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Although the collective agreement itself is not enforceable, many of the terms negotiated will relate to pay, conditions, holidays, pensions and so on. These terms will be incorporated into an employee's contract of employment (whether or not the employee is a union member); and the contract of employment is, of course, enforceable.
The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts relies on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage (Simon, 1951).
This agreement alters some of the terms of an award or agreement and must leave the single employee "Better Off Overall" if signed. The power to make an IFA comes from the flexibility clause in the modern award. The Fair Work Act requires every Modern Award and Enterprise Agreement to include a "test flexibility clause".
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