Coverage terms of modern enterprise awards
Coverage terms must be included (1) A modern enterprise award must include terms (coverage terms) setting out, in accordance with this section: (a) the enterprise or enterprises to which the modern enterprise award relates; and (b) the employers, employees and organisations that are covered by the modern enterprise award. Enterprises (2) A modern enterprise award must be expressed to relate: (a) to a single enterprise (or a part of a single enterprise) only; or (b) to one or more enterprises, but only if the employers all carry on similar business activities under the same franchise and are: (i) franchisees of the same franchisor; or (ii) related bodies corporate of the same franchisor; or (iii) any combination of the above. Employers and employees (3) A modern enterprise award must be expressed to cover: (a) a specified employer that carries on, or specified employers that carry on, the enterprise or enterprises referred to in subsection (2); and (b) specified employees of employers covered by the modern enterprise award. Organisations (4) A modern enterprise award may be expressed to cover one or more specified organisations, in relation to: (a) all or specified employees covered by the award; or (b) the employer, or all or specified employers, covered by the award. Outworker entities (5) A modern enterprise award must not be expressed to cover outworker entities. How coverage etc. is expressed (6) For the purposes of subsection (2), an enterprise must be specified: (a) if paragraph (2)(a) applies to the enterprise—by name; or (b) if paragraph (2)(b) applies to the enterprise—by name, or by the name of the franchise. (7) For the purposes of subsections (3) and (4): (a) an employer or employers may be specified by name or by inclusion in a specified class or specified classes; and (b) employees must be specified by inclusion in a specified class or specified classes; and (c) organisations must be specified by name. Employees not traditionally covered by awards etc. (8) A modern enterprise award must not be expressed to cover classes of employees: (a) who, because of the nature or seniority of their role, have traditionally not been covered by awards (whether made under laws of the Commonwealth or the States); or (b) who perform work that is not of a similar nature to work that has traditionally been regulated by such awards. Note: For example, in some industries, managerial employees have traditionally not been covered by awards.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.
Try BriefBridge free