Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 277

Employers, employees and employee organisations covered by a workplace determination

Employers, employees and employee organisations

             (1)  A workplace determination covers an employer, employee or employee organisation if the determination is expressed to cover the employer, employee or organisation.

Effect of provisions of this Act, FWC orders and court orders on coverage

             (2)  A workplace determination also covers an employer, employee or employee organisation if any of the following provides, or has the effect, that the determination covers the employer, employee or organisation:

                     (a)  a provision of this Act;

                     (b)  an FWC order made under a provision of this Act;

                     (c)  an order of a court.

             (3)  Despite subsections (1) and (2), a workplace determination does not cover an employer, employee or employee organisation if any of the following provides, or has the effect, that the determination does not cover the employer, employee or organisation:

                     (a)  another provision of this Act;

                     (b)  an FWC order made under another provision of this Act;

                     (c)  an order of a court.

Workplace determinations that have ceased to operate

             (4)  Despite subsections (1) and (2), a workplace determination that has ceased to operate does not cover an employer, employee or employee organisation.

Workplace determinations cover employees in relation to particular employment

             (5)  A reference in this Act to a workplace determination covering an employee is a reference to the determination covering the employee in relation to particular employment.



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