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Australia Fair Work Act 2009 (Cth)

Self-Assess
Australia: Commonwealth (national system employers and employees, including referring States)
vAct No. 28, 2009, compilation No. 73, compilation date 7 July 2026 (includes Act No. 62, 2026); Fair Work Regulations 2009 compilation of 20 June 2026; latest on the Federal Register as at 30 September 2026
13 domains
73 controls

The employer duties of Australia's Fair Work Act 2009: the National Employment Standards (hours, flexible work, casual conversion, parental, annual, personal, compassionate, family and domestic violence and community service leave, public holidays, superannuation, notice and redundancy pay), award and agreement compliance, individual flexibility arrangements and bargaining, wages and deductions, pay secrecy, fixed term contract limits, the right to disconnect, general protections and sham contracting, sexual harassment, mass dismissal notices, record-keeping and pay slips. Scoped to employer duties; the rest of the Act is not built.

Verified

Australia Fair Work Act 2009 (Cth) is a compliance framework from Australia: Commonwealth (national system employers and employees, including referring States) with 13 domains and 73 controls that map to 1 other frameworks. The largest domains are Part 3-1: General protections and sham arrangements – Australia Fair Work Act 2009 (Cth) (12 controls), Part 3-6 and Regulations Part 3-6: Dismissal notification, records, pay slips, advertising – Australia Fair Work Act 2009 (Cth) (11 controls), Part 2-9: Wages, deductions, pay secrecy, fixed term contracts, right to disconnect – Australia Fair Work Act 2009 (Cth) (9 controls). Every control below carries what it requires and what an assessor expects to see.

Maintained by Gerard Blokdyk

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Framework Domains (13)

Part 2-1: Compliance with the NES, modern awards and enterprise agreements – Australia Fair Work Act 2009 (Cth)

3 controls
Controls in the Part 2-1: Compliance with the NES, modern awards and enterprise agreements – Australia Fair Work Act 2009 (Cth) domain of Australia Fair Work Act 2009 (Cth) — 3 controls
CodeTitle
australia-fair-work-act-2009-cth::s44s 44 Comply with the National Employment Standards
australia-fair-work-act-2009-cth::s45s 45 Comply with every term of an applicable modern award
australia-fair-work-act-2009-cth::s50s 50 Comply with every term of an applicable enterprise agreement

Part 2-2 Division 4A: Casual employment – Australia Fair Work Act 2009 (Cth)

2 controls
Controls in the Part 2-2 Division 4A: Casual employment – Australia Fair Work Act 2009 (Cth) domain of Australia Fair Work Act 2009 (Cth) — 2 controls
CodeTitle
australia-fair-work-act-2009-cth::s66AACs 66AAC Respond to a casual conversion notification within 21 days after consultation
australia-fair-work-act-2009-cth::s66Ls 66L No reducing hours, changing patterns or dismissing to avoid casual conversion

Part 2-2 Division 5: Parental leave and related entitlements – Australia Fair Work Act 2009 (Cth)

7 controls
Controls in the Part 2-2 Division 5: Parental leave and related entitlements – Australia Fair Work Act 2009 (Cth) domain of Australia Fair Work Act 2009 (Cth) — 7 controls
CodeTitle
australia-fair-work-act-2009-cth::s70-72Ass 70 to 72A Provide 12 months' unpaid parental leave, including up to 100 flexible days
australia-fair-work-act-2009-cth::s75-76Css 75 to 76C Extensions of unpaid parental leave: accept the first notice, respond to requests within 21 days
australia-fair-work-act-2009-cth::s80-85ss 80 and 85 Unpaid special parental leave and unpaid pre-adoption leave
australia-fair-work-act-2009-cth::s81-82Ass 81 to 82A Transfer a pregnant employee to a safe job, or give paid or unpaid no safe job leave
australia-fair-work-act-2009-cth::s83s 83 Consult an employee on unpaid parental leave about significant decisions affecting the position
australia-fair-work-act-2009-cth::s84s 84 Return to work guarantee after unpaid parental leave
australia-fair-work-act-2009-cth::s84As 84A Notify replacement employees that their engagement is temporary

Part 2-2 Division 6: Annual leave – Australia Fair Work Act 2009 (Cth)

