Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 47

When a modern award applies to an employee, employer, organisation or outworker entity

  (1)   A modern award applies to an employee, employer, organisation or outworker entity if:

  (a)   the modern award covers the employee, employer, organisation or outworker entity; and

  (b)   the modern award is in operation; and

  (c)   no other provision of this Act provides, or has the effect, that the modern award does not apply to the employee, employer, organisation or outworker entity.

Note 1:   Section   57 provides that a modern award does not apply to an employee (or to an employer, or an employee organisation, in relation to the employee) in relation to particular employment at a time when an enterprise agreement applies to the employee in relation to that employment.

Note 2:   In a modern award, coverage of an outworker entity must be expressed to relate only to outworker terms: see subsection   143(4).

Modern awards do not apply to high income employees

  (2)   However, a modern award does not apply to an employee (or to an employer, or an employee organisation, in relation to the employee) at a time when the employee is a high income employee.

Modern awards apply to employees in relation to particular employment

  (3)   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.