Section 128 — Fair Work Act 2009 (Cth)

The National Employment Standards have effect subject to:

(a) an agreement between an employer and an award/agreement free employee or a requirement made by an employer of an award/agreement free employee, that is expressly permitted by a provision of this Part; or

(b) an agreement between an employer and an award/agreement free employee that is expressly permitted by regulations made for the purpose of section 129.

Note 1: In determining what matters are permitted to be agreed or required under paragraph (a), any regulations made for the purpose of section 129 that expressly prohibit certain agreements or requirements must be taken into account.

Note 2: See also the note to section 64 (which deals with the effect of averaging arrangements).

Related sections

• s 125B — Giving employees the Casual Employment Information Statement
• s 126 — Modern awards and enterprise agreements may provide for school‑based apprentices and trainees to be paid loadings in lieu
• s 127 — Regulations about what modern awards and enterprise agreements can do
• s 129 — Regulations about what can be agreed to etc. in relation to award/agreement free employees
• s 130 — Restriction on taking or accruing leave or absence while receiving workers’ compensation
• s 131 — Relationship with other Commonwealth laws

Research how courts apply s 128

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.