What are AWA's and ITEA's?
AWA’s are individual agreements which deal with the relationship between employers and employees. They may differ from modern awards, provided that a ‘fairness test’ is satisfied- that is, if compensation is provided in place of any excluded conditions. AWA’s are now being phased out however, due to the Workplace Relations Amendment (Forward with Fairness) Act 2009, prevents the making of future AWA’s. AWA’s made prior to the passing of this legislation will continue to operate. Until December 2009, employees previously using AWA’s were able to enter into ITEA’s (where a ‘no-disadvantage’ test must be passed as opposed to a ‘fairness test’).
What is the future of AWA's and ITEA's?
It appears that AWA's are being phased out and replaced with collective agreements, also known as enterprise agreements, which have been emphasised within the Fair Work Act 2009 (NSW). However, despite the emergence of enterprise agreements, pre-existing AWA’s and ITEA’s may continue unless terminated.
How can Prime Lawyers help you?
The employment law solicitors at Prime Lawyers are experienced in employment law and keep up to date with all changes in this area of law. Should you require any advice on your AWA as an employee or if you require advice when compiling an enterprise agreement to replace the AWA's in your workplace (as an employer), please call Prime Lawyers and any of our employment law solicitors will be happy to assist.