Section 57A — Fair Work Act 2009: Designated outworker terms of a modern award continue to apply

(1) This section applies if, at a particular time: (a) an enterprise agreement applies to an employer; and (b) a modern award covers the employer (whether the modern award covers the employer in the employer’s capacity as an employer or an outworker entity); and (c) the modern award includes one or more designated outworker terms. (2) Despite section 57, the designated outworker terms of the modern award apply at that time to the following: (a) the employer; (b) each employee who is both: (i) a person to whom the enterprise agreement applies; and (ii) a person who is covered by the modern award; (c) each employee organisation that is covered by the modern award. (3) To avoid doubt: (a) designated outworker terms of a modern award can apply to an employer under subsection (2) even if none of the employees of the employer is an outworker; and (b) to the extent to which designated outworker terms of a modern award apply to an employer, an employee or an employee organisation because of subsection (2), the modern award applies to the employer, employee or organisation.