Section 128 — Fair Work Act 2009: Relationship between National Employment Standards and agreements etc. permitted by this Part for award/agreement free employees

The National Employment Standards have effect subject to: (a) an agreement between an employer and an award/agreement free employee or a requirement made by an employer of an award/agreement free employee, that is expressly permitted by a provision of this Part; or (b) an agreement between an employer and an award/agreement free employee that is expressly permitted by regulations made for the purpose of section 129. Note 1: In determining what matters are permitted to be agreed or required under paragraph (a), any regulations made for the purpose of section 129 that expressly prohibit certain agreements or requirements must be taken into account. Note 2: See also the note to section 64 (which deals with the effect of averaging arrangements).