Commonwealth Numbered Acts

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 194

                   A term of an enterprise agreement is an unlawful term if it is:

                     (a)  a discriminatory term; or

                     (b)  an objectionable term; or

                     (c)  if a particular employee would be protected from unfair dismissal under Part 3‑2 after completing a period of employment of at least the minimum employment period--a term that confers an entitlement or remedy in relation to a termination of the employee's employment that is unfair (however described) before the employee has completed that period; or

                     (d)  a term that excludes the application to, or in relation to, a person of a provision of Part 3‑2 (which deals with unfair dismissal), or modifies the application of such a provision in a way that is detrimental to, or in relation to, a person; or

                     (e)  a term that is inconsistent with a provision of Part 3‑3 (which deals with industrial action); or

                      (f)  a term that provides for an entitlement:

                              (i)  to enter premises for a purpose referred to in section 481 (which deals with investigation of suspected contraventions); or

                             (ii)  to enter premises to hold discussions of a kind referred to in section 484;

                            other than in accordance with Part 3‑4 (which deals with right of entry); or

                     (g)  a term that provides for the exercise of a State or Territory OHS right other than in accordance with Part 3‑4 (which deals with right of entry).