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Section : 194 Meaning of unlawful term
Domain : Human Resource Management
Classification : Not Identified
Text Content
A term of an enterprise agreement is an unlawful term if it is: (a) a discriminatory term; or (b) an objectionable term; or (c) if a particular employee would be protected from unfair dismissal under Part 3-2 after completing a period of employment of at least the minimum employment period-a term that confers an entitlement or remedy in relation to a termination of the employee's employment that is unfair (however described) before the employee has completed that period; or (d) a term that excludes the application to, or in relation to, a person of a provision of Part 3-2 (which deals with unfair dismissal), or modifies the application of such a provision in a way that is detrimental to, or in relation to, a person; or (e) a term that is inconsistent with a provision of Part 3-3 (which deals with industrial action); or (f) a term that provides for an entitlement: Chapter 2 Terms and conditions of employment Part 2-4 Enterprise agreements Division 4 Approval of enterprise agreements