s50: s 50 Comply with every term of an applicable enterprise agreement
A person to whom an enterprise agreement applies does not contravene any of its terms. The agreement applies when it is in operation and covers the employee and employer; it replaces the modern award for that employment while it applies (s 57).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s50. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Register of enterprise agreements in operation with coverage, nominal expiry date and FWC approval reference; Payroll configuration evidence showing agreement rates and allowances implemented, including scheduled increases; Compliance review of rostering, consultation and dispute clauses in the agreement
What usually goes missing
Scheduled agreement pay increases missed; Agreement assumed to apply to classifications it does not cover; Agreement past nominal expiry treated as lapsed although it continues to operate
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.