Section 205A — Fair Work Act 2009 (Cth)

(1) An enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies.

Note: Delegates’ rights term is defined in section 12.

When modern award term prevails

(2) However, if, when the agreement is approved, the delegates’ rights term is less favourable than the delegates’ rights term in one or more modern awards that cover the workplace delegates:

(a) the term in the enterprise agreement has no effect; and

(b) the most favourable term of those in the modern awards, as determined by the FWC, is taken to be a term of the enterprise agreement.

(3) To avoid doubt, if the delegates’ rights term of a modern award is taken to be a term of an enterprise agreement, the term does not change if the modern award changes.

Related sections

• s 203 — Requirements to be met by a flexibility term
• s 204 — Effect of arrangement that does not meet requirements of flexibility term
• s 205 — Enterprise agreements to include a consultation term etc.
• s 206 — Base rate of pay under an enterprise agreement must not be less than the modern award rate or the national minimum wage order rate etc.
• s 207 — Variation of an enterprise agreement may be made by employers and employees
• s 207A — Agreement of employee organisations covered by the agreement

Research how courts apply s 205A

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