Section 21 — Fair Work Act 2009: Meaning of pieceworker

(1) A pieceworker is: (a) a national system employee to whom a modern award applies and who is defined or described in the award as a pieceworker; or (b) a national system employee to whom an enterprise agreement applies and who is defined or described in the agreement as a pieceworker; or (c) an award/agreement free employee who is in a class of employees prescribed by the regulations as pieceworkers. Note: Sections 197 and 198 affect whether the FWC may approve an enterprise agreement covering a national system employee that includes a term that: (a) defines or describes the employee as a pieceworker, if the employee is covered by a modern award that is in operation and does not include such a term; or (b) does not define or describe the employee as a pieceworker, if the employee is covered by a modern award that is in operation and includes such a term. (2) Without limiting the way in which a class may be described for the purposes of paragraph (1)(c), the class may be described by reference to one or more of the following: (a) a particular industry or part of an industry; (b) a particular kind of work; (c) a particular type of employment.