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 2006 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 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.
Individual Transitional Employment Agreements (ITEAs)
ITEAs could be made and lodged by certain employers and employees on or before 31 December 2009. After 31 December 2009, ITEAs can no longer be made.
ITEAs must be lodged with the Workplace Authority and will be subject to the no-disadvantage test.
There are rules about the making, content and lodgement that apply to ITEAs.
Workplace agreements (AWAs)
AWAs could only be made before 27 March 2008 and were lodged with the Workplace Authority.
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 and the national system
New South Wales, Queensland, South Australia and Tasmania have referred certain workplace relations matters to the Commonwealth. These referrals take 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 agreements are called Division 2B State employment agreements.