Section 57A — Fair Work Act 2009 (Cth)

(1) This section applies if, at a particular time:

(a) an enterprise agreement applies to an employer; and

(b) a modern award covers the employer (whether the modern award covers the employer in the employer’s capacity as an employer or an outworker entity); and

(c) the modern award includes one or more designated outworker terms.

(2) Despite section 57, the designated outworker terms of the modern award apply at that time to the following:

(a) the employer;

(b) each employee who is both:

(i) a person to whom the enterprise agreement applies; and

(ii) a person who is covered by the modern award;

(c) each employee organisation that is covered by the modern award.

(3) To avoid doubt:

(a) designated outworker terms of a modern award can apply to an employer under subsection (2) even if none of the employees of the employer is an outworker; and

(b) to the extent to which designated outworker terms of a modern award apply to an employer, an employee or an employee organisation because of subsection (2), the modern award applies to the employer, employee or organisation.

Related sections

• 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 57 — Interaction between modern awards and enterprise agreements
• s 58 — Only one enterprise agreement can apply to an employee
• s 59 — Guide to this Part
• s 60 — Meanings of employee and employer

Research how courts apply s 57A

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