Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 21

  (1)   A pieceworker is:

  (a)   a national system employee to whom a modern award applies and who is defined or described in the award as a pieceworker; or

  (b)   a national system employee to whom an enterprise agreement applies and who is defined or described in the agreement as a pieceworker; or

  (c)   an award/agreement free employee who is in a class of employees prescribed by the regulations as pieceworkers.

Note:   Sections   197 and 198 affect whether the FWC may approve an enterprise agreement covering a national system employee that includes a term that:

(a)   defines or describes the employee as a pieceworker, if the employee is covered by a modern award that is in operation and does not include such a term; or

(b)   does not define or describe the employee as a pieceworker, if the employee is covered by a modern award that is in operation and includes such a term.

  (2)   Without limiting the way in which a class may be described for the purposes of paragraph   (1)(c), the class may be described by reference to one or more of the following:

  (a)   a particular industry or part of an industry;

  (b)   a particular kind of work;

  (c)   a particular type of employment.