Section 196 — Fair Work Act 2009: Shiftworkers

Application of this section (1) This section applies if: (a) an employee is covered by an enterprise agreement; and (b) a modern award that is in operation and covers the employee defines or describes the employee as a shiftworker for the purposes of the National Employment Standards. Shiftworkers and the National Employment Standards (2) The FWC must be satisfied that the agreement defines or describes the employee as a shiftworker for the purposes of the National Employment Standards. Note: Section 87 provides an employee with an entitlement to 5 weeks of paid annual leave if an enterprise agreement that applies to the employee defines or describes the employee as a shiftworker for the purposes of the National Employment Standards.