Fair Work Act 2009¶
| Regulator | Fair Work Commission / Ombudsman |
| Jurisdiction | AU |
| Status | live |
| Applicability | External — Employment relationship obligations. Managed through external HR and legal processes. |
Outside platform boundary
Employment relationship obligations. Managed through external HR and legal processes.
The Fair Work Act 2009 is the primary federal employment law in Australia. It establishes the national workplace relations system administered by the Fair Work Commission (FWC) and the Fair Work Ombudsman (FWO). It sets the National Employment Standards (NES — 11 minimum entitlements), the framework for modern awards and enterprise agreements, unfair dismissal protections, general protections (adverse action), right-of-entry for union officials, and bargaining obligations.
The Act applies to national system employers (including incorporated entities such as banks) and their employees across all states and territories except Western Australia (which retains a separate state system for some employers).
Compliance register¶
This register maps every material obligation under the Act to the responsible party. The Fair Work Act governs the employment relationship between the bank and its employees — it is not a product, customer, or technology standard. Platform scope is nil. All obligations are owned by the People & Culture function and the bank's legal counsel.
Scope legend¶
| Symbol | Meaning |
|---|---|
| 🤖 Automated | Platform enforces or performs the obligation. |
| 📊 Evidenced | Platform captures evidence; human decides. |
| 🏛 Institutional | Entirely outside platform scope — People/HR/legal function. |
| N/A | Not applicable to this deployment. |
Build legend¶
| Symbol | Meaning |
|---|---|
| ✅ | Module built and deployed |
| 🔨 | Planned — not yet built |
| ❌ | Uncontrolled gap — no module attributed |
Institutional obligations (all obligations)¶
The Fair Work Act creates obligations between the bank as employer and its employees. The Totara platform is a banking technology platform — it has no role in employment relationship management. All obligations below are owned by the Chief People Officer with support from legal counsel.
| Obligation | Ref | Owner | Platform evidence input |
|---|---|---|---|
| Provide National Employment Standards (11 entitlements: annual leave, personal/carer's leave, parental leave, flexible work requests, notice of termination, redundancy pay, Fair Work Information Statement, etc.) | S.61–131 | Chief People Officer | None |
| Comply with applicable modern award or enterprise agreement | S.45, S.50 | Chief People Officer / Legal | None |
| Negotiate enterprise agreements in good faith | S.228 | Chief People Officer / Legal | None |
| Not take adverse action against employees exercising workplace rights (general protections) | S.340 | Chief People Officer / Legal | None |
| Permit right-of-entry for authorised union officials | S.481 | Chief People Officer | None |
| Keep time and wage records (7 years) | S.535 | Chief People Officer | None |
| Provide pay slips within 1 working day of payment | S.536 | Chief People Officer | None |
| Comply with unfair dismissal obligations (minimum employment period, valid reason, procedural fairness) | S.382, S.387 | Chief People Officer / Legal | None |
| Address stop bullying orders from FWC | S.789FF | Chief People Officer | None |
Coverage summary¶
| Area | Total obligations | 🤖 Automated | 📊 Evidenced | 🏛 Institutional | N/A |
|---|---|---|---|---|---|
| Employment standards & records | 9 | 0 | 0 | 9 (100%) | 0 |
| Total | 9 | 0 (0%) | 0 (0%) | 9 (100%) | 0 (0%) |
The Fair Work Act is entirely outside platform scope by design. Employment obligations are delivered by the People & Culture function operating independently of this platform.
Related policies¶
| Policy | Title |
|---|---|
| PPL-001 | Code of Conduct Policy |
Official documentation¶
- Fair Work Act 2009 — Federal Register of Legislation
- Fair Work Commission
- Fair Work Ombudsman
- National Employment Standards
Policies referencing this standard¶
- PPL-001 — Code of Conduct Policy
Compiled 2026-05-22 from source/entities/regulations/au-fair-work-act.yaml