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FAIR WORK ACT 2009 - SECT 198

Pieceworkers--enterprise agreement does not include a pieceworker term

Application of this section

             (1)  This section applies if:

                     (a)  an enterprise agreement that covers an employee does not include a term that defines or describes the employee as a pieceworker; and

                     (b)  a modern award that is in operation and covers the employee includes such a term.

No detriment test

             (2)  The FWC must be satisfied that the effect of not 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.



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