Section 43 — Fair Work Act 2009 (Cth)

Main terms and conditions

(1) The main terms and conditions of employment of an employee that are provided under this Act are those set out in:

(a) the National Employment Standards (see Part 2‑2); and

(b) a modern award (see Part 2‑3), an enterprise agreement (see Part 2‑4) or a workplace determination (see Part 2‑5) that applies to the employee.

Note 1: The situations in which a workplace determination, rather than a modern award or enterprise agreement, provides an employee’s terms and conditions of employment are limited. In most cases, this Act applies to a workplace determination as if it were an enterprise agreement in operation (see section 279). See Part 2‑5 generally for the rules on workplace determinations.

Note 2: Part 2‑8 provides for the transfer of certain modern awards, enterprise agreements and workplace determinations if there is a transfer of business from an employee’s employer to another employer.

Note 3: Copied State instruments provide the main terms and conditions of employment for an employee to whom the instrument applies. See Part 6‑3A generally for the rules about those instruments.

Other terms and conditions

(2) In addition, other terms and conditions of employment include:

(a) those terms and conditions arising from:

(i) a national minimum wage order (see Part 2‑6); or

(ii) an equal remuneration order (see Part 2‑7); and

(b) those terms and conditions provided by Part 2‑9.

Note: Part 2‑9 deals with miscellaneous terms and conditions of employment, such as payment of wages.

Related sections

• s 40G — Road Transport Advisory Group subcommittees
• s 41 — Guide to this Part
• s 42 — Meanings of employee and employer
• s 44 — Contravening the National Employment Standards
• s 45 — Contravening a modern award
• s 46 — The significance of a modern award applying to a person

Research how courts apply s 43

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