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FAIR WORK ACT 2009 - SECT 197 Pieceworkers--enterprise agreement includes pieceworker term

FAIR WORK ACT 2009 - SECT 197

Pieceworkers--enterprise agreement includes pieceworker term

Application of this section

  (1)   This section applies if:

  (a)   an enterprise agreement that covers an employee includes a term that defines or describes the employee as a pieceworker; and

  (b)   a modern award that is in operation and covers the employee does not include such a term.

No detriment test

  (2)   The FWC must be satisfied that the effect of including such a term in the agreement is not detrimental to the employee in relation to the entitlements of the employee under the National Employment Standards.

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