Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 136

Terms that may or must be included

  (1)   A modern award must only include terms that are permitted or required by:

  (a)   Subdivision B (which deals with terms that may be included in modern awards); or

  (b)   Subdivision C (which deals with terms that must be included in modern awards); or

  (c)   section   55 (which deals with interaction between the National Employment Standards and a modern award or enterprise agreement); or

  (d)   Part   2 - 2 (which deals with the National Employment Standards).

Note 1:   Subsection   55(4) permits inclusion of terms that are ancillary or incidental to, or that supplement, the National Employment Standards.

Note 2:   Part   2 - 2 includes a number of provisions permitting inclusion of terms about particular matters.

Terms that must not be included

  (2)   A modern award must not include terms that contravene:

  (a)   Subdivision D (which deals with terms that must not be included in modern awards); or

  (b)   section   55 (which deals with the interaction between the National Employment Standards and a modern award or enterprise agreement).

Note:   The provisions referred to in subsection   (2) limit the terms that can be included in modern awards under the provisions referred to in subsection   (1).