(1) An agreement is unenforceable to the extent that it relates to building employees if:
(a) the agreement is entered into with the intention of securing standard employment conditions for building employees in respect of building work that they carry out at a particular building site or sites; and
(b) not all the employees are employed in a single enterprise; and
(c) a party to the agreement is a constitutional corporation and at least some of the employees are employees of that corporation; and
(d) the agreement is not a Commonwealth industrial instrument.
(2) A single enterprise is:
(a) a business, project or undertaking that is carried on by an employer; or
(b) the activities carried on by:
(i) the Commonwealth, a State or a Territory; or
(ii) a body, association, office or other entity established for a public purpose by or under a law of the Commonwealth, a State or a Territory; or
(iii) any other body in which the Commonwealth, a State or a Territory has a controlling interest.