provide the Fair Work Ombudsman with information and assistance for the purposes of ensuring that the Fair Work Ombudsman can perform the Fair Work Ombudsman’s functions, and exercise the Fair Work Ombudsman’s powers, under the FW Act, so far as those functions and powers relate to the building industry;

(b) to provide the Fair Work Ombudsman with information and assistance for the purposes of ensuring that the Fair Work Ombudsman can perform the Fair Work Ombudsman’s functions, and exercise the Fair Work Ombudsman’s powers, under Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022;Division 5 of Part 3 of Schedule 1 to the

(c) to prepare for the amendments made by Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022;Division 2 of Part 3 of Schedule 1 to the

any other functions conferred on the ABC Commissioner by this Act or by another Act.

the membership of the Security of Payments Working Group during the period:

beginning on 1 July 2022; and

ending at the commencement of this section; and

the operations of the Security of Payments Working Group during the period:

beginning on 1 July 2022; and

ending at the commencement of this section.

promoting the object of this Act (see section 3);

an APS employee whose duties relate to the performance of the Federal Safety Commissioner’s functions or the exercise of the Federal Safety Commissioner’s powers; or

(a) proceedings for an offence against Criminal Code that relates to this Act (false or misleading information or documents);section 137.1 or 137.2 of the

(b) proceedings for an offence against Criminal Code that relates to this Act (obstruction of Commonwealth officials).section 149.1 of the

(a) definition of ABC Commissioner;

(b) definition of Commission;

(c) definition of Commissioner;

(d) definition of Deputy ABC Commissioner;

(e) definition of designated official;

(f) definition of examination notice;

(g) definition of full-time Commissioner;

(h) definition of FWC;

(i) definition of inspector;

(j) definition of part-time Commissioner;

(k) definition of Working Group.

was an APS employee (other than an SES employee); and

was a member of the staff of the Australian Building and Construction Commission; and

was covered by the ABCC Enterprise Agreement; and

(d) was not covered by an agreement under Public Service Act 1999 for the person to move to an Agency from the Australian Building and Construction Commission; andsection 26 of the

had not otherwise arranged to move to an Agency from the Australian Building and Construction Commission.

(a) the person’s employment is taken to have been terminated at the ABCC abolition time under Public Service Act 1999 on the ground that the person is excess to the requirements of the Australian Building and Construction Commission;section 29 of the

(b) for the purposes of Fair Work Act 2009, the person’s employment is taken to have been terminated at the ABCC abolition time at the employer’s initiative because the employer no longer requires the job done by the person to be done by anyone;section 119 of the

the person is to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, any amounts that are payable by the Commonwealth to the person as a result of the termination of the person’s employment.

immediately before the ABCC abolition time, the person:

was an ongoing employee; and

was not on probation; and

the person was not offered a voluntary redundancy under clause 252 of the ABCC Enterprise Agreement before the ABCC abolition time;

the ABCC Enterprise Agreement does not apply to the person; and

the person is entitled to be reimbursed by the Fair Work Ombudsman, on behalf of the Commonwealth, for expenditure incurred by the person within 2 months after the ABCC abolition time in obtaining independent financial advice (up to a limit of $1,000); and

the person is entitled to be reimbursed by the Fair Work Ombudsman, on behalf of the Commonwealth, for expenditure incurred by the person within 2 months after the ABCC abolition time in obtaining career counselling (up to a limit of $1,000); and

the person is entitled to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, a lump sum payment equal to 2 months of the person’s pay; and

the person is entitled to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, a lump sum payment equal to the greater of the following amounts:

the person’s notional involuntary redundancy amount worked out under subitem (7);

the person’s notional voluntary redundancy amount worked out under subitem (8).

immediately before the ABCC abolition time, the person:

was an ongoing employee; and

was not on probation; and

(b) the person was offered a voluntary redundancy under clause 252 of the ABCC Enterprise Agreement, but did not accept the voluntary redundancy; and

the person’s consideration period had not ended before the ABCC abolition time;

the ABCC Enterprise Agreement does not apply to the person; and

the person is entitled to be reimbursed by the Fair Work Ombudsman, on behalf of the Commonwealth, for expenditure incurred by the person within 2 months after the ABCC abolition time in obtaining independent financial advice (up to a limit of $1,000 reduced by any amount the person received from the Commonwealth as reimbursement for expenditure incurred by the person before the ABCC abolition time in obtaining independent financial advice); and

the person is entitled to be reimbursed by the Fair Work Ombudsman, on behalf of the Commonwealth, for expenditure incurred by the person within 2 months after the ABCC abolition time in obtaining career counselling (up to a limit of $1,000 reduced by any amount the person received from the Commonwealth as reimbursement for expenditure incurred by the person before the ABCC abolition time in obtaining career counselling); and

the person is entitled to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, a lump sum payment equal to 2 months (reduced by the number of days in so much of the consideration period as occurred before the ABCC abolition time) of the person’s pay; and

the person is entitled to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, a lump sum payment equal to the greater of the following amounts:

the person’s notional involuntary redundancy amount worked out under subitem (7);

the person’s notional voluntary redundancy amount worked out under subitem (8).

