Section 253 — Fair Work Act 2009 (Cth)

(1) A term of an enterprise agreement has no effect to the extent that:

(a) it is not a term about a permitted matter; or

(b) it is an unlawful term; or

(c) it is a designated outworker term.

Note 1: A term of an enterprise agreement has no effect to the extent that it contravenes section 55 (see section 56).

Note 2: Certain terms of enterprise agreements relating to deductions, or requiring employees to spend or pay amounts, have no effect (see section 326).

(2) However, if an enterprise agreement includes a term that has no effect because of subsection (1), or section 56 or 326, the inclusion of the term does not prevent the agreement from being an enterprise agreement.

Related sections

• s 251 — Variation of single interest employer authorisations
• s 251A — Restriction on variation of single interest employer authorisation
• s 252 — Variation to extend period single interest employer authorisation is in operation
• s 254 — Applications by bargaining representatives
• s 254A — Entitlement for volunteer bodies to make submissions
• s 255 — Part does not empower the FWC to make certain orders

Research how courts apply s 253

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