Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 43

Main terms and conditions

  (1)   The main terms and conditions of employment of an employee that are provided under this Act are those set out in:

  (a)   the National Employment Standards (see Part   2 - 2); and

  (b)   a modern award (see Part   2 - 3), an enterprise agreement (see Part   2 - 4) or a workplace determination (see Part   2 - 5) that applies to the employee.

Note 1:   The situations in which a workplace determination, rather than a modern award or enterprise agreement, provides an employee's terms and conditions of employment are limited. In most cases, this Act applies to a workplace determination as if it were an enterprise agreement in operation (see section   279). See Part   2 - 5 generally for the rules on workplace determinations.

Note 2:   Part   2 - 8 provides for the transfer of certain modern awards, enterprise agreements and workplace determinations if there is a transfer of business from an employee's employer to another employer.

Note 3:   Copied State instruments provide the main terms and conditions of employment for an employee to whom the instrument applies. See Part   6 - 3A generally for the rules about those instruments.

Other terms and conditions

  (2)   In addition, other terms and conditions of employment include:

  (a)   those terms and conditions arising from:

  (i)   a national minimum wage order (see Part   2 - 6); or

  (ii)   an equal remuneration order (see Part   2 - 7); and

  (b)   those terms and conditions provided by Part   2 - 9.

Note:   Part   2 - 9 deals with miscellaneous terms and conditions of employment, such as payment of wages.