Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 536JN

When a collective agreement is in operation

When a collective agreement comes into operation

  (1)   A collective agreement comes into operation:

  (a)   on the day that is it is registered under subsection   536MS(1); or

  (b)   if a later day is specified in the collective agreement--on that later day.

When a collective agreement is terminated

  (2)   A collective agreement is terminated:

  (a)   at the end of the period of operation specified in the collective agreement as required by paragraph   536MS(3)(a); or

  (b)   if an earlier day is specified in a termination notice in relation to the collective agreement that is registered under subsection   536MW(1)--on that day.

Collective agreements operate until terminated

  (3)   A collective agreement continues in operation until it is terminated.

  Interaction with minimum standards orders, etc.

  (4)   A term of a collective agreement has no effect in relation to a regulated worker in respect of a matter to the extent that the term is detrimental to the regulated worker in any respect, when compared to a minimum standards order or a law of a State or Territory that applies to the regulated worker in relation to that matter.

References to State and Territory laws

  (5)   Without limiting any other provision of this Act, a reference in this section to a law of a State or Territory:

  (a)   includes a reference to a regulation, rule or other instrument (however described) made pursuant to, or for the purposes of, a law of a State or Territory; and

  (b)   is a reference to a law of a State or Territory as in force from time to time.



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