Document ID: chunk:federal_register_of_legislation:C2025C00150:section:257:p5
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 257 (pt 5/14)
Character Range: 743545–746820

this Part applies
338A Meaning of independent contractor
339 Additional effect of this Part
Division 3—Workplace rights
340 Protection
341 Meaning of workplace right
342 Meaning of adverse action
343 Coercion
344 Undue influence or pressure
345 Misrepresentations
Division 4—Industrial activities
346 Protection
347 Meaning of engages in industrial activity
348 Coercion
349 Misrepresentations
350 Inducements—membership action
350A Protection for workplace delegates
350B Protection for workplace delegates—regulated workers
350C Workplace delegates and their rights
Division 5—Other protections
351 Discrimination
352 Temporary absence—illness or injury
353 Bargaining services fees
354 Coverage by particular instruments
355 Coercion—allocation of duties etc. to particular person
356 Objectionable terms
Division 6—Sham arrangements
Subdivision A—Independent contracting
357 Misrepresenting employment as independent contracting arrangement
358 Dismissing to engage as independent contractor
359 Misrepresentation to engage as independent contractor
Subdivision B—Casual employment
359B Dismissing to engage as casual employee
359C Misrepresentation to engage as casual employee
Division 7—Ancillary rules
360 Multiple reasons for action
361 Reason for action to be presumed unless proved otherwise
362 Advising, encouraging, inciting or coercing action
363 Actions of industrial associations
364 Unincorporated industrial associations
Division 8—Compliance
Subdivision A—Contraventions involving dismissal
365 Application for the FWC to deal with a dismissal dispute
366 Time for application
367 Application fees
368 Dealing with a dismissal dispute (other than by arbitration)
369 Dealing with a dismissal dispute by arbitration
370 Taking a dismissal dispute to court
Subdivision B—Other contraventions
372 Application for the FWC to deal with a non‑dismissal dispute
373 Application fees
374 Conferences
375 Advice on general protections court application
Subdivision C—Appeals and costs orders
375A Appeal rights
375B Costs orders against parties
376 Costs orders against lawyers and paid agents
377 Applications for costs orders
377A Schedule of costs
378 Contravening costs orders
Part 3‑2—Unfair dismissal
Division 1—Introduction
379 Guide to this Part
380 Meanings of employee and employer
381 Object of this Part
Division 2—Protection from unfair dismissal
382 When a person is protected from unfair dismissal
383 Meaning of minimum employment period
384 Period of employment
Division 3—What is an unfair dismissal
385 What is an unfair dismissal
386 Meaning of dismissed
387 Criteria for considering harshness etc.
388 The Small Business Fair Dismissal Code
389 Meaning of genuine redundancy
Division 4—Remedies for unfair dismissal
390 When the FWC may order remedy for unfair dismissal
391 Remedy—reinstatement etc.
392 Remedy—compensation
393 Monetary orders may be in instalments
Division 5—Procedural matters
394 Application for unfair dismissal remedy
395 Application fees
396 Initial matters to be considered before merits
397 Matters involving contested facts
398 Conferences
399 Hearings
399A Dismissing applications
400 Appeal rights
400A Costs orders against parties
401 Costs orders against lawyers and paid agents
402 Applications for costs orders