Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAIR WORK ACT 2009 - SECT 47

When a modern award applies to an employer, employee, organisation or outworker entity

When a modern award applies to an employee, employer, organisation or outworker entity

             (1)  A modern award applies to an employee, employer, organisation or outworker entity if:

                     (a)  the modern award covers the employee, employer, organisation or outworker entity; and

                     (b)  the modern award is in operation; and

                     (c)  no other provision of this Act provides, or has the effect, that the modern award does not apply to the employee, employer, organisation or outworker entity.

Note 1:       Section 57 provides that a modern award does not apply to an employee (or to an employer, or an employee organisation, in relation to the employee) in relation to particular employment at a time when an enterprise agreement applies to the employee in relation to that employment.

Note 2:       In a modern award, coverage of an outworker entity must be expressed to relate only to outworker terms: see subsection 143(4).

Modern awards do not apply to high income employees

             (2)  However, a modern award does not apply to an employee (or to an employer, or an employee organisation, in relation to the employee) at a time when the employee is a high income employee.

Modern awards apply to employees in relation to particular employment

             (3)  A reference in this Act to a modern award applying to an employee is a reference to the award applying to the employee in relation to particular employment.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback