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Industrial Relations Act 2016
sec.153Who a modern award applies to
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### sec.153 Who a modern award applies to
A modern award applies to an employee, employer or organisation if the award is in operation and—
the award states that it applies to the employee, employer or organisation; or
the award applies to the employee, employer or organisation under any of the following—
a provision of this Act;
an order made by the commission under this Act;
an order of a court.
However, a modern award does not apply to an employee, employer or organisation if a provision of this Act provides that the award does not apply to the employee, employer or organisation.
Without limiting subsection (1) , it is declared that a modern award may state it applies to a stated establishment or operation of a stated employer.
A reference in this Act to a modern award applying to an employee is a reference to the award applying to the employee in relation to particular employment.
(sec.153-ssec.1) A modern award applies to an employee, employer or organisation if the award is in operation and— the award states that it applies to the employee, employer or organisation; or the award applies to the employee, employer or organisation under any of the following— a provision of this Act; an order made by the commission under this Act; an order of a court.
(sec.153-ssec.2) However, a modern award does not apply to an employee, employer or organisation if a provision of this Act provides that the award does not apply to the employee, employer or organisation.
(sec.153-ssec.3) Without limiting subsection (1) , it is declared that a modern award may state it applies to a stated establishment or operation of a stated employer.
(sec.153-ssec.4) A reference in this Act to a modern award applying to an employee is a reference to the award applying to the employee in relation to particular employment.
- (a) the award states that it applies to the employee, employer or organisation; or
- (b) the award applies to the employee, employer or organisation under any of the following— (i) a provision of this Act; (ii) an order made by the commission under this Act; (iii) an order of a court.
- (i) a provision of this Act;
- (ii) an order made by the commission under this Act;
- (iii) an order of a court.
- (i) a provision of this Act;
- (ii) an order made by the commission under this Act;
- (iii) an order of a court.