Section 278 — Fair Work Act 2009 (Cth)

Interaction with an earlier enterprise agreement

(1A) If:

(a) an enterprise agreement applies to an employee in relation to particular employment; and

(b) a workplace determination that covers the employee in relation to the same employment comes into operation;

the enterprise agreement ceases to apply to the employee in relation to that employment, and can never so apply again.

Interaction with a later enterprise agreement

(1) If:

(a) a workplace determination applies to an employee in relation to particular employment; and

(b) an enterprise agreement that covers the employee in relation to the same employment comes into operation;

the determination ceases to apply to the employee in relation to that employment, and can never so apply again.

Interaction with another workplace determination

(2) If:

(a) a workplace determination (the earlier determination) applies to an employee in relation to particular employment; and

(b) another workplace determination (the later determination) that covers the employee in relation to the same employment comes into operation;

the earlier determination ceases to apply to the employee in relation to that employment when the later determination comes into operation, and can never so apply again.

Related sections

• s 275 — Factors the FWC must take into account in deciding terms of a workplace determination
• s 276 — When a workplace determination operates etc.
• s 277 — Employers, employees and employee organisations covered by a workplace determination
• s 279 — Act applies to a workplace determination as if it were an enterprise agreement
• s 280 — Contravening a workplace determination
• s 281 — Applications by bargaining representatives

Research how courts apply s 278

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