Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 21

Meaning of pieceworker

             (1)  A pieceworker is:

                     (a)  a national system employee to whom a modern award applies and who is defined or described in the award as a pieceworker; or

                     (b)  a national system employee to whom an enterprise agreement applies and who is defined or described in the agreement as a pieceworker; or

                     (c)  an award/agreement free employee who is in a class of employees prescribed by the regulations as pieceworkers.

Note:          Sections 197 and 198 affect whether FWA may approve an enterprise agreement covering a national system employee that includes a term that:

(a)    defines or describes the employee as a pieceworker, if the employee is covered by a modern award that is in operation and does not include such a term; or

(b)    does not define or describe the employee as a pieceworker, if the employee is covered by a modern award that is in operation and includes such a term.

             (2)  Without limiting the way in which a class may be described for the purposes of paragraph (1)(c), the class may be described by reference to one or more of the following:

                     (a)  a particular industry or part of an industry;

                     (b)  a particular kind of work;

                     (c)  a particular type of employment.



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