Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 136

What can be included in modern awards

Terms that may or must be included

             (1)  A modern award must only include terms that are permitted or required by:

                     (a)  Subdivision B (which deals with terms that may be included in modern awards); or

                     (b)  Subdivision C (which deals with terms that must be included in modern awards); or

                     (c)  section 55 (which deals with interaction between the National Employment Standards and a modern award or enterprise agreement); or

                     (d)  Part 2‑2 (which deals with the National Employment Standards).

Note 1:       Subsection 55(4) permits inclusion of terms that are ancillary or incidental to, or that supplement, the National Employment Standards.

Note 2:       Part 2‑2 includes a number of provisions permitting inclusion of terms about particular matters.

Terms that must not be included

             (2)  A modern award must not include terms that contravene:

                     (a)  Subdivision D (which deals with terms that must not be included in modern awards); or

                     (b)  section 55 (which deals with the interaction between the National Employment Standards and a modern award or enterprise agreement).

Note:          The provisions referred to in subsection (2) limit the terms that can be included in modern awards under the provisions referred to in subsection (1).



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