Fair Work Act 2009

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

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

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

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

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

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

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