Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:6_143a
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 6 cl 143A
Character Range: 253810–256368

143A  Coverage terms of modern enterprise awards

Coverage terms must be included
 (1) A modern enterprise award must include terms (coverage terms) setting out, in accordance with this section:
 (a) the enterprise or enterprises to which the modern enterprise award relates; and
 (b) the employers, employees and organisations that are covered by the modern enterprise award.

Enterprises
 (2) A modern enterprise award must be expressed to relate:
 (a) to a single enterprise (or a part of a single enterprise) only; or
 (b) to one or more enterprises, but only if the employers all carry on similar business activities under the same franchise and are:
 (i) franchisees of the same franchisor; or
 (ii) related bodies corporate of the same franchisor; or
 (iii) any combination of the above.

Employers and employees
 (3) A modern enterprise award must be expressed to cover:
 (a) a specified employer that carries on, or specified employers that carry on, the enterprise or enterprises referred to in subsection (2); and
 (b) specified employees of employers covered by the modern enterprise award.

Organisations
 (4) A modern enterprise award may be expressed to cover one or more specified organisations, in relation to:
 (a) all or specified employees covered by the award; or
 (b) the employer, or all or specified employers, covered by the award.

Outworker entities
 (5) A modern enterprise award must not be expressed to cover outworker entities.

How coverage etc. is expressed
 (6) For the purposes of subsection (2), an enterprise must be specified:
 (a) if paragraph (2)(a) applies to the enterprise—by name; or
 (b) if paragraph (2)(b) applies to the enterprise—by name, or by the name of the franchise.
 (7) For the purposes of subsections (3) and (4):
 (a) an employer or 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.

Employees not traditionally covered by awards etc.
 (8) A modern enterprise award must not be expressed to cover classes of employees:
 (a) who, because of the nature or seniority of their role, have traditionally not been covered by awards (whether made under laws of the Commonwealth or the States); or
 (b) who perform work that is not of a similar nature to work that has traditionally been regulated by such awards.
Note: For example, in some industries, managerial employees have traditionally not been covered by awards.