Section 197 — Fair Work Act 2009: Pieceworkers—enterprise agreement includes pieceworker term

Application of this section (1) This section applies if: (a) an enterprise agreement that covers an employee includes a term that defines or describes the employee as a pieceworker; and (b) a modern award that is in operation and covers the employee does not include such a term. No detriment test (2) The FWC must be satisfied that the effect of including such a term in the agreement is not detrimental to the employee in relation to the entitlements of the employee under the National Employment Standards.