Where a modern award containing outworker terms covers an employee, in deciding whether or not to approve an enterprise agreement, Fair Work Australia must be satisfied both of the following apply:
- the agreement includes terms dealing with the conditions of outworker employees
- those terms are not detrimental in comparison to the outworker terms in the modern award.
If Fair Work Australia considers that the outworker terms in the agreement are detrimental to the employee, then the agreement will not be approved.
Designated outworker terms in modern awards relating to outworkers in the textile, clothing or footwear industry also continue to apply when an enterprise agreement is in operation.
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