4 controls
Controls in the Part 2-2 Division 6: Annual leave – Australia Fair Work Act 2009 (Cth) domain of Australia Fair Work Act 2009 (Cth) — 4 controls
CodeTitle
australia-fair-work-act-2009-cth::s87s 87 Accrue 4 weeks' paid annual leave (5 for shiftworkers)
australia-fair-work-act-2009-cth::s88-89ss 88 and 89 Do not unreasonably refuse annual leave; public holidays and other leave not counted
australia-fair-work-act-2009-cth::s90s 90 Pay annual leave at the base rate, and pay out untaken leave on termination
australia-fair-work-act-2009-cth::s92-94ss 92 to 94 Cash out annual leave only under permitted terms, and require leave only reasonably

Part 2-2 Division 7: Personal/carer's, compassionate and family and domestic violence leave – Australia Fair Work Act 2009 (Cth)

5 controls
Controls in the Part 2-2 Division 7: Personal/carer's, compassionate and family and domestic violence leave – Australia Fair Work Act 2009 (Cth) domain of Australia Fair Work Act 2009 (Cth) — 5 controls
CodeTitle
australia-fair-work-act-2009-cth::s102-103ss 102 and 103 Allow 2 days' unpaid carer's leave per occasion
australia-fair-work-act-2009-cth::s104-106ss 104 to 106 Provide 2 days' compassionate leave per occasion, paid for non-casuals
australia-fair-work-act-2009-cth::s106A-106BAss 106A to 106BA Provide 10 days' paid family and domestic violence leave, at the full rate, to all employees
australia-fair-work-act-2009-cth::s106Cs 106C Keep family and domestic violence leave information confidential
australia-fair-work-act-2009-cth::s96-101ss 96 to 101 Provide 10 days' paid personal/carer's leave a year, paid at the base rate

Part 2-2 Divisions 11 and 12: Notice of termination, redundancy pay and information statements – Australia Fair Work Act 2009 (Cth)

4 controls
Controls in the Part 2-2 Divisions 11 and 12: Notice of termination, redundancy pay and information statements – Australia Fair Work Act 2009 (Cth) domain of Australia Fair Work Act 2009 (Cth) — 4 controls
CodeTitle
australia-fair-work-act-2009-cth::s117s 117 Give written notice of termination, or pay in lieu, for the minimum period
australia-fair-work-act-2009-cth::s119-122ss 119 to 122 Pay redundancy pay on the NES scale unless excluded or varied by the FWC
australia-fair-work-act-2009-cth::s125s 125 Give each new employee the Fair Work Information Statement
australia-fair-work-act-2009-cth::s125Bs 125B Give casual employees the Casual Employment Information Statement at start, 6 and 12 months

Part 2-2 Divisions 3 and 4: Maximum weekly hours and flexible working arrangements – Australia Fair Work Act 2009 (Cth)

3 controls
Controls in the Part 2-2 Divisions 3 and 4: Maximum weekly hours and flexible working arrangements – Australia Fair Work Act 2009 (Cth) domain of Australia Fair Work Act 2009 (Cth) — 3 controls
CodeTitle
australia-fair-work-act-2009-cth::s62s 62 (and ss 63 and 64) Maximum weekly hours and reasonable additional hours
australia-fair-work-act-2009-cth::s65As 65A Respond to a flexible working request in writing within 21 days, refusing only on reasonable business grounds after genuine discussion
australia-fair-work-act-2009-cth::s65B-65Css 65B and 65C Resolve flexible work disputes at the workplace and comply with FWC orders

Part 2-2 Divisions 8 to 10A: Community service leave, long service leave, public holidays, superannuation – Australia Fair Work Act 2009 (Cth)

5 controls
Controls in the Part 2-2 Divisions 8 to 10A: Community service leave, long service leave, public holidays, superannuation – Australia Fair Work Act 2009 (Cth) domain of Australia Fair Work Act 2009 (Cth) — 5 controls
CodeTitle
australia-fair-work-act-2009-cth::s108-111ss 108 to 112 Community service leave, and jury service pay for the first 10 days
australia-fair-work-act-2009-cth::s113s 113 Long service leave under applicable award-derived or agreement-derived terms
australia-fair-work-act-2009-cth::s114s 114 Allow absence on public holidays; request work only reasonably
australia-fair-work-act-2009-cth::s116s 116 Pay the base rate for ordinary hours on public holidays not worked
australia-fair-work-act-2009-cth::s116Bs 116B Make superannuation contributions to avoid superannuation guarantee charge (from 1 July 2026)

Part 2-9: Wages, deductions, pay secrecy, fixed term contracts, right to disconnect – Australia Fair Work Act 2009 (Cth)

