Fair Work Act 2009

An enterprise agreement covers an employee or employer if the agreement is expressed to cover (however described) the employee or the employer.

An enterprise agreement covers an employee organisation:

for an enterprise agreement that is not a greenfields agreement—if the FWC has noted in its decision to approve the agreement that the agreement covers the organisation (see subsection 201(2)); or

for a greenfields agreement—if the agreement is made by the organisation.

An enterprise agreement also covers an employee, employer or employee organisation if any of the following provides, or has the effect, that the agreement covers the employee, employer or organisation:

a provision of this Act or of the Registered Organisations Act;

an FWC order made under a provision of this Act;

an order of a court.

Despite subsections (1), (2) and (3), an enterprise agreement does not cover an employee, employer or employee organisation if any of the following provides, or has the effect, that the agreement does not cover the employee, employer or organisation:

another provision of this Act;

an FWC order made under another provision of this Act;

an order of a court.

Despite subsections (1), (2) and (3), an enterprise agreement that has ceased to operate does not cover an employee, employer or employee organisation.

A reference in this Act to an enterprise agreement covering an employee is a reference to the agreement covering the employee in relation to particular employment.