Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 536JL

When a collective agreement applies to a regulated worker

  (1)   A collective agreement applies to a regulated worker if:

  (a)   the collective agreement covers the regulated worker; and

  (b)   the collective agreement is in operation; and

  (c)   no other provision of this Act provides, or has the effect, that the collective agreement does not apply to the regulated worker.

When a collective agreement applies to a regulated business

  (2)   A collective agreement applies to a regulated business if:

  (a)   the collective agreement covers the regulated business; and

  (b)   the collective agreement covers regulated workers; and

  (c)   if the regulated business is a digital labour platform operator:

  (i)   the digital labour platform operator directly or indirectly engages, under services contracts, employee - like workers covered by the collective agreement who perform work through or by means of a digital labour platform operated by the digital platform operator; or

  (ii)   the digital labour platform operator arranges or facilitates services contracts, through or by means of a digital labour platform operated by the digital platform operator, under which work is performed by employee - like workers covered by the collective agreement; and

  (d)   if the regulated business is a road transport business--the road transport business receives services under services contracts under which the regulated road transport contractors perform work; and

  (e)   no other provision of this Act provides, or has the effect, that the collective agreement does not apply to the regulated business.

Collective agreement applies in relation to services contracts

  (3)   A reference in this Act to a collective agreement applying to a regulated worker is a reference to the collective agreement applying to the regulated worker in relation to a services contract.