immediately before the ABCC abolition time, the person:

was an ongoing employee; and

was not on probation; and

the person was offered a voluntary redundancy under clause 252 of the ABCC Enterprise Agreement before the ABCC abolition time, but did not accept the voluntary redundancy; and

the person’s consideration period ended before the ABCC abolition time; and

the person’s retention period had not ended before the ABCC abolition time;

the ABCC Enterprise Agreement does not apply to the person; and

the person is entitled to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, a lump sum payment equal to 7 months (reduced by the number of weeks for which the person is entitled to redundancy pay under the National Employment Standards and by the number of days in so much of the retention period as occurred before the ABCC abolition time) of the person’s pay; and

the person is entitled to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, the person’s National Employment Standards entitlement to redundancy pay.

immediately before the ABCC abolition time, the person:

was an ongoing employee; and

was not on probation; and

the person was offered a voluntary redundancy under clause 252 of the ABCC Enterprise Agreement before the ABCC abolition time; and

the person accepted the voluntary redundancy before the ABCC abolition time; and

the person’s notice period had not ended before the ABCC abolition time;

the ABCC Enterprise Agreement does not apply to the person; and

if the person had not been paid a redundancy payment benefit under clause 256 of the ABCC Enterprise Agreement before the ABCC abolition time—the person is entitled to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, a lump sum payment equal to the redundancy benefit that would have become payable to the person under clause 256 of the ABCC Enterprise Agreement if (despite paragraph (e) of this subitem):

that clause were applicable to the person; and

clause 257 of the ABCC Enterprise Agreement were applicable to the person; and

that redundancy benefit were calculated in accordance with clauses 259 to 264 of the ABCC Enterprise Agreement as in force immediately before the ABCC abolition time; and

the person is entitled to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, a lump sum payment equal to the person’s pay for the unexpired portion of the notice period.

was an ongoing employee; and

was not on probation;

7 months (reduced by the number of weeks for which the person is entitled to redundancy pay under the National Employment Standards) of the person’s pay;

the person’s National Employment Standards entitlement to redundancy pay;

if:

at the ABCC abolition time, the person has reached the age of 45 years; and

at the ABCC abolition time, the person has at least 5 years of continuous service (calculated in accordance with clauses 261 to 264 of the ABCC Enterprise Agreement as in force immediately before the ABCC abolition time);

if, at the ABCC abolition time, paragraph (e) does not apply to the person—payment in lieu of notice equal to 4 weeks of the person’s pay.

was an ongoing employee; and

was not on probation;

the redundancy benefit that would have been payable to the person under clause 256 of the ABCC Enterprise Agreement if (despite paragraphs (3)(c) and (4)(d) of this item):

that clause were applicable to the person; and

clause 257 of the ABCC Enterprise Agreement were applicable to the person; and

that redundancy benefit were calculated in accordance with clauses 259 to 264 of the ABCC Enterprise Agreement as in force immediately before the ABCC abolition time;

if:

at the ABCC abolition time, the person has reached the age of 45 years; and

at the ABCC abolition time, the person has at least 5 years of continuous service (calculated in accordance with clauses 261 to 264 of the ABCC Enterprise Agreement as in force immediately before the ABCC abolition time);

if, at the ABCC abolition time, paragraph (d) does not apply to the person—payment in lieu of notice equal to 4 weeks of the person’s pay.

so much of an amount payable to the person under paragraph (3)(g) or (4)(h) of this item as is attributable to paragraph (7)(c) or (8)(c) of this item is taken to be a redundancy benefit from an APS agency; and

an amount payable to the person under paragraph (5)(f) or (6)(f) of this item is taken to be a redundancy benefit from an APS agency.

is to be calculated on the basis of the person’s salary at the time of the termination of the person’s employment; and

includes allowances in the nature of salary which are paid during periods of annual leave and on a regular basis, but does not include allowances which are:

a reimbursement for expenses incurred; or

a payment for disabilities associated with the performance of duty.

was an SES employee; and

was a member of the staff of the Australian Building and Construction Commission; and

was not covered by the ABCC Enterprise Agreement; and

(d) was not covered by an agreement under Public Service Act 1999 for the person to move to an Agency from the Australian Building and Construction Commission; andsection 26 of the

had not otherwise arranged to move to an Agency from the Australian Building and Construction Commission;

(f) the person’s employment is taken to have been terminated at the ABCC abolition time under Public Service Act 1999 on the ground that the person is excess to the requirements of the Australian Building and Construction Commission; andsection 29 of the

(g) Public Service Act 1999 does not apply to the termination of the person’s employment; andsection 38 of the

(h) for the purposes of Fair Work Act 2009, the person’s employment is taken to have been terminated at the ABCC abolition time at the employer’s initiative because the employer no longer requires the job done by the person to be done by anyone; andsection 119 of the

the person is to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, any amounts that are payable by the Commonwealth to the person as a result of the termination of the person’s employment.

the person’s engagement as a consultant is terminated at the ABCC abolition time; and

the person is to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, any amounts that, under the terms and conditions of the person’s engagement, are payable by the Commonwealth to the person as a result of the termination of the person’s engagement.

the Fair Work Ombudsman is, after the transition time, substituted for the Australian Building and Construction Commissioner or the inspector as a party to those proceedings; and

if the proceedings are for an order relating to a contravention of a civil remedy provision—the Fair Work Ombudsman is taken to be an authorised applicant for the order.

