Fair Work Act 2009

This section applies if, at a particular time:

an enterprise agreement applies to an employer; and

a modern award covers the employer (whether the modern award covers the employer in the employer’s capacity as an employer or an outworker entity); and

the modern award includes one or more designated outworker terms.

Despite section 57, the designated outworker terms of the modern award apply at that time to the following:

the employer;

each employee who is both:

a person to whom the enterprise agreement applies; and

a person who is covered by the modern award;

each employee organisation that is covered by the modern award.

To avoid doubt:

designated outworker terms of a modern award can apply to an employer under subsection (2) even if none of the employees of the employer is an outworker; and

to the extent to which designated outworker terms of a modern award apply to an employer, an employee or an employee organisation because of subsection (2), the modern award applies to the employer, employee or organisation.