Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 253

Terms of an enterprise agreement that are of no effect

  (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:   Certain terms of enterprise agreements relating to deductions, or requiring employees to spend or pay amounts, have no effect (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.


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