the Fair Work Ombudsman; or

a member of the staff of the Office of the Fair Work Ombudsman; or

(c) a person assisting the Fair Work Ombudsman under Fair Work Act 2009; orsection 698 of the

(d) a person engaged as a consultant under Fair Work Act 2009; orsection 699 of the

a Fair Work Inspector;

proceedings covered by subitem (1); or

an application covered by subitem (2).

before the transition time, the Australian Building and Construction Commissioner intervened in a proceeding before the Fair Work Commission; and

(b) the intervention was under subsection 110(1) of the Building and Construction Industry (Improving Productivity) Act 2016; and

the proceeding is pending immediately before the transition time;

the Fair Work Ombudsman is, after the transition time, substituted for the Australian Building and Construction Commissioner as a party to the proceeding; and

the Fair Work Ombudsman may discontinue the Fair Work Ombudsman’s involvement as a party to the proceeding.

before the transition time, the Australian Building and Construction Commissioner made a submission in a matter before the Fair Work Commission; and

(b) the submission was under subsection 110(1) of the Building and Construction Industry (Improving Productivity) Act 2016; and

the matter is pending immediately before the transition time;

the amendments made by this Part do not prevent the Fair Work Commission from considering the submission; and

the making of the submission does not result in:

the former Australian Building and Construction Commissioner; or

a person acting on behalf of the former Australian Building and Construction Commissioner;

the submission has effect as if it had been made by the Fair Work Ombudsman; and

the Fair Work Ombudsman may amend or withdraw the submission.

(a) an inspector made an application to the Fair Work Commission before the transition time in accordance with subsection 111(1) of the Building and Construction Industry (Improving Productivity) Act 2016; and

the application is pending immediately before the transition time;

the application is continued after the transition time; and

the Fair Work Ombudsman is, after the transition time, substituted for the inspector as the applicant; and

(e) paragraph (c) does not prevent the Fair Work Ombudsman from discontinuing the application under Fair Work Act 2009.section 588 of the

before the transition time, the Australian Building and Construction Commissioner commenced an investigation of a suspected contravention by a building industry participant of:

(i) the Fair Work Act 2009; or

(ii) the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or

a Commonwealth industrial instrument; and

the investigation is pending immediately before the transition time;

before the transition time, the Australian Building and Construction Commissioner commenced an investigation of a suspected contravention by a building industry participant of:

(i) the Building and Construction Industry (Improving Productivity) Act 2016; or

(ii) the Independent Contractors Act 2006; or

the Building Code; and

the investigation is pending immediately before the transition time;

(a) a compliance notice was in force under Building and Construction Industry (Improving Productivity) Act 2016 immediately before the transition time; andsection 99 of the

the notice relates to a contravention of:

a provision; or

a term; or

a direction;

the notice had been given by a Fair Work Inspector under subsection 716(2) of that Act; and

(b) in a case where the notice complied with subsection 99(2) of the Building and Construction Industry (Improving Productivity) Act 2016—the notice had complied with subsection 716(2) of the Fair Work Act 2009; and

(c) in a case where the notice complied with subsection 99(3) of the Building and Construction Industry (Improving Productivity) Act 2016—the notice had complied with subsection 716(3) of the Fair Work Act 2009.

the notice relates to the contravention; and

either of the following subparagraphs applies:

the notice has not been withdrawn, and the person has complied with the notice;

(ii) the person has made an application under Building and Construction Industry (Improving Productivity) Act 2016 in relation to the notice that has not been completely dealt with.section 100 of the

(a) is required by Building and Construction Industry (Improving Productivity) Act 2016 to be reimbursed; andsection 32E of the

was incurred before the ABCC abolition time.

(a) Building and Construction Industry (Improving Productivity) Act 2016; andsection 63 of the

(b) item 14 of Schedule 2 to the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016;

that section and that item had not been repealed; and

(d) a reference in Building and Construction Industry (Improving Productivity) Act 2016 to the ABC Commissioner were read as a reference to the Fair Work Ombudsman.section 63 of the

(a) is required by Building and Construction Industry (Improving Productivity) Act 2016 to be paid; andsection 63 of the

was incurred before the transition time.

the Australian Building and Construction Commissioner; or

(b) a person appointed as an Australian Building and Construction Inspector under subsection 66(1) of the Building and Construction Industry (Improving Productivity) Act 2016;

used by the Fair Work Ombudsman in connection with the performance of the Fair Work Ombudsman’s functions or the exercise of the Fair Work Ombudsman’s powers; or

used by a Fair Work Inspector in connection with the performance of the Fair Work Inspector’s functions or the exercise of the Fair Work Inspector’s powers.

under an examination notice issued before the transition time; or

at an examination conducted before the transition time;

that section had not been repealed; and

each reference in that section to a designated official were read as a reference to any of the following:

the Fair Work Ombudsman;

a member of the staff of the Office of the Fair Work Ombudsman;

(iii) a person assisting the Fair Work Ombudsman under Fair Work Act 2009;section 698 of the

