Industry Wide Awards, Collective Agreements & Individual Agreements

Industry Wide Awards

Legislation allowed for awards to be superseded as new enterprise agreements were negotiated. Awards still apply to businesses in the same industry that have not developed such as agreement. The process of enterprise bargaining has provided the opportunity for employees to gain employment conditions that improve on these minimum standards.

WHAT DO AWARDS INCLUDE?

  • The 10 National Employment Standards
  • Minimum wages, including disability and training wages
  • Types of employment such as full time, part time, outworker
  • Arrangements for the hours during which work is performed
  • Annualized wages and salaries

Collective Agreements

A collective agreement, also called an enterprise agreement may be made between an employer and a union, acting on the behalf of its employees, or between the employers and a group representing the majority of its employees. There is an expectation that parties enter negotiation with good faith.

Enterprise Agreements must include:

  • 10 National Employment Standards
  • Nominal expiry date
  • Procedures for settling any disputes that might arise in the implementation of the agreement, including the right of employees to be represented in dispute resolution.
  • Terms that allow for individual flexibility, so that arrangements an be made between the employer and individual employees
  • Provision for consultation with employees on major workplace change.

Once negotiations have concluded, the agreements is submitted to Fair Work Australia, to ensure that:

  • Genuine evidence both parties agree
  • Majority of employees were consulted
  • Employees are better off than being covered by an award and consistent with National employment standards
  • No unlawful content

Individual Agreements

Individual Common Law Employment Contracts are enforceable through the courts and specific to the employee of an organisation. The Individual Common Law Employment Contracts must also conform with the existing awards.