Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 143A

Coverage terms must be included

  (1)   A modern enterprise award must include terms ( coverage terms ) setting out, in accordance with this section:

  (a)   the enterprise or enterprises to which the modern enterprise award relates; and

  (b)   the employers, employees and organisations that are covered by the modern enterprise award.

Enterprises

  (2)   A modern enterprise award must be expressed to relate:

  (a)   to a single enterprise (or a part of a single enterprise) only; or

  (b)   to one or more enterprises, but only if the employers all carry on similar business activities under the same franchise and are:

  (i)   franchisees of the same franchisor; or

  (ii)   related bodies corporate of the same franchisor; or

  (iii)   any combination of the above.

Employers and employees

  (3)   A modern enterprise award must be expressed to cover:

  (a)   a specified employer that carries on, or specified employers that carry on, the enterprise or enterprises referred to in subsection   (2); and

  (b)   specified employees of employers covered by the modern enterprise award.

Organisations

  (4)   A modern enterprise award may be expressed to cover one or more specified organisations, in relation to:

  (a)   all or specified employees covered by the award; or

  (b)   the employer, or all or specified employers, covered by the award.

Outworker entities

  (5)   A modern enterprise award must not be expressed to cover outworker entities.

How coverage etc. is expressed

  (6)   For the purposes of subsection   (2), an enterprise must be specified:

  (a)   if paragraph   (2)(a) applies to the enterprise--by name; or

  (b)   if paragraph   (2)(b) applies to the enterprise--by name, or by the name of the franchise.

  (7)   For the purposes of subsections   (3) and (4):

  (a)   an employer or employers may be specified by name or by inclusion in a specified class or specified classes; and

  (b)   employees must be specified by inclusion in a specified class or specified classes; and

  (c)   organisations must be specified by name.

Employees not traditionally covered by awards etc.

  (8)   A modern enterprise award must not be expressed to cover classes of employees:

  (a)   who, because of the nature or seniority of their role, have traditionally not been covered by awards (whether made under laws of the Commonwealth or the States); or

  (b)   who perform work that is not of a similar nature to work that has traditionally been regulated by such awards.

Note:   For example, in some industries, managerial employees have traditionally not been covered by awards.