Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:2_576v
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 2 cl 576V
Character Range: 157744–160220

576V  Who is bound by a modern award

Modern award binds employers, employees etc. that it is expressed to bind

 (1) A modern award binds, in accordance with its terms, the employers, employees, organisations and eligible entities that it is expressed to bind.

Modern award must be expressed to bind specified employers and employees

 (2) A modern award must be expressed to bind the following:
 (a) specified employers;
 (b) specified employees of employers bound by the modern award, in respect of work that is expressed to be regulated by the modern award.

Modern award must be expressed not to bind employers bound by enterprise awards

 (3) A modern award must be expressed not to bind an employer who is bound by an enterprise award in respect of an employee to whom the enterprise award applies.

Modern award may be expressed to bind organisations

 (4) A modern award may be expressed to bind one or more specified organisations in respect of all or specified employees or employers who are bound by the modern award.

Modern award may be expressed to bind eligible entities or employers in relation to outworker terms

 (5) In addition to the employers, employees and organisations that a modern award is expressed to bind, the modern award may be expressed to bind, but only in relation to outworker terms included in the modern award, an eligible entity or an employer that operates in an industry:
 (a) to which the modern award relates; or
 (b) in respect of which the outworker terms are applicable.

Modern award must be in accordance with award modernisation request

 (6) The power of the Commission under subsections (2), (3), (4) and (5) must be exercised in accordance with the award modernisation request to which the modern award relates.

Specification of employers, employees etc. by name or class

 (7) For the purposes of subsections (2), (3), (4) and (5):
 (a) employers may be specified by name or by inclusion in a specified class or specified classes; and
 (b) employees must be specified by inclusion in a specified class or specified classes; and
 (c) organisations must be specified by name; and
 (d) eligible entities may be specified by name or by inclusion in a specified class or specified classes.

 (8) Without limiting the way in which a class may be described for the purposes of subsection (7), the class may be described by reference to a particular industry or particular kinds of work.

Division 5—Technical matters