Fair Work Act 2009

A modern award must only include terms that are permitted or required by:

Subdivision B (which deals with terms that may be included in modern awards); or

Subdivision C (which deals with terms that must be included in modern awards); or

section 55 (which deals with interaction between the National Employment Standards and a modern award or enterprise agreement); or

Part 2‑2 (which deals with the National Employment Standards).

Subsection 55(4) permits inclusion of terms that are ancillary or incidental to, or that supplement, the National Employment Standards.

Part 2‑2 includes a number of provisions permitting inclusion of terms about particular matters.

A modern award must not include terms that contravene:

Subdivision D (which deals with terms that must not be included in modern awards); or

section 55 (which deals with the interaction between the National Employment Standards and a modern award or enterprise agreement).

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).