Contains issues that may form the basis of a jurisdictional issue
See Fair Work Act 2009 s.52
An enterprise agreement covers an employee if it is expressed to do so.
Many enterprise agreements contain a coverage clause that specifies the parties who are bound by that instrument.
You can search for an agreement by visiting the Agreements page on our website.
An enterprise agreement applies to an employee if:
See Fair Work Act s.51
The effect of an agreement applying to a person is that it confers entitlements and imposes obligations on them.
A provision of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) extends the reference of ‘enterprise agreement’ in section 382 of the Fair Work Act to include an agreement-based transitional instrument.
An individual agreement such as an Australian Workplace Agreement (AWA) or Individual Transitional Enterprise Agreement (ITEA) is an agreement-based transitional instrument.
If the work performed by a person is provided for in an enterprise agreement or agreement-based transitional instrument, then the person can have an annual rate of earnings of more than the high income threshold and still be within the jurisdiction of the Fair Work Commission.
For information about enterprise agreement coverage, contact the Fair Work Ombudsman on 13 13 94 or visit the Agreements page on the Fair Work Ombudsman's website.