(iv) a person engaged as a consultant under Fair Work Act 2009;section 699 of the

a Fair Work Inspector; and

each reference in that section to the ABC Commissioner’s functions were read as a reference to the Fair Work Ombudsman’s functions; and

each reference in that section to the ABC Commissioner’s powers were read as a reference to the Fair Work Ombudsman’s powers; and

each reference in that section to official employment were read as including a reference to appointment as a Fair Work Inspector; and

(h) the reference in paragraph (6)(a) of that section to a report referred to in Building and Construction Industry (Improving Productivity) Act 2016 were read as a reference to a report referred to in section 685 or 686 of the Fair Work Act 2009; andsection 18 or 20 of the

(i) the reference in paragraph (6)(b) of that section to Building and Construction Industry (Improving Productivity) Act 2016 were read as a reference to section 714A of the Fair Work Act 2009.section 107 of the

(a) the definition of protected information in section 5 of the Building and Construction Industry (Improving Productivity) Act 2016; and

(b) item 18 of Schedule 2 to the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016;

(a) before the transition time, the Australian Building and Construction Commissioner provided information to the Fair Work Ombudsman in accordance with the Building and Construction Industry (Improving Productivity) Act 2016; and

the information was lawfully obtained by the Australian Building and Construction Commissioner;

the information was acquired by:

the Fair Work Ombudsman; or

a Fair Work Inspector; or

a member of the staff of the Office of the Fair Work Ombudsman;

(b) Building and Construction Industry (Improving Productivity) Act 2016 applied to the information immediately before the transition time because of any of paragraphs 105(1)(a) to (g) of that Act.section 105 of the

that some of the assets of the Australian Building and Construction Commission (as specified in the determination) are to be transferred to the Department on a day specified in the determination;

that some of the liabilities of the Australian Building and Construction Commission (as specified in the determination) are to be transferred to the Department on a day specified in the determination.

the abolition of the office of Australian Building and Construction Commissioner; or

the abolition of an office of Deputy Australian Building and Construction Commissioner.

the repeals or amendments made by this Part; or

the enactment of this Part.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

(a) the rules are expressed to take effect from a date before the date (the registration date) the rules are registered under the Legislation Act 2003; and

a person engaged in conduct before the registration date; and

but for the retrospective effect of the rules, the conduct would not have contravened a provision of an Act;

the need to improve access to secure work across the economy; and

the need to achieve gender equality in the workplace by ensuring equal remuneration for work of equal or comparable value, eliminating gender-based undervaluation of work and providing workplace conditions that facilitate women’s full economic participation; and

the need to achieve gender equality, including by ensuring equal remuneration for work of equal or comparable value, eliminating gender-based undervaluation of work and addressing gender pay gaps; and

be free of assumptions based on gender; and

include consideration of whether historically the work has been undervalued because of assumptions based on gender.

on its own initiative; or

on application by any of the following:

an employee to whom the order will apply;

an employee organisation that is entitled to represent the industrial interests of an employee to whom the order will apply;

the Sex Discrimination Commissioner.

comparisons within and between occupations and industries to establish whether the work has been undervalued on the basis of gender; or

whether historically the work has been undervalued on the basis of gender; or

any fair work instrument or State industrial instrument.

is not limited to similar work; and

does not need to be a comparison with an historically male-dominated occupation or industry.

be free of assumptions based on gender; and

include consideration of whether historically the work has been undervalued because of assumptions based on gender.

such number of Expert Panel Members as, from time to time, hold office under this Act.

the functions or powers of the Expert Panel; or

the purposes for which the Expert Panel was constituted.

making a determination or modern award under subsection 157(1);

making a determination under subsection 157(2);

making an equal remuneration order under section 302;

performing a function or exercising a power under section 159, 160 or 161 (about variations of modern awards).

an Expert Panel; or

an Expert Panel Member; or

a Commissioner; or

a Full Bench that includes one or more Expert Panel Members.

the President, or a Vice President or Deputy President appointed by the President to be the Chair of the Panel; and

at least 2 Expert Panel Members or other FWC Members who have knowledge of, or experience in, one or both of the following fields:

gender pay equity;

anti-discrimination; and

subject to subsection (2A), such number (if any) of other FWC Members as the President considers appropriate.

the President, or a Vice President or Deputy President appointed by the President to be the Chair of the Panel; and

at least 2 Expert Panel Members or other FWC Members who have knowledge of, or experience in, the Care and Community Sector; and

subject to subsection (2A), such number (if any) of other FWC Members as the President considers appropriate.

the President, or a Vice President or Deputy President appointed by the President to be the Chair of the Panel; and

at least one Expert Panel Member or other FWC Member who has knowledge of, or experience in, one or both of the following fields:

gender pay equity;

anti-discrimination; and

at least one Expert Panel Member or other FWC Member who has knowledge of, or experience in, the Care and Community Sector; and

subject to subsection (2A), such number (if any) of other FWC Members as the President considers appropriate.

for an Expert Panel constituted under subsection 620(1B), (1C) or (1D)—at least 3 FWC Members, of whom:

at least one FWC Member is the President, a Vice President or a Deputy President; and

a majority of the FWC Members have the knowledge or experience required under paragraph 620(1B)(b), paragraph (1C)(b) or paragraphs (1D)(b) and (c) (as the case may be);

anti-discrimination;

the Care and Community Sector.

