Section 278 — Fair Work Act 2009: Interaction of a workplace determination with enterprise agreements etc.

Interaction with an earlier enterprise agreement (1A) If: (a) an enterprise agreement applies to an employee in relation to particular employment; and (b) a workplace determination that covers the employee in relation to the same employment comes into operation; the enterprise agreement ceases to apply to the employee in relation to that employment, and can never so apply again. Interaction with a later enterprise agreement (1) If: (a) a workplace determination applies to an employee in relation to particular employment; and (b) an enterprise agreement that covers the employee in relation to the same employment comes into operation; the determination ceases to apply to the employee in relation to that employment, and can never so apply again. Interaction with another workplace determination (2) If: (a) a workplace determination (the earlier determination) applies to an employee in relation to particular employment; and (b) another workplace determination (the later determination) that covers the employee in relation to the same employment comes into operation; the earlier determination ceases to apply to the employee in relation to that employment when the later determination comes into operation, and can never so apply again.