Section 196 — Fair Work Act 2009 (Cth)

Application of this section

(1) This section applies if:

(a) an employee is covered by an enterprise agreement; and

(b) a modern award that is in operation and covers the employee defines or describes the employee as a shiftworker for the purposes of the National Employment Standards.

Shiftworkers and the National Employment Standards

(2) The FWC must be satisfied that the agreement defines or describes the employee as a shiftworker for the purposes of the National Employment Standards.

Note: Section 87 provides an employee with an entitlement to 5 weeks of paid annual leave if an enterprise agreement that applies to the employee defines or describes the employee as a shiftworker for the purposes of the National Employment Standards.

Related sections

• s 194 — Meaning of unlawful term
• s 195 — Meaning of discriminatory term
• s 195A — Meaning of objectionable emergency management term
• s 197 — Pieceworkers—enterprise agreement includes pieceworker term
• s 198 — Pieceworkers—enterprise agreement does not include a pieceworker term
• s 199 — School‑based apprentices and school‑based trainees

Research how courts apply s 196

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