Section 57 — Fair Work Act 2009 (Cth)

(1) A modern award does not apply to an employee in relation to particular employment at a time when an enterprise agreement applies to the employee in relation to that employment.

(2) If a modern award does not apply to an employee in relation to particular employment because of subsection (1), the award does not apply to an employer, or an employee organisation, in relation to the employee.

Related sections

• s 54 — When an enterprise agreement is in operation
• s 55 — Interaction between the National Employment Standards and a modern award or enterprise agreement
• s 56 — Terms of a modern award or enterprise agreement contravening section 55 have no effect
• s 57A — Designated outworker terms of a modern award continue to apply
• s 58 — Only one enterprise agreement can apply to an employee
• s 59 — Guide to this Part

Research how courts apply s 57

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