The Fair Work Act 2009 is the primary legislation governing employment relationships in Australia.
Legislation: Commonwealth Legislation | Category: Legislation
What is Fair Work Act 2009?
The Fair Work Act 2009 (Cth) is the primary legislation governing employment relationships in Australia. It establishes the National Employment Standards, the Modern Award system, enterprise bargaining framework, protection from unfair dismissal, general protections for workplace rights, and compliance and enforcement mechanisms.
The Act applies to all employers that are constitutional corporations, Commonwealth public sector employers, and employers in Victoria (which has referred its industrial relations powers) and the territories. It has been amended significantly since 2009, including major reforms through the Fair Work Amendment (Secure Jobs, Better Pay) Act 2022.
Key Compliance Points for Employers
- The Act establishes the minimum safety net that cannot be reduced by contract or agreement
- Penalties for breaches range up to $93,900 per contravention for companies (2024 rates)
- The Act is administered by the Fair Work Commission (tribunal) and Fair Work Ombudsman (regulator)
- State and territory legislation may still apply to some matters, particularly WHS and long service leave
- Recent amendments have introduced wage theft criminalisation (from January 2025) and increased penalties
Frequently Asked Questions
What is Fair Work Act 2009?
The Fair Work Act 2009 is the primary legislation governing employment relationships in Australia.
Why is Fair Work Act 2009 important for employers?
Understanding fair work act 2009 helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
