Award and enterprise agreement free employees

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S.129 of the Fair Work Act permits regulations to be made which permit employers and employees who are award or enterprise agreement free to agree on matters which would otherwise contravene the National Employment Standards and to prohibit the making of such agreement which might otherwise be permitted by the NES. Not surprisingly no regulations about the latter have been made but regulation 2.03 allows such parties to agree to the provision of (a) extra annual leave in exchange for foregoing an equivalent amount of pay; and (b) extra personal or carer’s leave in exchange for foregoing an equivalent amount of pay.