Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 279

Act applies to a workplace determination as if it were an enterprise agreement

             (1)  This Act applies to a workplace determination that is in operation as if it were an enterprise agreement that is in operation.

             (2)  However, the following provisions do not apply to the determination:

                     (a)  section 50 (which deals with contraventions of enterprise agreements);

                     (b)  section 53 (which deals with the coverage of enterprise agreements);

                     (c)  section 54 (which deals with the operation of enterprise agreements);

                     (d)  section 58 (which deals with the interaction between one or more enterprise agreements);

                     (e)  section 183 (which deals with the entitlement of employee organisations to be covered by enterprise agreements);

                      (f)  the provisions of Subdivisions A and B of Division 7 of Part 2-4 (which deal with the variation of enterprise agreements) other than section 218 (which deals with variation of an enterprise agreement on referral by the Australian Human Rights Commission).

             (3)  In addition, Subdivision C of Division 7 of Part 2-4 (which deals with the termination of enterprise agreements by employers and employees) only applies to a workplace determination after the determination has passed its nominal expiry date.



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