In this Part:
Federal award means:(a) a modern award within the meaning of the Fair Work Act 2009 of the Commonwealth, or(b) a Division 2B State award under Schedule 3A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth.
State award means:(a) an award made, or taken to be made, by the Commission under this Act, and(b) any order of the Commission under this Act that sets conditions of employment (but not including a dispute order, an order under Part 6 or a stand-down order under section 126), and(c) a determination under section 63 of the Public Sector Management Act 1988, or any similar determination relating to employment in the public sector (including employment with an area health service), and(d) a public sector industrial agreement, and(e) a former industrial agreement, and(f) any other instrument made under this Act, or made under any other Act, relating to conditions of employment that is declared by the regulations to be a State award for the purposes of this Part.
An enterprise agreement may be made in accordance with this Act setting conditions of employment for employees.
(1) An enterprise agreement may (subject to this Part) be made for any relevant group of employees, including the following:(a) employees of a single employer (whether all employees or a group or category of employees),(b) employees of 2 or more associated employers (whether associated because they are related corporations, because they are engaged in a joint or common venture or because they undertake similar work),(c) employees engaged in a project (including a proposed project),(d) public sector employees (whether employees of all or of one or more authorities or whether all or some of the employees of an authority).(2) An enterprise agreement cannot be made for a group of employees if that group is limited by the agreement only to members of an industrial organisation.
(1) An enterprise agreement may be made between:(a) the employer or employers of the employees for whom it is made, and(b) one or more industrial organisations representing any of those employees.
An industrial organisation may represent only employees who are, or are eligible to be, members of the organisation.(2) An enterprise agreement may also be made between:(a) the employer or employers of the employees for whom it is made, and(b) the employees at the time the agreement is made.(3) A State peak council or an industrial organisation of employers may sign an enterprise agreement on behalf of industrial organisations or of employers and may apply for approval for the agreement. In that case, the industrial organisations or employers on whose behalf the agreement is signed are taken to be parties to the agreement and not the State peak council or the industrial organisation of employers.(4) An industrial organisation of employers may so sign an enterprise agreement on behalf of any employers (whether or not named in the agreement) who may in future employ persons in the project, venture or other industry for which the agreement is made.(5) In the case of an enterprise agreement made under subsection (2), the group of employees from time to time covered by the agreement is taken to be one of the parties to the agreement for the purposes of this Part.