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FAIR WORK ACT 2009 - SECT 143A

Coverage terms of modern enterprise awards

Coverage terms must be included

             (1)  A modern enterprise award must include terms ( coverage terms ) setting out, in accordance with this section:

                     (a)  the enterprise or enterprises to which the modern enterprise award relates; and

                     (b)  the employers, employees and organisations that are covered by the modern enterprise award.

Enterprises

             (2)  A modern enterprise award must be expressed to relate:

                     (a)  to a single enterprise (or a part of a single enterprise) only; or

                     (b)  to one or more enterprises, but only if the employers all carry on similar business activities under the same franchise and are:

                              (i)  franchisees of the same franchisor; or

                             (ii)  related bodies corporate of the same franchisor; or

                            (iii)  any combination of the above.

Employers and employees

             (3)  A modern enterprise award must be expressed to cover:

                     (a)  a specified employer that carries on, or specified employers that carry on, the enterprise or enterprises referred to in subsection (2); and

                     (b)  specified employees of employers covered by the modern enterprise award.

Organisations

             (4)  A modern enterprise award may be expressed to cover one or more specified organisations, in relation to:

                     (a)  all or specified employees covered by the award; or

                     (b)  the employer, or all or specified employers, covered by the award.

Outworker entities

             (5)  A modern enterprise award must not be expressed to cover outworker entities.

How coverage etc. is expressed

             (6)  For the purposes of subsection (2), an enterprise must be specified:

                     (a)  if paragraph (2)(a) applies to the enterprise--by name; or

                     (b)  if paragraph (2)(b) applies to the enterprise--by name, or by the name of the franchise.

             (7)  For the purposes of subsections (3) and (4):

                     (a)  an employer or employers may be specified by name or by inclusion in a specified class or specified classes; and

                     (b)  employees must be specified by inclusion in a specified class or specified classes; and

                     (c)  organisations must be specified by name.

Employees not traditionally covered by awards etc.

             (8)  A modern enterprise award must not be expressed to cover classes of employees:

                     (a)  who, because of the nature or seniority of their role, have traditionally not been covered by awards (whether made under laws of the Commonwealth or the States); or

                     (b)  who perform work that is not of a similar nature to work that has traditionally been regulated by such awards.

Note:          For example, in some industries, managerial employees have traditionally not been covered by awards.



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