Last updated August 2023
This chapter outlines how the Fair Work Act 2009 (Cth), modern awards and enterprise agreements can affect the operation of your employment contracts.
How the FW Act interacts with employment contracts
The Fair Work Act 2009 (Cth) (FW Act) is relevant to employment contracts in relation to:
- employees’ access to rights and entitlements;
- paying monies owed; and
- contracting out of a provision under a modern award or the National Employment Standards (NES).
The FW Act does not:
- impose any requirements on an employment contract; or
- form part of an employment contract (unless a term of the contract expressly incorporates it).
“You are entitled to the annual leave provisions in the NES of the FW Act. These NES terms do not form part of this employment contract.”
An employment contract may be governed by the FW Act, or an applicable modern award or enterprise agreement in respect of certain employment matters. This doesn’t mean the content of the FW Act or the award or enterprise agreement forms part of the employment contract.