9 controls
Controls in the Part 2-9: Wages, deductions, pay secrecy, fixed term contracts, right to disconnect – Australia Fair Work Act 2009 (Cth) domain of Australia Fair Work Act 2009 (Cth) — 9 controls
CodeTitle
australia-fair-work-act-2009-cth::s323s 323 Pay wages in full, in money, at least monthly
australia-fair-work-act-2009-cth::s324s 324 Make only permitted deductions
australia-fair-work-act-2009-cth::s325s 325 No unreasonable requirements to spend or pay money for the employer's benefit
australia-fair-work-act-2009-cth::s333B-333Dss 333B to 333D No pay secrecy terms
australia-fair-work-act-2009-cth::s333E-333Hss 333E to 333H Limits on fixed term contracts and anti-avoidance
australia-fair-work-act-2009-cth::s333Ks 333K Give the Fixed Term Contract Information Statement
australia-fair-work-act-2009-cth::s333Ms 333M Respect the employee right to disconnect outside working hours
australia-fair-work-act-2009-cth::s333N-333Qss 333N to 333Q Resolve right to disconnect disputes and comply with FWC stop orders
australia-fair-work-act-2009-cth::s333Xs 333X Preserve employer-funded paid parental leave when a child is stillborn or dies

Part 3-1: General protections and sham arrangements – Australia Fair Work Act 2009 (Cth)

12 controls
Controls in the Part 3-1: General protections and sham arrangements – Australia Fair Work Act 2009 (Cth) domain of Australia Fair Work Act 2009 (Cth) — 12 controls
CodeTitle
australia-fair-work-act-2009-cth::s340-342ss 340 to 342 No adverse action because of a workplace right
australia-fair-work-act-2009-cth::s343s 343 No coercion about exercising a workplace right
australia-fair-work-act-2009-cth::s344s 344 No undue influence or pressure on employee decisions
australia-fair-work-act-2009-cth::s345s 345 No false or misleading representations about workplace rights
australia-fair-work-act-2009-cth::s346-350ss 346 to 350 Protect freedom of association and industrial activity
australia-fair-work-act-2009-cth::s350As 350A Deal reasonably with workplace delegates and afford their rights
australia-fair-work-act-2009-cth::s351s 351 No adverse action on discriminatory grounds
australia-fair-work-act-2009-cth::s352s 352 No dismissal for temporary absence due to illness or injury
australia-fair-work-act-2009-cth::s357s 357 Do not misrepresent employment as independent contracting
australia-fair-work-act-2009-cth::s358s 358 Do not dismiss an employee to re-engage them as a contractor
australia-fair-work-act-2009-cth::s359s 359 Do not make knowingly false statements to persuade an employee to become a contractor
australia-fair-work-act-2009-cth::s359B-359Css 359B and 359C Do not dismiss or mislead to convert employees to casual employment

Part 3-5A: Sexual harassment in connection with work – Australia Fair Work Act 2009 (Cth)

2 controls
Controls in the Part 3-5A: Sexual harassment in connection with work – Australia Fair Work Act 2009 (Cth) domain of Australia Fair Work Act 2009 (Cth) — 2 controls
CodeTitle
australia-fair-work-act-2009-cth::s527Ds 527D Do not sexually harass workers, job seekers or PCBUs in connection with work
australia-fair-work-act-2009-cth::s527Es 527E Take all reasonable steps to prevent sexual harassment by employees and agents

Part 3-6 and Regulations Part 3-6: Dismissal notification, records, pay slips, advertising – Australia Fair Work Act 2009 (Cth)

11 controls
Controls in the Part 3-6 and Regulations Part 3-6: Dismissal notification, records, pay slips, advertising – Australia Fair Work Act 2009 (Cth) domain of Australia Fair Work Act 2009 (Cth) — 11 controls
CodeTitle
australia-fair-work-act-2009-cth::r3.31-3.33regs 3.31 to 3.33 Records: form, basic content and pay
australia-fair-work-act-2009-cth::r3.34-3.37regs 3.34 to 3.37 Records: overtime, averaging, leave and superannuation
australia-fair-work-act-2009-cth::r3.38-3.41regs 3.38 to 3.41 Records: IFAs, guarantees of annual earnings, termination and transfer of business
australia-fair-work-act-2009-cth::r3.42-3.43regs 3.42 and 3.43 Give employees access to their records
australia-fair-work-act-2009-cth::r3.44reg 3.44 Correct errors in records and do not alter them otherwise
australia-fair-work-act-2009-cth::r3.47-3.48regs 3.47 and 3.48 Do not reveal family and domestic violence leave on pay slips
australia-fair-work-act-2009-cth::s530s 530 Notify Centrelink before dismissing 15 or more employees for economic or similar reasons
australia-fair-work-act-2009-cth::s531s 531 Notify and consult relevant unions before dismissing 15 or more employees
australia-fair-work-act-2009-cth::s535s 535 Make and keep prescribed employee records for 7 years, never false
australia-fair-work-act-2009-cth::s536s 536 and regs 3.45 and 3.46 Give accurate pay slips within one working day
australia-fair-work-act-2009-cth::s536AAs 536AA Do not advertise jobs at unlawful rates; state piecework periodic rates

