Application of this section
(1) This section applies if:
(a) an enterprise agreement that covers an employee includes a term that defines or describes the employee as a pieceworker; and
(b) a modern award that is in operation and covers the employee does not include such a term.
No detriment test
(2) The FWC must be satisfied that the effect of including such a term in the agreement is not detrimental to the employee in relation to the entitlements of the employee under the National Employment Standards.