Fair Work Act 2009

A pieceworker is:

a national system employee to whom a modern award applies and who is defined or described in the award as a pieceworker; or

a national system employee to whom an enterprise agreement applies and who is defined or described in the agreement as a pieceworker; or

an award/agreement free employee who is in a class of employees prescribed by the regulations as pieceworkers.

Sections 197 and 198 affect whether the FWC may approve an enterprise agreement covering a national system employee that includes a term that:

defines or describes the employee as a pieceworker, if the employee is covered by a modern award that is in operation and does not include such a term; or

does not define or describe the employee as a pieceworker, if the employee is covered by a modern award that is in operation and includes such a term.

Without limiting the way in which a class may be described for the purposes of paragraph (1)(c), the class may be described by reference to one or more of the following:

a particular industry or part of an industry;

a particular kind of work;

a particular type of employment.