Document ID: chunk:federal_register_of_legislation:C2025C00150:section:136
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 136
Character Range: 424302–425565

136  What can be included in modern awards

Terms that may or must be included
 (1) A modern award must only include terms that are permitted or required by:
 (a) Subdivision B (which deals with terms that may be included in modern awards); or
 (b) Subdivision C (which deals with terms that must be included in modern awards); or
 (c) section 55 (which deals with interaction between the National Employment Standards and a modern award or enterprise agreement); or
 (d) Part 2‑2 (which deals with the National Employment Standards).
Note 1: Subsection 55(4) permits inclusion of terms that are ancillary or incidental to, or that supplement, the National Employment Standards.
Note 2: Part 2‑2 includes a number of provisions permitting inclusion of terms about particular matters.

Terms that must not be included
 (2) A modern award must not include terms that contravene:
 (a) Subdivision D (which deals with terms that must not be included in modern awards); or
 (b) section 55 (which deals with the interaction between the National Employment Standards and a modern award or enterprise agreement).
Note: The provisions referred to in subsection (2) limit the terms that can be included in modern awards under the provisions referred to in subsection (1).