the employee’s remuneration;

any terms and conditions of the employee’s employment that are reasonably necessary to determine remuneration outcomes.

the other employee’s remuneration;

any terms and conditions of the other employee’s employment that are reasonably necessary to determine remuneration outcomes.

each of the rights in subsections (1) and (2) is a workplace right within the meaning of Part 3-1; and

a person is not prevented from exercising any of those workplace rights because the person, or another person, is no longer an employee of an employer.

the employer enters into a contract of employment or other written agreement with an employee; and

the contract or agreement includes a term that is inconsistent with subsection 333B(1) or (2) (about employee rights relating to pay secrecy).

in Part 3-5A—see subsection 527D(2); and

the other person is a worker in a business or undertaking, seeking to become a worker in a particular business or undertaking, or conducting a business or undertaking; and

the harassment occurs in connection with the other person being a person of the relevant kind.

the Convention on the Elimination of All Forms of Discrimination Against Women, done at New York on 18 December 1979 ([1983] ATS 9); and

Articles 2 and 7 of the International Covenant on Economic, Social and Cultural Rights, done at New York on 16 December 1966 ([1976] ATS 5); and

the ILO Convention (No. 111) concerning Discrimination in Respect of Employment and Occupation, done at Geneva on 25 June 1958 ([1974] ATS 12);

the law makes an act or omission:

an offence; or

subject to a civil penalty; and

that (or any similar) act or omission constitutes a contravention of a civil remedy provision of this Part.

for an order or other direction (however described) to prevent a person from being sexually harassed; or

to deal with a dispute relating to an allegation that a person has been sexually harassed (whether or not by arbitration).

sexual harassment has a different meaning for the purposes of the law to the meaning it has for the purposes of this Act; or

the law describes the conduct prevented, or to which the dispute relates, as sexual harassment.

a worker in a business or undertaking; or

seeking to become a worker in a particular business or undertaking; or

a person conducting a business or undertaking;

(a) make an order (a stop sexual harassment order) under section 527J;

otherwise deal with the dispute.

the aggrieved person;

an industrial association that is entitled to represent the industrial interests of the aggrieved person.

the making of applications under subsection (1) by:

2 or more persons of the kind referred to in subsection (2) acting jointly; or

a single industrial association that is entitled to represent the industrial interests of 2 or more aggrieved persons;

the joinder of the following as parties to the dispute:

one or more aggrieved persons in relation to alleged contraventions of Division 2;

one or more industrial associations each of which is entitled to represent the industrial interests of one or more aggrieved persons in relation to alleged contraventions of Division 2;

(iii) if an aggrieved person in relation to the dispute alleges the aggrieved person has been sexually harassed in contravention of principal)—the principal;Division 2, other than because of the operation of subsection 527E(1), by a person who is an employee or agent of another person (the

(iv) if a party to the dispute alleges another party (the principal) has contravened Division 2 because of the operation of subsection 527E(1)—an employee or agent mentioned in that subsection in relation to the principal;

the withdrawal of persons as parties to the dispute;

the treatment of the dispute under this Act as if there were 2 or more different disputes (instead of a single dispute), with different parties to each of the disputes.

a fee for making an application to the FWC under section 527F; and

a method for indexing the fee; and

the circumstances in which all or part of the fee may be waived or refunded.

an application made under section 527F includes an application for a stop sexual harassment order; and

the FWC is satisfied that:

the aggrieved person has been sexually harassed in contravention of Division 2 by one or more persons; and

there is a risk that the aggrieved person will continue to be sexually harassed in contravention of Division 2 by the person or persons;

if the FWC is aware of any final or interim outcomes arising out of an investigation into the matter that is being, or has been, undertaken by another person or body—those outcomes; and

if the FWC is aware of any procedure available to the aggrieved person—that procedure; and

if the FWC is aware of any final or interim outcomes arising out of any procedure available to the aggrieved person to resolve grievances or disputes—those outcomes; and

any matters that the FWC considers relevant.

Australia’s defence; or

Australia’s national security; or

(c) an existing or future covert operation (Work Health and Safety Act 2011) of the Australian Federal Police; orwithin the meaning of section 12E of the

(d) an existing or future international operation (Work Health and Safety Act 2011) of the Australian Federal Police.within the meaning of section 12E of the

Australia’s defence; or

Australia’s national security; or

(c) an existing or future covert operation (Work Health and Safety Act 2011) of the Australian Federal Police; orwithin the meaning of section 12E of the

(d) an existing or future international operation (Work Health and Safety Act 2011) of the Australian Federal Police.within the meaning of section 12E of the

an application is made under section 527F for the FWC to deal with a dispute; and

the application does not consist solely of an application for a stop sexual harassment order;

the FWC must issue a certificate to that effect; and

if the FWC considers, taking into account all the materials before it, that arbitration under section 527S, or a sexual harassment court application, in relation to the dispute would not have a reasonable prospect of success, the FWC must advise the parties accordingly.

the FWC issues a certificate under paragraph 527R(3)(a) in relation to a dispute; and

