Section 205A — Fair Work Act 2009: Enterprise agreements to include a delegates’ rights term etc.

(1) An enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. Note: Delegates’ rights term is defined in section 12. When modern award term prevails (2) However, if, when the agreement is approved, the delegates’ rights term is less favourable than the delegates’ rights term in one or more modern awards that cover the workplace delegates: (a) the term in the enterprise agreement has no effect; and (b) the most favourable term of those in the modern awards, as determined by the FWC, is taken to be a term of the enterprise agreement. (3) To avoid doubt, if the delegates’ rights term of a modern award is taken to be a term of an enterprise agreement, the term does not change if the modern award changes.