(1) A modern award
"applies to" an employee, employer or organisation if the award is in operation and—(a) the award states that it applies to the employee, employer or organisation; or(b) the award applies to the employee, employer or organisation under any of the following—(i) a provision of this Act;(ii) an order made by the commission under this Act;(iii) an order of a court.
(2) However, a modern award does not apply to an employee, employer or organisation if a provision of this Act provides that the award does not apply to the employee, employer or organisation.
(3) Without limiting subsection (1) , it is declared that a modern award may state it applies to a stated establishment or operation of a stated employer.
(4) A reference in this Act to a modern award applying to an employee is a reference to the award applying to the employee in relation to particular employment.