Commonwealth Numbered Acts

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 253

             (1)  A term of an enterprise agreement has no effect to the extent that:

                     (a)  it is not a term about a permitted matter; or

                     (b)  it is an unlawful term; or

                     (c)  it is a designated outworker term.

Note 1:       A term of an enterprise agreement has no effect to the extent that it contravenes section 55 (see section 56).

Note 2:       A term of an enterprise agreement permitting or requiring deductions or payments to be made has no effect if it benefits the employer and is unreasonable in the circumstances (see section 326).

             (2)  However, if an enterprise agreement includes a term that has no effect because of subsection (1), or section 56 or 326, the inclusion of the term does not prevent the agreement from being an enterprise agreement.