Workplace Agreements

A contract of employment enters into force on the day of its registration (Article 347(1)). It expires if it is terminated in accordance with Part 8, Division 9 of the Act, if it is replaced by another AWA or if the Court annuls it (subsection 347(4)). Company agreements must meet the “Better Off Overall Test” (BOOT) in relation to the respective award. In reality, this means that the employee must be financially better off when entering into the agreement than he or she would have been under the indemnity. Company agreements must have an expiry date of not more than four years from the date of approval of the agreement by the Fair Labour Board. If there are protected bonus conditions that would apply to the employee, they are considered to be included in the company agreement, subject to the provisions of the company agreement that expressly exclude or modify them (Article 354(2)). These protected award conditions include (s354(4)): The labour movement viewed the AWA as an attempt to undermine the collective bargaining power of unions in negotiating the wages and living conditions of their members. Unions have argued that the ordinary worker himself has little or no bargaining power to effectively negotiate an agreement with an employer, so there is inherently unequal bargaining power for the contract. For exceptional people in a workplace or industries with labour shortages, the labour movement argues that common law contracts are sufficient. They also believe that while commercial and customary law ensure fairness and equality of bargaining power, AWA are designed to solidify the inequality between an employer and its workforce in terms of compensation and conditions. CUTA`s policy was that AWA should be abolished and that the bargaining system should include collective bargaining rights. [8] In the federal system, there are three types of company agreements: there are different types of company agreements.

These include federal labor laws on enterprise contracts that have changed several times in recent years. Prior to the entry into force of the Workchoices Laws in March 2006, company agreements were called Certified Agreements and Australian Workplace Agreements or AWAs. The Fair Work Commission publishes company agreements on this website.