20
In forceRelationship of modern award with contract of employment
Chapter 2Modern employment conditions
Part 2Interaction of elements of industrial relations system
20 Relationship of modern award with contract of employment
(1)
A modern award prevails over a relevant contract to the extent of any inconsistency.
(2)
The contract must be interpreted, and takes effect, as if it were amended to the extent necessary to make the contract consistent with the modern award.
(3)
However, there is no inconsistency only because the contract provides for employment conditions at least as favourable for the employee as the modern award.
(4)
In this section—
relevant contract means a contract of employment that is—
(a)
in force when the modern award comes into operation; or
(b)
made while the modern award is in operation.
This Act’s bill:Explanatory memorandumSecond reading speech
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