Section 136 — Fair Work Act 2009: What can be included in modern awards

Terms that may or must be included (1) A modern award must only include terms that are permitted or required by: (a) Subdivision B (which deals with terms that may be included in modern awards); or (b) Subdivision C (which deals with terms that must be included in modern awards); or (c) section 55 (which deals with interaction between the National Employment Standards and a modern award or enterprise agreement); or (d) Part 2-2 (which deals with the National Employment Standards). Note 1: Subsection 55(4) permits inclusion of terms that are ancillary or incidental to, or that supplement, the National Employment Standards. Note 2: Part 2-2 includes a number of provisions permitting inclusion of terms about particular matters. Terms that must not be included (2) A modern award must not include terms that contravene: (a) Subdivision D (which deals with terms that must not be included in modern awards); or (b) section 55 (which deals with the interaction between the National Employment Standards and a modern award or enterprise agreement). Note: The provisions referred to in subsection (2) limit the terms that can be included in modern awards under the provisions referred to in subsection (1).