205AEnterprise agreements to include a delegates’ rights term etc.

205A  Enterprise agreements to include a delegates’ rights term etc.  (1) An enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. Note: Delegates’ rights term is defined in section 12. When modern award term prevails  (2) However, if, when the agreement is approved, the delegates’ rights term is less favourable than the delegates’ rights term in one or more modern awards that cover the workplace delegates:  (a) the term in the enterprise agreement has no effect; and  (b) the most favourable term of those in the modern awards, as determined by the FWC, is taken to be a term of the enterprise agreement.  (3) To avoid doubt, if the delegates’ rights term of a modern award is taken to be a term of an enterprise agreement, the term does not change if the modern award changes. Division 6—Base rate of pay under enterprise agreements 206  Base rate of pay under an enterprise agreement must not be less than the modern award rate or the national minimum wage order rate etc. If an employee is covered by a modern award that is in operation  (a) an enterprise agreement applies to an employee; and  (b) a modern award that is in operation covers the employee; the base rate of pay payable to the employee under the agreement (the agreement rate) must not be less than the base rate of pay that would be payable to the employee under the modern award (the award rate) if the modern award applied to the employee.  (2) If the agreement rate is less than the award rate, the agreement has effect in relation to the employee as if the agreement rate were equal to the award rate. If an employer is required to pay an employee the national minimum wage etc.  (a) an enterprise agreement applies to an employee; and  (b) the employee is not covered by a modern award that is in operation; and  (c) a national minimum wage order would, but for the agreement applying to the employee, require the employee’s employer to pay the employee a base rate of pay (the employee’s order rate) that at least equals the national minimum wage, or a special national minimum wage, set by the order; the base rate of pay payable to the employee under the enterprise agreement (the agreement rate) must not be less than the employee’s order rate.  (4) If the agreement rate is less than the employee’s order rate, the agreement has effect in relation to the employee as if the agreement rate were equal to the employee’s order rate. Division 7—Variation and termination of enterprise agreements Subdivision A—Variation of enterprise agreements by employers and employees: general circumstances