Commonwealth Consolidated Acts Commonwealth Consolidated Acts"Despite section" 46AA of the Acts Interpretation Act 1901 , an enterprise agreement may incorporate material contained in an instrument or other writing:
(a) as in force at a particular time; or
(b) as in force from time to time.
This Part is about the terms that are defined in this Act.
Division 2 has the Dictionary (see section 12). The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.
Division 3 has definitions relating to the meanings of employee and employer.
Division 4 has some other definitions that apply across this Act.
This Part deals with the extent of the application of this Act.
Division 2 is about how this Act affects the operation of certain State or Territory laws.
Divisions 2A and 2B are about the extended application of this Act in States that have referred to the Parliament of the Commonwealth matters relating to this Act.
Division 3 is about the geographical application of this Act.
Division 4 deals with other matters relating to the application of this Act.
This Part has the core provisions for this Chapter, which deals with terms and conditions of employment of national system employees. The main terms and conditions come from the National Employment Standards, modern awards, enterprise agreements and workplace determinations.
The National Employment Standards (Part 2 - 2) are minimum terms and conditions that apply to all national system employees.
A modern award (see Part 2 - 3), an enterprise agreement (see Part 2 - 4) or a workplace determination (see Part 2 - 5) provides terms and conditions for those national system employees to whom the award, agreement or determination applies. Only one of those instruments can apply to an employee at a particular time.
Division 2 has the provisions to enforce the National Employment Standards, modern awards and enterprise agreements. It also sets out when a modern award or enterprise agreement applies to a person and the significance of that for this Act.
Note: In most cases, this Act applies to a workplace determination as if it were an enterprise agreement in operation (see section 279). For the rules about workplace determinations, see Part 2 - 5.
Division 3 deals with the interaction between the National Employment Standards, modern awards and enterprise agreements.
(a) a single - enterprise agreement applies to an employee in relation to particular employment; and
(b) a supported bargaining agreement that covers the employee in relation to the same employment comes into operation;
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.
This Part provides for the FWC to make, vary and revoke modern awards. Modern awards may set minimum terms and conditions for national system employees in particular industries or occupations. Modern awards can have terms that are ancillary or supplementary to the National Employment Standards (see Part 2 - 1).
Division 2 provides for the modern awards objective. This requires the FWC to ensure that modern awards, together with the National Employment Standards, provide a fair and relevant minimum safety net of terms and conditions, taking into account certain social and economic factors. Division 2 also contains special provisions about modern award minimum wages.
Division 3 deals with the terms of modern awards.
Division 4A provides for the FWC to conduct 4 yearly reviews of default fund terms of modern awards.
It also sets out the process for making the Schedule of Approved Employer MySuper products in a 4 yearly review, and amending the schedule after it is made to include other employer MySuper products. If an employer MySuper product is on the schedule, an employer covered by a modern award can make contributions, for the benefit of a default fund employee, to a superannuation fund that offers the product (see subsection 149D(1A)).
Division 5 provides for the FWC to exercise modern award powers in certain circumstances.
Division 6 contains some general provisions relating to modern award powers.
Division 7 contains additional provisions relating to modern enterprise awards.
Division 8 contains additional provisions relating to State reference public sector modern awards.
The obligation to comply with a modern award is in section 45 (in Part 2 - 1).
In relation to minimum wages in modern awards, the FWC has powers both under this Part and under Part 2 - 6 (which deals with minimum wages). The following is a summary of the FWC's powers under the 2 Parts:
(a) the initial making of a modern award setting modern award minimum wages can only occur under this Part;
(b) the main power to vary modern award minimum wages is in annual wage reviews under Part 2 - 6;
(c) modern award minimum wages can also be varied under this Part, but only for work value reasons or in other limited circumstances;
(d) modern award minimum wages can be set (otherwise than in the initial making of a modern award) or revoked either under this Part or in annual wage reviews under Part 2 - 6.
This Part is about enterprise agreements. An enterprise agreement is made at the enterprise level and provides terms and conditions for those national system employees to whom it applies. An enterprise agreement can have terms that are ancillary or supplementary to the National Employment Standards.
Division 2 deals with the making of enterprise agreements about permitted matters. An enterprise agreement (including a greenfields agreement) may be a single - enterprise agreement or a multi - enterprise agreement.
Division 3 deals with the right of employees to be represented by a bargaining representative during bargaining for a proposed enterprise agreement. It also sets out the persons who are bargaining representatives for such agreements.
Subdivision A of Division 4 deals with the approval of proposed enterprise agreements by employees and sets out when an enterprise agreement is made.
Subdivision B of Division 4 deals with the approval of enterprise agreements by the FWC. The remaining Subdivisions of the Division deal with certain approval requirements, including in relation to genuine agreement by employees and the better off overall test.
Division 5 deals with the mandatory terms of enterprise agreements relating to individual flexibility arrangements, consultation requirements and the rights of workplace delegates.
Division 6 deals with the base rate of pay under an enterprise agreement.
Division 7 deals with the variation and termination of enterprise agreements.
Division 8 provides for the FWC to facilitate bargaining by making bargaining orders, intractable bargaining declarations, majority support determinations and scope orders. It also permits bargaining representatives to apply for the FWC to deal with bargaining disputes.
Division 9 provides for the making of supported bargaining authorisations in relation to proposed multi - enterprise agreements. The effect of such an authorisation is that specified employers are subject to certain rules that would not otherwise apply (for example, bargaining orders that would not usually be available for multi - enterprise agreements will be available). It also permits the FWC to assist the bargaining representatives for such agreements.
Division 10 deals with single interest employer authorisations.
Division 11 deals with other matters relating to enterprise agreements.