(b) 2 or more of the parties (the notifying parties) jointly notify the FWC that they agree to the FWC arbitrating the dispute; and

the notifying parties include at least one party that is:

an aggrieved person in relation to the dispute; or

an industrial association that is entitled to represent the industrial interests of a person who is an aggrieved person in relation to the dispute; and

the notifying parties include at least one party that is a respondent in relation to the dispute; and

the notification:

is given to the FWC within 60 days after the day the certificate is issued, or within such period as the FWC allows on an application made during or after those 60 days; and

complies with any requirements prescribed by the procedural rules.

remove as a party to the dispute a party that is not one of the notifying parties; and

notify a person who is removed under paragraph (a) of the removal.

making one or more of the following orders:

an order for the payment of compensation to an aggrieved person in relation to the dispute;

an order for payment of an amount to an aggrieved person in relation to the dispute for remuneration lost;

an order requiring a person to perform any reasonable act, or carry out any reasonable course of conduct, to redress loss or damage suffered by an aggrieved person in relation to the dispute; and

expressing one or more of the following opinions:

an opinion that a respondent in relation to the dispute has sexually harassed one or more aggrieved persons in contravention of Division 2;

an opinion that a respondent in relation to the dispute has contravened Division 2 because of the operation of subsection 527E(1);

an opinion that it would be inappropriate for any further action to be taken in the matter.

both of the following apply:

the FWC has issued a certificate under paragraph 527R(3)(a) in relation to the dispute;

the sexual harassment court application is made within a period specified in subsection (3); or

the sexual harassment court application includes an application for an interim injunction.

60 days after the day the certificate is issued;

if the person is removed under paragraph 527S(2)(a) as a party to the dispute—14 days after the person is given notice under paragraph 527S(2)(b) of the removal;

such period as the court allows on an application made during or after a period mentioned in paragraph (a) or (b) of this subsection.

subsection 527D(1) (which deals with sexual harassment in connection with work);

prohibiting sexual harassment in connection with work (Part 3-5A);

an order under Part 3-5A (which deals with sexual harassment in connection with work);

the sexual harassment of a person who is a worker in a business or undertaking, seeking to become a worker in a particular business or undertaking, or conducting a business or undertaking; or

a sexual harassment FWC application has been made by, or on behalf of, the first person in relation to the conduct; and

a certificate in relation to the dispute has been issued by the FWC under paragraph 527R(3)(a) (which provides for the FWC to issue a certificate if the FWC is satisfied that all reasonable attempts to resolve a dispute (other than by arbitration) have been, or are likely to be, unsuccessful); and

(c) 2 or more of the parties (the notifying parties) have jointly notified the FWC as mentioned in paragraph 527S(1)(b) that they agree to the FWC arbitrating the dispute; and

paragraphs 527S(1)(c), (d) and (e) apply in relation to the notification; and

the notifying parties include both the first person and the second person.

a sexual harassment FWC application (other than an application that consists solely of an application for a stop sexual harassment order);

a sexual harassment court application;

(c) an application or complaint under an anti-discrimination law or the Australian Human Rights Commission Act 1986 has been made by, or on behalf of, the person in relation to the conduct; and

the application or complaint has not:

been withdrawn by the person who made the application; or

failed for want of jurisdiction.

either of the following applications has been made by, or on behalf of, the person in relation to the conduct:

a sexual harassment FWC application (other than an application that consists solely of an application for a stop sexual harassment order);

a sexual harassment court application; and

the application referred to in paragraph (a) has not:

been withdrawn by the person who made the application; or

failed for want of jurisdiction.

a worker has made an application under section 789FC; and

the FWC is satisfied that:

the worker has been bullied at work by an individual or a group of individuals; and

there is a risk that the worker will continue to be bullied at work by the individual or group;

the Violence and Harassment Recommendation, 2019 (Recommendation No. 206), which the General Conference of the ILO adopted on 21 June 2019;

includes the act of expressing milk; and

includes:

an act of breastfeeding; and

breastfeeding over a period of time.

the term has the purpose of achieving substantive equality for employees or prospective employees who have a particular attribute or a particular kind of attribute (as the case may be) mentioned in subsection (1), or a particular combination of these; and

a reasonable person would consider that the term is necessary in order to achieve substantive equality.

solely for that purpose; or

for that purpose as well as other purposes, whether or not that purpose is the dominant or substantial one.

the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18 December 1979 ([1983] ATS 9); and

article 26 of the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23); and

paragraph 2 of article 2, and articles 6 and 7, of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966 ([1976] ATS 5).

the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18 December 1979 ([1983] ATS 9); and

article 26 of the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23); and

paragraph 2 of article 2, and articles 6 and 7, of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966 ([1976] ATS 5).

section 153;

section 172A;

section 195;

section 351.

the matter to which that operation of those provisions relates is not an excluded subject matter for the purposes of:

the State’s referral law mentioned in sections 30H and 30S; and

Divisions 2A and 2B of Part 1-3; and

the referral of that matter by that referral law results in the Parliament of the Commonwealth having sufficient legislative power for those provisions (to the extent of that operation) to have effect.

the period is greater than 2 years; or

the contract can be renewed so that the employee is employed for more than 2 years; or

in certain circumstances, the employee is employed under consecutive contracts.

the person enters into a contract of employment with an employee; and

the contract includes a term that provides the contract will terminate at the end of an identifiable period (whether or not the contract also includes other terms that provide for circumstances in which it may be terminated before the end of that period); and

the employee is not a casual employee of the employer; and

subsection (2), (3) or (4) applies.

