The Modern Awards Pay Database Application Programming Interface (MAPD API) is software that is intended to be used as a means of publishing the dollar values for the minimum rates of pay, allowances, overtime and penalty rates in modern awards.
By accessing the MAPD API, you acknowledge that you are 18 years of age or older and that you have read and agreed to be bound by the following terms and conditions (Terms). If you are using the MAPD API on behalf of your employer, you represent that you are authorised to accept these Terms on behalf of your employer. If you do not accept these Terms, you do not have permission to access or use the MAPD API.
In these Terms the words “we”, “us” and “our” refer to the Fair Work Commission (or FWC) and the words “you” and “your” refer to the person or organisation using the MAPD API.
We reserve the right to change these Terms, at any time, at our sole discretion. If a change to these Terms materially negatively affects you, we will notify you in writing. We will take your continued use or access to the MAPD API as acceptance of any variation to these Terms. If you do not accept a variation to these Terms, you must stop using and accessing the MAPD API. The most recent version of these Terms will always be accessible on our website.
We reserve the right to seek all legal remedies for any violation of these Terms. Any rights not expressly granted herein are reserved.
Last updated: 13 February 2023
1. ACCESS AND USE OF MAPD API
1.1 You may access and use the MAPD API as made available, by creating an account and registering online with a password. We grant you a non-transferable, non-sublicensable, non-exclusive, revocable license to access and use the MAPD API in order to obtain information and materials from the MAPD.
1.2 You may not: (i) modify, reverse engineer, disassemble, decompile or otherwise attempt to access or determine the source code of the MAPD API (except to the extent permitted under Division 4A of the Copyright Act 1968 (Cth), (ii) copy, or reproduce the MAPD API in any way, in whole or in part, (iii) re-distribute or sublicense the MAPD API, or any part thereof, to any third party, (iv) create Internet “links” to the MAPD API or “frame” or “mirror” any content available on the MAPD API on any other server or wireless Internet-based device, or (v) allow, assist or permit any unauthorised third party to do any of the foregoing.
2. ACCESS AND USE OF MAPD API INFORMATION AND MATERIALS
The information and materials we make available via the MAPD API are licensed under a Creative Commons Attribution 4.0 International License (creativecommons.org/licenses/by/4.0/) except that any express term of this agreement prevails over an inconsistent term set out at creativecommons.org/ licenses/by/4.0/legalcode.
3. USER OBLIGATIONS
3.1 You must provide complete and accurate information upon registration for use of the API.
3.2 You are responsible for maintaining the confidentiality of your account and password information, and for restricting access to your computer. In the event of a breach of security, you agree to immediately change your password and to promptly notify us of such breach in writing.
3.3 You must not use any information or materials made available via the MAPD API in any way that implies endorsement or sponsorship by us of you or any of your products, goods or services.
3.4 You must report to us immediately, and use reasonable efforts to stop immediately, any copying or distribution of the MAPD API, or the information and materials made available via the MAPD API, in violation of these Terms that you are aware of or suspect.
4.1 The MAPD API is owned and operated by us on behalf of the Commonwealth of Australia.
4.2 The Commonwealth of Australia, as represented by the FWC, owns all copyright subsisting in the information and materials published via the MAPD API.
5.1 The information and materials made available via MAPD API are provided for information purposes only. Although we implement steps to minimise the risk that the information and materials made available via the MAPD API is inaccurate or fails to incorporate changes to minimum rates of pay, allowances, overtime and penalty rates when they come into effect, we make no claim as to the accuracy, reliability, currency or completeness of the information and materials made available via the MAPD API. You are responsible for exercising due diligence before relying on the information and materials made available via the MAPD API. If you are an employer, you should seek independent legal advice or contact the Fair Work Ombudsman regarding any queries about employee entitlements.
5.2 While we endeavour to update and publish information and materials via the MAPD API as soon as reasonably possible following changes to the minimum rates of pay, allowances and/or penalty rates in modern awards, there may be a delay between when these changes take effect and when data are updated. Data made available via the MAPD API must be read in conjunction with the provisions in the modern award. If there is an inconsistency between the data and the modern award, the modern award prevails.
5.3 We do not accept any liability to any person for the information (or the use of such information) made available via the MAPD API. To the extent permitted by law, we exclude liability for any loss (including but not limited to loss from viruses and any negligence on our part) caused by use or reliance on the MAPD API or the information and materials made available via the MAPD API.
5.4 If you are a “consumer” for the purposes of the Australian Consumer Law or equivalent state and territory laws and those laws operate to provide you with non-excludable rights in relation to the goods or services supplied under this agreement, to the extent permitted by law, we limit our liability for any failure to comply with a consumer guarantee to:
(a) in relation to goods, our choice of: (i) replacement of the goods or supply of equivalent goods; (ii) repair of the goods; (iii) payment for the cost of replacing the goods or of acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; and
(b) in relation to services, our choice of: (i) supplying the services again; or (ii) payment of the cost of having the services supplied again.
6. INDEMNITY FOR RESUPPLY OF INFORMATION MADE AVAILABLE VIA THE MAPD API
If you re-supply (including by republishing, reproducing, redistributing or sharing, in whole or in part) the information and materials we make available via the MAPD API, and a third party claims that we are liable for loss and damage they have suffered or incurred as a result of the information or materials they obtained from you, you must indemnify us for any liability we incur in connection with that third party claim, except to the extent we would have been liable for the third party’s loss if we had provided the re-supplied information or materials directly to the third party.
7.1 We may terminate your access to the MAPD API at any time without notice.
7.2 Upon the termination of your access, you must not use the MAPD API.
8. DATA AND SYSTEMS INTEGRITY
8.1 You acknowledge that we will not be responsible for any corruption or failed transmission of any information attributable to your computer system or to the system or any act or omission of your Internet Service Provider.
8.2 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the MAPD API.
8.3 You must not use the API in any way that adversely affects the performance or function of the API.
8.4 You acknowledge that access to the MAPD API: (a) may not be continuous or uninterrupted at all times; (b) may be interfered with by factors or circumstances outside of our control and (c) may cease operation indefinitely.
9. GOVERNING LAW
9.1 The validity, construction, and interpretation of these Terms and the rights and duties of the parties shall be governed by the laws of the Australian Capital Territory. You agree that the courts of the Australian Capital Territory have non-exclusive jurisdiction with respect to any matter arising from the Terms of the MAPD API.
9.2 If any provision of these Terms is held to be invalid or unenforceable that provision may be: (a) read down to the extent necessary to make it valid and enforceable; or (b) severed and the remaining provisions of these Terms enforced.