Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 48

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

  (1)   A modern award covers an employee, employer, organisation or outworker entity if the award is expressed to cover the employee, employer, organisation or outworker entity.

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

Effect of other provisions of this Act, FWC orders or court orders on coverage

  (2)   A modern award also covers an employee, employer, organisation or outworker entity if any of the following provides, or has the effect, that the award covers the employee, employer, organisation or outworker entity:

  (a)   a provision of this Act or of the Registered Organisations 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 modern award does not cover an employee, employer, organisation or outworker entity if any of the following provides, or has the effect, that the award does not cover the employee, employer or organisation or outworker entity:

  (a)   a provision of this Act;

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

  (c)   an order of a court.

Modern awards that have ceased to operate

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

Modern awards cover employees in relation to particular employment

  (5)   A reference to a modern award covering an employee is a reference to the award covering the employee in relation to particular employment.