41Guide to this Part

41  Guide to this Part This Part has the core provisions for this Chapter, which deals with terms and conditions of employment of national system employees. The main terms and conditions come from the National Employment Standards, modern awards, enterprise agreements and workplace determinations. The National Employment Standards (Part 2‑2) are minimum terms and conditions that apply to all national system employees. A modern award (see Part 2‑3), an enterprise agreement (see Part 2‑4) or a workplace determination (see Part 2‑5) provides terms and conditions for those national system employees to whom the award, agreement or determination applies. Only one of those instruments can apply to an employee at a particular time. Division 2 has the provisions to enforce the National Employment Standards, modern awards and enterprise agreements. It also sets out when a modern award or enterprise agreement applies to a person and the significance of that for this Act. Note: In most cases, this Act applies to a workplace determination as if it were an enterprise agreement in operation (see section 279). For the rules about workplace determinations, see Part 2‑5. Division 3 deals with the interaction between the National Employment Standards, modern awards and enterprise agreements. 42  Meanings of employee and employer Division 2—Core provisions for this Chapter Subdivision A—Terms and conditions of employment provided under this Act 43  Terms and conditions of employment provided under this Act Main terms and conditions  (1) The main terms and conditions of employment of an employee that are provided under this Act are those set out in:  (a) the National Employment Standards (see Part 2‑2); and  (b) a modern award (see Part 2‑3), an enterprise agreement (see Part 2‑4) or a workplace determination (see Part 2‑5) that applies to the employee. Note 1: The situations in which a workplace determination, rather than a modern award or enterprise agreement, provides an employee’s terms and conditions of employment are limited. In most cases, this Act applies to a workplace determination as if it were an enterprise agreement in operation (see section 279). See Part 2‑5 generally for the rules on workplace determinations. Note 2: Part 2‑8 provides for the transfer of certain modern awards, enterprise agreements and workplace determinations if there is a transfer of business from an employee’s employer to another employer. Note 3: Copied State instruments provide the main terms and conditions of employment for an employee to whom the instrument applies. See Part 6‑3A generally for the rules about those instruments. Other terms and conditions  (2) In addition, other terms and conditions of employment include:  (a) those terms and conditions arising from:  (i) a national minimum wage order (see Part 2‑6); or  (ii) an equal remuneration order (see Part 2‑7); and  (b) those terms and conditions provided by Part 2‑9. Note: Part 2‑9 deals with miscellaneous terms and conditions of employment, such as payment of wages. Subdivision B—Terms and conditions of employment provided by the National Employment Standards 44  Contravening the National Employment Standards   An employer must not contravene a provision of the National Employment Standards. Note: This section is a civil remedy provision (see Part 4‑1). Subdivision C—Terms and conditions of employment provided by a modern award