Fair Work Act 2009
536JMWhen a collective agreement covers a regulated worker, a regulated business or an organisation
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536JM When a collective agreement covers a regulated worker, a regulated business or an organisation
(1) A collective agreement covers a regulated worker, a regulated business or an organisation if the agreement is expressed to cover the regulated worker, the regulated business or the organisation.
Effect of other provisions of this Act, FWC orders or court orders on coverage
(2) A collective agreement also covers a regulated worker, a regulated business or an organisation if any of the following provides, or has the effect, that the agreement covers the regulated worker, the regulated business or the organisation:
(a) a provision of this Act;
(b) an FWC order made under a provision of this Act;
(c) an order of a court.
(3) Despite subsections (1) and (2), a collective agreement does not cover a regulated worker, a regulated business or an organisation if any of the following provides, or has the effect, that the agreement does not cover the regulated worker, the regulated business or the organisation:
(a) a provision of this Act;
(b) an FWC order made under a provision of this Act;
(c) an order of a court.
Collective agreements that have ceased to operate
(4) Despite subsections (1) and (2), a collective agreement that has ceased to operate does not cover regulated worker, a regulated business or an organisation.