Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 270A

Terms dealing with matters at issue

  (1)   This section applies if, immediately before the determination is made, an enterprise agreement applies to one or more employees who will be covered by the determination.

  (2)   A term that is included in the determination to comply with subsection   270(3), and that deals with a particular matter, must be not less favourable to each of those employees, and any employee organisation that was a bargaining representative of any of those employees, than a term of the enterprise agreement that deals with the matter.

  (3)   If a term to be included in the determination is not less favourable to a class of employees to which a particular employee belongs, the FWC is entitled to assume, in the absence of evidence to the contrary, that the term is not less favourable to the employee.

  (4)   Subsection   (2) does not apply to a term that provides for a wage increase.


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