Fair Work Act. Australia

Чтение книги онлайн.

СКАЧАТЬ provisions of this Act, FWA orders or court orders on coverage

      (2) A modern award also covers an employee, employer, organisation or outworker entity if any of the following provides, or has the effect, that the award covers the employee, employer, organisation or outworker entity:

      (a) a provision of this Act or of the Fair Work (Registered Organisations) Act 2009;

      (b) an FWA order made under a provision of this Act;

      (c) an order of a court.

      (3) Despite subsections (1) and (2), a modern award does not cover an employee, employer, organisation or outworker entity if any of the following provides, or has the effect, that the award does not cover the employee, employer or organisation or outworker entity:

      (a) a provision of this Act;

      (b) an FWA order made under a provision of this Act;

      (c) an order of a court.

      Modern awards that have ceased to operate

      (4) Despite subsections (1) and (2), a modern award that has ceased to operate does not cover an employee, employer, organisation or outworker entity.

      Modern awards cover employees in relation to particular employment

      (5) A reference to a modern award covering an employee is a reference to the award covering the employee in relation to particular employment.

      49 When a modern award is in operation

      When a modern award comes into operation

      (1) A modern award comes into operation:

      (a) on 1 July in the next financial year after it is made; or

      (b) if it is made on 1 July in a financial year — on that day.

      (2) However, if FWA specifies another day as the day on which the modern award comes into operation, it comes into operation on that other day. FWA must not specify another day unless it is satisfied that it is appropriate to do so.

      (3) The specified day must not be earlier than the day on which the modern award is made.

      Note: For when a State reference public sector modern award comes into operation, see section 168J.

      When a determination revoking a modern award comes into operation

      (4) A determination revoking a modern award comes into operation on the day specified in the determination.

      (5) The specified day must not be earlier than the day on which the determination is made.

      Modern awards and revocation determinations take effect from first full pay period

      (6) A modern award, or a determination revoking a modern award, does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after the day the award or determination comes into operation.

      Modern awards operate until revoked

      (7) A modern award continues in operation until it is revoked.

      Subdivision D — Terms and conditions of employment provided by an enterprise agreement

      5 °Contravening an enterprise agreement

      A person must not contravene a term of an enterprise agreement.

      Note 1:This section is a civil remedy provision (see Part 4–1).

      Note 2:A person does not contravene a term of an enterprise agreement unless the agreement applies to the person: see subsection 51(1).

      51 The significance of an enterprise agreement applying to a person

      (1) An enterprise agreement does not impose obligations on a person, and a person does not contravene a term of an enterprise agreement, unless the agreement applies to the person.

      (2) An enterprise agreement does not give a person an entitlement unless the agreement applies to the person.

      52 When an enterprise agreement applies to an employer, employee or employee organisation

      When an enterprise agreement applies to an employee, employer or organisation

      (1) An enterprise agreement applies to an employee, employer or employee organisation if:

      (a) the agreement is in operation; and

      (b) the agreement covers the employee, employer or organisation; and

      (c) no other provision of this Act provides, or has the effect, that the agreement does not apply to the employee, employer or organisation.

      Enterprise agreements apply to employees in relation to particular employment

      (2) A reference in this Act to an enterprise agreement applying to an employee is a reference to the agreement applying to the employee in relation to particular employment.

      53 When an enterprise agreement covers an employer, employee or employee organisation

      Employees and employers

      (1) An enterprise agreement covers an employee or employer if the agreement is expressed to cover (however described) the employee or the employer.

      Employee organisations

      (2) An enterprise agreement covers an employee organisation:

      (a) for an enterprise agreement that is not a greenfields agreement — if FWA has noted in its decision to approve the agreement that the agreement covers the organisation (see subsection 201(2));or

      (b) for a greenfields agreement — if the agreement is made by the organisation.

      Effect of provisions of this Act, FWA orders and court orders on coverage

      (3) An enterprise agreement also covers an employee, employer or employee organisation if any of the following provides, or has the effect, that the agreement covers the employee, employer or organisation:

      (a) a provision of this Act or of the Fair Work (Registered Organisations) Act 2009;

      (b) an FWA order made under a provision of this Act;

      (c) an order of a court.

      (4) Despite subsections (1), (2) and (3), an enterprise agreement does not cover an employee, employer or employee organisation if any of the following provides, or has the effect, that the agreement does not cover the employee, employer or organisation:

      (a) another provision of this Act;

      (b) СКАЧАТЬ