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FAIR WORK ACT 2009 - SECT 5

Terms and conditions of employment (Chapter 2)

             (1)  Chapter 2 provides for terms and conditions of employment of national system employees.

             (2)  Part 2-1 has the core provisions for the Chapter. It deals with compliance with, and interaction between, the sources of the main terms and conditions provided under this Act--the National Employment Standards, modern awards and enterprise agreements.

Note:          Workplace determinations are another source of main terms and conditions. In most cases, this Act applies to a workplace determination as if it were an enterprise agreement in operation (see section 279).

Main terms and conditions

             (3)  Part 2-2 contains the National Employment Standards, which are minimum terms and conditions that apply to all national system employees.

             (4)  Part 2-3 is about modern awards. A modern award is made for a particular industry or occupation and provides additional minimum terms and conditions for those national system employees to whom it applies. A modern award can have terms that are ancillary or supplementary to the National Employment Standards.

             (5)  Part 2-4 is about enterprise agreements. An enterprise agreement is made at the enterprise level and provides terms and conditions for those national system employees to whom it applies. An enterprise agreement can have terms that are ancillary or supplementary to the National Employment Standards.

             (6)  Part 2-5 is about workplace determinations. A workplace determination provides terms and conditions for those national system employees to whom it applies. A workplace determination is made by the FWC if certain conditions are met.

             (7)  Part 2-8 provides for the transfer of certain modern awards, enterprise agreements, workplace determinations and other instruments if there is a transfer of business from one national system employer to another national system employer.

Other terms and conditions

             (8)  In addition, other terms and conditions of employment for national system employees include those:

                     (a)  provided by a national minimum wage order (see Part 2-6) or an equal remuneration order (see Part 2-7); and

                     (b)  provided by Part 2-9 (which deals with the frequency and method of making payments to employees, deductions from payments and high-income employees).



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