Parts 2-3 and 2-4: Flexibility arrangements and enterprise bargaining – Australia Fair Work Act 2009 (Cth)

6 controls
Controls in the Parts 2-3 and 2-4: Flexibility arrangements and enterprise bargaining – Australia Fair Work Act 2009 (Cth) domain of Australia Fair Work Act 2009 (Cth) — 6 controls
CodeTitle
australia-fair-work-act-2009-cth::s144-145ss 144 and 145 Individual flexibility arrangements under a modern award
australia-fair-work-act-2009-cth::s173-174ss 173 and 174 Give a notice of employee representational rights within 14 days of the notification time
australia-fair-work-act-2009-cth::s180-181ss 180 and 181 Pre-approval steps before asking employees to vote on an enterprise agreement
australia-fair-work-act-2009-cth::s185-228ss 185 and 228 Apply for approval within 14 days and bargain in good faith
australia-fair-work-act-2009-cth::s202-203ss 202 and 203 Individual flexibility arrangements under an enterprise agreement
australia-fair-work-act-2009-cth::s328-330ss 328 to 333A Guarantee of annual earnings for high income employees

Maps to 1 other framework

73 total controls
Right to Disconnect (Australia)
2 source controls mapped|5 target controls covered
3%
Compare Australia Fair Work Act 2009 (Cth) with Right to Disconnect (Australia)

Coverage is not the same as your position

This page shows what Australia Fair Work Act 2009 (Cth) overlaps with in general. Where your organisation actually stands, against the standard you are going for and the certifications you already hold, is a different question. Same graph and the same recorded refutations, scoped to you rather than to a pair.

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What is Australia Fair Work Act 2009 (Cth) and who does it apply to?

Australia Fair Work Act 2009 (Cth) is a compliance framework from Australia: Commonwealth (national system employers and employees, including referring States) with 13 domains and 73 controls. The employer duties of Australia's Fair Work Act 2009: the National Employment Standards (hours, flexible work, casual conversion, parental, annual, personal, compassionate, family and domestic violence and community service leave, public holidays, superannuation, notice and redundancy pay), award and agreement compliance, individual flexibility arrangements and bargaining, wages and deductions, pay secrecy, fixed term contract limits, the right to disconnect, general protections and sham contracting, sexual harassment, mass dismissal notices, record-keeping and pay slips. Scoped to employer duties; the rest of the Act is not built. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.

What does Australia Fair Work Act 2009 (Cth) actually require?

Australia Fair Work Act 2009 (Cth) has 73 controls organised across 13 domains. The largest domains are Part 3-1: General protections and sham arrangements – Australia Fair Work Act 2009 (Cth) (12 controls), Part 3-6 and Regulations Part 3-6: Dismissal notification, records, pay slips, advertising – Australia Fair Work Act 2009 (Cth) (11 controls), Part 2-9: Wages, deductions, pay secrecy, fixed term contracts, right to disconnect – Australia Fair Work Act 2009 (Cth) (9 controls). Each control defines specific requirements that organisations must implement to achieve compliance.

If I already comply with another framework, how much of Australia Fair Work Act 2009 (Cth) do I already cover?

Australia Fair Work Act 2009 (Cth) maps to 1 other compliance frameworks. The top mapping partners are Right to Disconnect (Australia) (3% coverage). Use our comparison tool to explore control-level mappings between frameworks.

How do I implement Australia Fair Work Act 2009 (Cth)?

Start your Australia Fair Work Act 2009 (Cth) compliance journey by running a self-assessment on our platform to identify your current compliance posture. Our AI advisory can answer specific questions about Australia Fair Work Act 2009 (Cth) requirements, and cross-framework mapping helps you leverage existing controls from other frameworks you may already comply with. Create a free account to access all 73 controls and track your progress.

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