Agreements
What's an agreement?
Agreements set out the conditions of employment between: an employee or group of employees their employer.
From 1 January 2010, only enterprise agreements can be made between employees and employers.
Other types of agreements made previously under the Workplace Relations Act 1996 cover the conditions of individual employees, or a group of employees. These include: collective agreements
AWAs (Australian Workplace Agreements)
ITEAs (Individual Transitional Employment Agreements).
Those agreements made prior to 1 January 2010 will continue on until they are terminated or replaced.
Enterprise agreements
Enterprise agreements can be made by an employer with a group of employees, or by more than 1 employer with groups of employees.
Enterprise agreements can also be made by 1 or more employers and 1 or more unions for a genuine new enterprise before any employees that would be covered by the agreement are employed (these are called greenfields agreements).
Agreements made prior to 1 January 2010
All ITEAs, AWAs and collective agreements lodged before 31 December 2009 will continue to operate until they are terminated or replaced.
ITEAs and AWAs can no longer be made.
Collective agreements
Collective agreements made before 27 March 2006 were called certified agreements and were lodged with the Australian Industrial Relations Commission. Collective agreements made after 27 March 2006 were lodged with the Workplace Authority.
State agreements & the national system
New South Wales, Queensland, South Australia and Tasmania have referred certain workplace relations matters to the Commonwealth. These referrals took effect on 1 January 2010.
State employment agreements that are in operation under a law of one of these States before 1 January 2010 will move into the national workplace relations system as a result of this referral. The agreements will continue to operate until they are terminated or replaced. These state