Overview
- The Fair Work Act is intended to operate so that when a workplace determination comes into operation any previous enterprise agreement will cease to apply. Legislative amendment is required to include a specific interaction rule between workplace determinations and enterprise agreements that removes any doubt about the operation of the Fair Work Act in this regard.
Considerations
- Confirm the intended operation of the Fair Work Act and take the matter beyond doubt, ensuring certainty for employers and employees about the operation of industrial instruments in these circumstances.