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Fair Work Act 2009
127Regulations about what modern awards and enterprise agreements can do
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127 Regulations about what modern awards and enterprise agreements can do
The regulations may:
(a) permit modern awards or enterprise agreements or both to include terms that would or might otherwise be contrary to this Part or section 55 (which deals with the interaction between the National Employment Standards and a modern award or enterprise agreement); or
(b) prohibit modern awards or enterprise agreements or both from including terms that would or might otherwise be permitted by a provision of this Part or section 55.
128 Relationship between National Employment Standards and agreements etc. permitted by this Part for award/agreement free employees
The National Employment Standards have effect subject to:
(a) an agreement between an employer and an award/agreement free employee or a requirement made by an employer of an award/agreement free employee, that is expressly permitted by a provision of this Part; or
(b) an agreement between an employer and an award/agreement free employee that is expressly permitted by regulations made for the purpose of section 129.
Note 1: In determining what matters are permitted to be agreed or required under paragraph (a), any regulations made for the purpose of section 129 that expressly prohibit certain agreements or requirements must be taken into account.
Note 2: See also the note to section 64 (which deals with the effect of averaging arrangements).