the sum of the identifiable period and any other period for which the contract may be extended or renewed is greater than 2 years; or

the contract provides for an option or right to extend or renew the contract more than once.

the previous contract included a term that provided that the contract would terminate at the end of an identifiable period (whether or not the contract also includes other terms that provide for circumstances in which it may be terminated before the end of that period); and

(b) the previous contract was for the employee to perform the same, or substantially similar, work for the person as the employee is required to perform under the contract referred to in paragraph (1)(a) (the current contract); and

there is substantial continuity of the employment relationship between the person and employee during the period between the previous contract terminating and the current contract coming into effect; and

any of the following apply:

the sum of the period for which the previous contract was in effect and the identifiable period referred to in paragraph (1)(b) for the current contract is greater than 2 years;

the current contract contains an option for renewal or extension;

the previous contract contained an option for extension that has been exercised;

(iii) the previous contract came into effect after another contract (the initial contract) that satisfies the requirements of paragraphs (a) and (b) of this subsection and there was substantial continuity of the employment relationship between the person and the employee during the period between the initial contract terminating and the previous contract coming into effect.

the employee is engaged under the contract to perform only a distinct and identifiable task involving specialised skills; or

the employee is engaged under the contract in relation to a training arrangement; or

the employee is engaged under the contract to undertake essential work during a peak demand period; or

the employee is engaged under the contract to undertake work during emergency circumstances or during a temporary absence of another employee; or

in the year the contract is entered into the amount of the employee’s earnings under the contract is above the high income threshold for that year; or

the contract relates to a position for the performance of work that:

is funded in whole or in part by government funding or funding of a kind prescribed by the regulations for the purposes of this subparagraph; and

the funding is payable for a period of more than 2 years; and

there are no reasonable prospects that the funding will be renewed after the end of that period; or

the contract relates to a governance position that has a time limit under the governing rules of a corporation or association of persons; or

a modern award that covers the employee includes terms that permit any of the circumstances mentioned in subsections 333E(2) to (4) to occur; or

the contract is of a kind prescribed by the regulations for the purposes of this paragraph.

the employee is required to work fewer hours than a full-time employee for a year;

the employee is required to work for only part of a year;

the hours of work of any other full-time employees or part-time employees of the employer employed in the same position as (or in a position that is comparable to) the position of the employee;

(b) the definition of ordinary hours of work in subsection 20(2).

the term of the contract that provides that the contract will terminate at the end of an identifiable period is taken to have no effect; and

the contravention is taken not to affect the validity of any other term of the contract.

this Act and any other law of the Commonwealth;

a law of a State or Territory;

any fair work instrument that applies to the employee;

a copied State instrument;

the employee’s contract of employment.

terminate an employee’s employment for a period;

delay re-engaging an employee for a period;

not re-engage an employee and instead engage another person to perform the same, or substantially similar, work for the person as the employee had performed for the person;

change the nature of the work or tasks the employee is required to perform for the person;

otherwise alter an employment relationship.

Subdivision A of this Division (limitations on fixed term contracts); and

section 333L (disputes about the operation of this Division).

the FWC must deal with the dispute; and

if the parties notify the FWC that they agree to the FWC arbitrating the dispute—the FWC may deal with the dispute by arbitration.

resolving the dispute; or

referring the dispute to the FWC; or

the FWC dealing with the dispute.

whether a person has contravened subsection 333E(1) (limitations on fixed term contracts);

whether subsection 333G(1) (effect of entering prohibited fixed term contract) applies in relation to a contract; and

other terms and conditions of employment (Part 2-9);

another person who, although not legally married to the first person, lives with the first person in a relationship as a couple on a genuine domestic basis (whether the first person and the other person are of the same sex or different sexes); or

a former de facto partner (within the meaning of paragraph (a)) of the first person.

state that the employer grants the request; or

if, following discussion between the employer and the employee, the employer and the employee agree to a change to the employee’s working arrangements that differs from that set out in the request—set out the agreed change; or

subject to subsection (3)—state that the employer refuses the request and include the matters required by subsection (6).

the employer has:

discussed the request with the employee; and

genuinely tried to reach an agreement with the employee about making changes to the employee’s working arrangements to accommodate the circumstances mentioned in subsection (1); and

the employer and the employee have not reached such an agreement; and

the employer has had regard to the consequences of the refusal for the employee; and

the refusal is on reasonable business grounds.

that the new working arrangements requested would be too costly for the employer;

that there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested;

that it would be impractical to change the working arrangements of other employees, or recruit new employees, to accommodate the new working arrangements requested;

that the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity;

that the new working arrangements requested would be likely to have a significant negative impact on customer service.

include details of the reasons for the refusal; and

without limiting paragraph (a) of this subsection:

set out the employer’s particular business grounds for refusing the request; and

explain how those grounds apply to the request; and

either:

set out the changes (other than the requested change) in the employee’s working arrangements that would accommodate, to any extent, the circumstances mentioned in subsection (1) and that the employer would be willing to make; or

state that there are no such changes; and

set out the effect of sections 65B and 65C.

