Section 58 — Fair Work Act 2009: Only one enterprise agreement can apply to an employee

Only one enterprise agreement can apply to an employee (1) Only one enterprise agreement can apply to an employee at a particular time. General rule—later agreement does not apply until earlier agreement passes its nominal expiry date (2) If: (a) an enterprise agreement (the earlier agreement) applies to an employee in relation to particular employment; and (b) another enterprise agreement (the later agreement) that covers the employee in relation to the same employment comes into operation; and (c) subsections (3), (4) and (5) do not apply; then: (d) if the earlier agreement has not passed its nominal expiry date: (i) the later agreement cannot apply to the employee in relation to that employment until the earlier agreement passes its nominal expiry date; and (ii) the earlier agreement ceases to apply to the employee in relation to that employment when the earlier agreement passes its nominal expiry date, and can never so apply again; or (e) if the earlier agreement has passed its nominal expiry date—the earlier agreement ceases to apply to the employee when the later agreement comes into operation, and can never so apply again. Special rule—supported bargaining agreement replaces single-enterprise agreement (3) If: (a) a single-enterprise agreement applies to an employee in relation to particular employment; and (b) a supported bargaining agreement that covers the employee in relation to the same employment comes into operation; the single-enterprise agreement ceases to apply to the employee when the supported bargaining agreement comes into operation, and can never so apply again. Special rule—single-enterprise agreement replaces single interest employer agreement (4) If: (a) a single interest employer agreement applies to an employee in relation to particular employment; and (b) a single-enterprise agreement that covers the employee in relation to the same employment comes into operation; the single interest employer agreement ceases to apply to the employee when the single-enterprise agreement comes into operation, and can never so apply again. Special rule—single-enterprise agreement replaces supported bargaining agreement (5) If: (a) a supported bargaining agreement applies to an employee in relation to particular employment; and (b) a single-enterprise agreement that covers the employee in relation to the same employment comes into operation; the supported bargaining agreement ceases to apply to the employee when the single-enterprise agreement comes into operation, and can never so apply again.