Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 196

Shiftworkers

Application of this section

             (1)  This section applies if:

                     (a)  an employee is covered by an enterprise agreement; and

                     (b)  a modern award that is in operation and covers the employee defines or describes the employee as a shiftworker for the purposes of the National Employment Standards.

Shiftworkers and the National Employment Standards

             (2)  The FWC must be satisfied that the agreement defines or describes the employee as a shiftworker for the purposes of the National Employment Standards.

Note:          Section 87 provides an employee with an entitlement to 5 weeks of paid annual leave if an enterprise agreement that applies to the employee defines or describes the employee as a shiftworker for the purposes of the National Employment Standards.



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