the dispute relates to a request by the employee to the employer under subsection 65(1) for a change in working arrangements relating to circumstances that apply to the employee; and

either:

the employer has refused the request; or

21 days have passed since the employee made the request, and the employer has not given the employee a written response to the request under section 65A.

the FWC must first deal with the dispute by means other than arbitration, unless there are exceptional circumstances; and

the FWC may deal with the dispute by arbitration in accordance with section 65C.

resolving the dispute; or

the FWC dealing with the dispute.

if the employer has not given the employee a written response to the request under section 65A—an order that the employer be taken to have refused the request;

if the employer refused the request:

an order that it would be appropriate for the grounds on which the employer refused the request to be taken to have been reasonable business grounds; or

an order that it would be appropriate for the grounds on which the employer refused the request to be taken not to have been reasonable business grounds;

if the FWC is satisfied that the employer has not responded, or has not responded adequately, to the employee’s request under section 65A—an order that the employer take such further steps as the FWC considers appropriate, having regard to the matters in section 65A;

subject to subsection (3) of this section:

an order that the employer grant the request; or

an order that the employer make specified changes (other than the requested changes) in the employee’s working arrangements to accommodate, to any extent, the circumstances mentioned in paragraph 65B(1)(a).

a provision of this Act; or

a term of a fair work instrument (other than an order made under that paragraph) that, immediately before the order is made, applies to the employer and employee.

for an order made under subparagraph (1)(b)(i)—to be reasonable business grounds; or

for an order made under subparagraph (1)(b)(ii)—not to be reasonable business grounds.

an order under subsection 65C(1) (which deals with arbitration of disputes relating to requests for flexible working arrangements);

the employee is pregnant;

the FWC is satisfied that the continued operation of the agreement would be unfair for the employees covered by the agreement; or

the FWC is satisfied that the agreement does not, and is not likely to, cover any employees; or

all of the following apply:

the FWC is satisfied that the continued operation of the enterprise agreement would pose a significant threat to the viability of a business carried on by the employer, or employers, covered by the agreement;

the FWC is satisfied that the termination of the enterprise agreement would be likely to reduce the potential of terminations of employment covered by subsection (2) for the employees covered by the agreement;

if the agreement contains terms providing entitlements relating to the termination of employees’ employment—each employer covered by the agreement has given the FWC a guarantee of termination entitlements in relation to the termination of the agreement.

at the employer’s initiative because the employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or

because of the insolvency or bankruptcy of the employer.

the employees (unless there are no employees covered by the agreement);

each employer;

each employee organisation (if any).

whether the application was made at or after the notification time for a proposed enterprise agreement that will cover the same, or substantially the same, group of employees as the existing agreement; and

whether bargaining for the proposed enterprise agreement is occurring; and

(c) whether the termination of the existing agreement would adversely affect the bargaining position of the employees that will be covered by the proposed enterprise agreement.

is an undertaking that the employer will comply with subsection (3) if the agreement is terminated under section 226 and the employer terminates the employment of a protected employee for the termination of the agreement:

at the employer’s initiative because the employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or

because of the insolvency or bankruptcy of the employer; and

is in writing; and

meets any requirements relating to the signing of undertakings that are prescribed by the regulations.

relate to a termination of the employee’s employment:

at the employer’s initiative because the employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or

because of the insolvency or bankruptcy of the employer; and

except if the employee was an award/agreement free employee immediately before the termination of the employee’s employment—are more beneficial than the entitlements under a modern award that covered the employee in relation to the employment at that time.

comes into force on the day on which the termination of the agreement comes into operation under section 227; and

ceases to be in force at the earliest of the following times:

if the guarantee specifies a period during which the guarantee is to remain in force and the FWC approves that period under subsection (5)—the end of that period;

immediately before another enterprise agreement that covers the same, or substantially the same, group of employees as the terminated agreement comes into force;

the end of the period of 4 years beginning on the day the guarantee is given to the FWC.

the agreement is terminated under section 226; and

the employer terminates the employment of a protected employee for the termination of the agreement while the guarantee is in force:

at the employer’s initiative because the employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or

because of the insolvency or bankruptcy of the employer.

the President has given a direction to an FWC Member to perform the function or exercise the power; and

the FWC Member is satisfied that any of the following persons covered by the agreement oppose the termination:

an employee;

an employer;

an employee organisation.

the FWC’s power to inform itself as it considers appropriate under section 590 (other than the FWC’s power to hold a hearing); and

the FWC’s power to conduct a conference in accordance with section 592.

(a) subject to paragraph (b), the period of 12 months (the default period) beginning on the day Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commences; or

if the default period is extended for the instrument on one or more occasions under subitem (6) or paragraph (11)(e)—the default period as so extended.

that the employee is covered by an agreement-based transitional instrument; and

that the instrument will terminate unless an application is made to the FWC under subitem (4), before the end of the period of 12 months beginning on the day that Part commences, for the FWC to extend the default period for the instrument; and

of the day on which that Part commences.

an employer covered by the instrument;

an employee covered by the instrument;

an industrial association that is entitled to represent the industrial interests of one or more of the employees covered by the instrument.

a copy of the instrument; and

any declarations that are required by the procedural rules of the FWC to accompany the application.

subitem (7), (8) or (9) applies and it is otherwise appropriate in the circumstances to do so; or

it is reasonable in the circumstances to do so.