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Section : 55 Interaction between the National Employment Standards and a modern award or enterprise agreement
Domain : Human Resource Management
Classification : Not Identified
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National Employment Standards must not be excluded (1) A modern award or enterprise agreement must not exclude the National Employment Standards or any provision of the National Employment Standards. Terms expressly permitted by Part 2-2 or regulations may be included (2) A modern award or enterprise agreement may include any terms that the award or agreement is expressly permitted to include: (a) by a provision of Part 2-2 (which deals with the National Employment Standards); or (b) by regulations made for the purposes of section 127. Note: In determining what is permitted to be included in a modern award or enterprise agreement by a provision referred to in paragraph (a), any regulations made for the purpose of section 127 that expressly prohibit certain terms must be taken into account. (3) The National Employment Standards have effect subject to terms included in a modern award or enterprise agreement as referred to in subsection (2). Note: See also the note to section 63 (which deals with the effect of averaging arrangements). Chapter 2 Terms and conditions of employment Part 2-1 Core provisions for this Chapter Division 3 Interaction between the National Employment Standards, modern awards and enterprise agreements