Document ID: chunk:federal_register_of_legislation:C2025C00150:section:47
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 47
Character Range: 249205–250674

47  When a modern award applies to an employer, employee, organisation or outworker entity

When a modern award applies to an employee, employer, organisation or outworker entity
 (1) A modern award applies to an employee, employer, organisation or outworker entity if:
 (a) the modern award covers the employee, employer, organisation or outworker entity; and
 (b) the modern award is in operation; and
 (c) no other provision of this Act provides, or has the effect, that the modern award does not apply to the employee, employer, organisation or outworker entity.
Note 1: Section 57 provides that a modern award does not apply to an employee (or to an employer, or an employee organisation, in relation to the employee) in relation to particular employment at a time when an enterprise agreement applies to the employee in relation to that employment.
Note 2: In a modern award, coverage of an outworker entity must be expressed to relate only to outworker terms: see subsection 143(4).

Modern awards do not apply to high income employees
 (2) However, a modern award does not apply to an employee (or to an employer, or an employee organisation, in relation to the employee) at a time when the employee is a high income employee.

Modern awards apply to employees in relation to particular employment
 (3) A reference in this Act to a modern award applying to an employee is a reference to the award applying to the employee in relation to particular employment.