s 198
In forcePieceworkers—enterprise agreement does not include a pieceworker term
Volume 1Chapter 1, Part 1-1 to Chapter 2, Part 2-4 (sections 1 to 257)
Chapter 2Terms and conditions of employment
Part 2-4Enterprise agreements
Division 4Approval of enterprise agreements
Subdivision EApproval requirements relating to particular kinds of employees
198 Pieceworkers—enterprise agreement does not include a pieceworker term
Application of this section
(1)
This section applies if:
(a)
an enterprise agreement that covers an employee does not include a term that defines or describes the employee as a pieceworker; and
(b)
a modern award that is in operation and covers the employee includes such a term.
No detriment test
(2)
The FWC must be satisfied that the effect of not including such a term in the agreement is not detrimental to the employee in relation to the entitlements of the employee under the National Employment Standards.
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