Fair Work Act 2009

A collective agreement applies to a regulated worker if:

the collective agreement covers the regulated worker; and

the collective agreement is in operation; and

no other provision of this Act provides, or has the effect, that the collective agreement does not apply to the regulated worker.

A collective agreement applies to a regulated business if:

the collective agreement covers the regulated business; and

the collective agreement covers regulated workers; and

if the regulated business is a digital labour platform operator:

the digital labour platform operator directly or indirectly engages, under services contracts, employee‑like workers covered by the collective agreement who perform work through or by means of a digital labour platform operated by the digital platform operator; or

the digital labour platform operator arranges or facilitates services contracts, through or by means of a digital labour platform operated by the digital platform operator, under which work is performed by employee‑like workers covered by the collective agreement; and

if the regulated business is a road transport business—the road transport business receives services under services contracts under which the regulated road transport contractors perform work; and

no other provision of this Act provides, or has the effect, that the collective agreement does not apply to the regulated business.

A reference in this Act to a collective agreement applying to a regulated worker is a reference to the collective agreement applying to the regulated worker in relation to a services contract.