Fair Work Act 2009
278Interaction of a workplace determination with enterprise agreements etc.
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278 Interaction of a workplace determination with enterprise agreements etc.
Interaction with an earlier enterprise agreement
(1A) If:
(a) an enterprise agreement applies to an employee in relation to particular employment; and
(b) a workplace determination that covers the employee in relation to the same employment comes into operation;
the enterprise agreement ceases to apply to the employee in relation to that employment, and can never so apply again.
Interaction with a later enterprise agreement
(1) If:
(a) a workplace determination applies to an employee in relation to particular employment; and
(b) an enterprise agreement that covers the employee in relation to the same employment comes into operation;
the determination ceases to apply to the employee in relation to that employment, and can never so apply again.
Interaction with another workplace determination
(2) If:
(a) a workplace determination (the earlier determination) applies to an employee in relation to particular employment; and
(b) another workplace determination (the later determination) that covers the employee in relation to the same employment comes into operation;
the earlier determination ceases to apply to the employee in relation to that employment when the later determination comes into operation, and can never so apply again.