Fair Work Act. Australia

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СКАЧАТЬ or enterprise agreement has no effect to the extent that it contravenes section 55.

      Subdivision B — Interaction between modern awards and enterprise agreements

      57 Interaction between modern awards and enterprise agreements

      (1) A modern award does not apply to an employee in relation to particular employment at a time when an enterprise agreement applies to the employee in relation to that employment.

      (2) If a modern award does not apply to an employee in relation to particular employment because of subsection (1), the award does not apply to an employer, or an employee organisation, in relation to the employee.

      57A Designated outworker terms of a modern award continue to apply

      (1) This section applies if, at a particular time:

      (a) an enterprise agreement applies to an employer; and

      (b) a modern award covers the employer (whether the modern award covers the employer in the employer’s capacity as an employer or an outworker entity); and

      (c) the modern award includes one or more designated outworker terms.

      (2) Despite section 57, the designated outworker terms of the modern award apply at that time to the following:

      (a) the employer;

      (b) each employee who is both:

      (i) a person to whom the enterprise agreement applies; and

      (ii) a person who is covered by the modern award;

      (c) each employee organisation that is covered by the modern award.

      (3) To avoid doubt:

      (a) designated outworker terms of a modern award can apply to an employer under subsection (2) even if none of the employees of the employer is an outworker; and

      (b) to the extent to which designated outworker terms of a modern award apply to an employer, an employee or an employee organisation because of subsection (2), the modern award applies to the employer, employee or organisation.

      Subdivision C–Interaction between one or more enterprise agreements

      58 Only one enterprise agreement can apply to an employee

      Only one enterprise agreement can apply to an employee

      (1) Only one enterprise agreement can apply to an employee at a particular time.

      General rule — later agreement does not apply until earlier agreement passes its nominal expiry date

      (2) If:

      (a) an enterprise agreement (the earlier agreement) applies to an employee in relation to particular employment;and

      (b) another enterprise agreement (the later agreement) that covers the employee in relation to the same employment comes into operation; and

      (c) subsection (3) (which deals with a single-enterprise agreement replacing a multi-enterprise agreement) does not apply;

      then:

      (d) if the earlier agreement has not passed its nominal expiry date:

      (i) the later agreement cannot apply to the employee in relation to that employment until the earlier agreement passes its nominal expiry date; and

      (ii) the earlier agreement ceases to apply to the employee in relation to that employment when the earlier agreement passes its nominal expiry date, and can never so apply again; or

      (e) if the earlier agreement has passed its nominal expiry date — the earlier agreement ceases to apply to the employee when the later agreement comes into operation, and can never so apply again.

      Special rule — single-enterprise agreement replaces multi-enterprise agreement

      (3) Despite subsection (2), if:

      (a) a multi-enterprise agreement applies to an employee in relation to particular employment; and

      (b) a single-enterprise agreement that covers the employee in relation to the same employment comes into operation;

      the multi-enterprise agreement ceases to apply to the employee in relation to that employment when the single-enterprise agreement comes into operation, and can never so apply again.

      Part 2–2—The National Employment Standards

      Division 1—Introduction

      59 Guide to this Part

      This Part contains the National Employment Standards.

      Division 2 identifies the National Employment Standards, the detail of which is set out in Divisions 3 to 12.

      Division 13 contains miscellaneous provisions relating to the National Employment Standards.

      The National Employment Standards are minimum standards that apply to the employment of national system employees. Part 2–1 (which deals with the core provisions for this Chapter) contains the obligation for employers to comply with the National Employment Standards (see section 44).

      The National Employment Standards also underpin what can be included in modern awards and enterprise agreements. Part 2–1 provides that the National Employment Standards cannot be excluded by modern awards or enterprise agreements, and contains other provisions about the interaction between the National Employment Standards and modern awards or enterprise agreements (see sections 55 and 56).

      Divisions 2 and 3 of Part 6–3 extend the operation of the parental leave and notice of termination provisions of the National Employment Standards to employees who are not national system employees.

      60 Meanings of employee and employer

      In this Part, employee means a national system employee, and employer means a national system employer.

      Division 2—The National Employment Standards

      61 The National Employment Standards are minimum standards applying to employment of employees

      (1) This Part sets minimum standards that apply to the employment of employees which cannot be displaced, even if an enterprise agreement includes terms of the kind referred to in subsection 55(5).

      Note: Subsection 55(5) allows enterprise agreements to include terms that have the same (or substantially the same) effect as provisions of the National Employment Standards.

      (2) The minimum standards relate to the following matters:

      (a) maximum weekly hours (Division 3);

      (b) requests for flexible working arrangements (Division 4);

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