AGREEMENTS

Regis Industrial Relations is qualified to assist you drafting and registering your Australian Workplace Agreement or Employer-Employee Agreement. We are also qualified Bargaining Agents in this area of Industrial Relations.

The following serves only as a basic information guide. If you require to know more then please feel free to contact us.

What is a Workplace Agreement?
 An Australian Workplace Agreement (AWA) is an individual written agreement between you and your employer that sets out  the terms and conditions of your employment.

Workplace Agreements cover the employment conditions of an individual employee or a group of employees. Potentially such documents can include a broader range of matters than awards and, when in place, take precedence over award provisions that would otherwise apply. Individual agreements, also known as Australian Workplace Agreements or AWAs, have since their introduction in 1997 primarily been the responsibility of the Office of the Employment Advocate, while collective agreements, or certified agreements, were the responsibility of the Australian Industrial Relations Commission (the Commission).

Under changes introduced by the Work Choices legislation, however, the approval of both individual and collective federal agreements became the responsibility of the Office of  the Employment Advocate.

The conditions in the Australian Fair Pay and Conditions Standard (the Standard) will apply, if the conditions in the Australian Workplace Agreement are less favourable to the employee. The Standard contains five minimum conditions. Additionally, certain protected award conditions are included in the Australian Workplace Agreement, unless the agreement specifically excludes or changes these protected award conditions. 

You do not have to sign an Australian Workplace Agreement. However, under the law, if you are a new employee, your employer can make the offer of a job conditional on signing an Australian Workplace Agreement.

Who can make a Workplace Agreement?

Under the Workplace Relations Act 1996 only certain employers and employees are eligible to make a valid Workplace Agreement. The employer must be a constitutional corporation i.e registered company such as Pty Ltd

Will my present Award Conditions be protected?
Certain conditions of employment will be protected when employees become subject to Workplace Agreements under Work Choices. Employees will become subject to those agreements either by making or approving a Workplace Agreement with an employer, or by taking up employment that is covered by a workplace agreement. These conditions are called ‘protected award conditions’ and will be automatically become part of a Workplace Agreement unless they are expressly excluded or modified

Workplace agreement to include dispute settlement procedures
A Workplace Agreement must include procedures for settling disputes (dispute settlement procedures) about matters arising under the agreement between: (a)  the employer; and b)  the employees whose employment will be subject to the agreement.(2)  If a workplace agreement does not include dispute settlement procedures, the agreement is taken to include the model dispute resolution process contained in Workplace Relations Act 1996

Prohibited Content. The Regulations list matters that may be prohibited from being included in a Work Place Agreement and if they are the Agreement is declared void.    

Employer-Employee Agreement (EEA)

What is an Employer-Employee Agreement (EEA)?
It is an agreement between an employee and employer which covers employment conditions. The agreement is legally binding covering employment conditions. The agreement is registered by the Registrar of the West Australian Industrial Relations Commission.

No Disadvantage Test
The EEA prior to registering must pass what is known as the "no disadvantage test" This simply means the EEA must have provisions that are not less comparable than the Award so there is no disadvantage to either the employee or employer.

What Effect Does Signing an EEA Have?
When the EEA is signed and registered provisions of any relevant award which includes an award that comes into operation after the EEA is registered do not apply unless the EEA contains such provisions for them to do so.An EEA forms part of the ordinary common law contract of employment, but any provisions less favourable than those prescribed in the Minimum Conditions of Employment Act have no effect.

When can an EEA be Made?
Employers and employees can make an EEA in any employee-employer situation in Western Australia, whether an award applies or not. An EEA cannot be made if an industrial agreement (an Enterprise Bargaining Agreement EBA) applies, including an EBA that has passed its term but continues in effect, or the employment is covered by federal arrangements. 

Are EEA'S Compulsory or Voluntary?
EEAs are voluntary. Employees cannot be required to sign an EEA to gain employment, be transferred or promoted, or continue in employment.   

Can an EEA be Varied?
An EEA cannot be varied however it may be cancelled at any time. To cancel an EEA it must be in writing and employer and employee must both agree.

Dispute Resolution Clause
EEA's must contain dispute resolution clauses to deal with any question, dispute or difficulty that arises in the course of employment under the EEA.  The dispute settlement procedure must nominate an arbitrator, or allow for an arbitrator to be nominated who is empowered to resolve the dispute.  The arbitrator can be the West Australian Industrial Relations Commission.

Commencement and Expiry
For a new employee, an EEA can commence on the day employment starts even before it is registered, but it must be lodged for registration within 21 days of signing in order to remain in effect. For existing employees, an EEA does not take effect until the day after the day the EEA is registered, unless the EEA has a later date.  The EEA must specify clearly an expiry date (maximum 3 years). 

Let Regis Industrial Relations take the worry from you in regard to Australian Workplace Agreements or Employer Employee Agreements giving you full peace of mind that you AWA or EEA and any dispute that may arise is being professionally handled.