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FAIR WORK ACT 2009 - SECT 253

Terms of an enterprise agreement that are of no effect

             (1)  A term of an enterprise agreement has no effect to the extent that:

                     (a)  it is not a term about a permitted matter; or

                     (b)  it is an unlawful term; or

                     (c)  it is a designated outworker term.

Note 1:       A term of an enterprise agreement has no effect to the extent that it contravenes section 55 (see section 56).

Note 2:       Certain terms of enterprise agreements relating to deductions, or requiring employees to spend or pay amounts, have no effect (see section 326).

             (2)  However, if an enterprise agreement includes a term that has no effect because of subsection (1), or section 56 or 326, the inclusion of the term does not prevent the agreement from being an enterprise agreement.



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