Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 278

Interaction of a workplace determination with enterprise agreements etc.

Interaction with an earlier enterprise agreement

  (1A)   If:

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

  (b)   a workplace determination that covers the employee in relation to the same employment comes into operation;

the enterprise agreement ceases to apply to the employee in relation to that employment, and can never so apply again.

Interaction with a later enterprise agreement

  (1)   If:

  (a)   a workplace determination applies to an employee in relation to particular employment; and

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

the determination ceases to apply to the employee in relation to that employment, and can never so apply again.

Interaction with another workplace determination

  (2)   If:

  (a)   a workplace determination (the earlier determination ) applies to an employee in relation to particular employment; and

  (b)   another workplace determination (the later determination ) that covers the employee in relation to the same employment comes into operation;

the earlier determination ceases to apply to the employee in relation to that employment when the later determination comes into operation, and can never so apply again.


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