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 new enterprise before any employees that would be covered by the agreement are employed (these are called greenfields agreements).
Certain types of employers who want to bargain together to make a single enterprise agreement must apply to Fair Work Australia for a single interest employer authorisation. Some employers will require a declaration from the Minister for Employment and Workplace Relations before they can do this.
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) and Australian workplace agreements (AWAs)
ITEAs and AWAs can no longer be made or lodged.
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
On 1 January 2010, New South Wales, Queensland, South Australia and Tasmania referred certain workplace relations matters to the Commonwealth.
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.