Section 253 — Fair Work Act 2009: Terms of an enterprise agreement that are of no effect

(1) A term of an enterprise agreement has no effect to the extent that: (a) it is not a term about a permitted matter; or (b) it is an unlawful term; or (c) it is a designated outworker term. Note 1: A term of an enterprise agreement has no effect to the extent that it contravenes section 55 (see section 56). Note 2: Certain terms of enterprise agreements relating to deductions, or requiring employees to spend or pay amounts, have no effect (see section 326). (2) However, if an enterprise agreement includes a term that has no effect because of subsection (1), or section 56 or 326, the inclusion of the term does not prevent the agreement from being an enterprise agreement.