Introduction
This article explains how the Workplace Relations Act affects businesses. It will be useful reading to all employers and employees alike.
The Act remains the most important piece of Australian employment legislation and along with its amendments and associated regulations, provides the framework for all Australian employment law. It is therefore critical that all employers understand that basic provisions and how it affects the mepl0yer / employee relationship.
We have a number of other employment related articles. There are links at the end of this article.
The rights mentioned below are statutory rights and apply irrespective of an employment contract, workplace agreement or otherwise.
The role of the Act
The Act provides a framework in which employers can regulate their relationship with employees. It provides increased flexibility, whilst providing a safety net for all parties in the fomr of six set ‘agreements’, as well as set (reviewed by State, annually) minimum wages, minimum conditions of employment, anjti discrimination goals etc. These aim to assist employees to balance their work and family lives.
Individual contract, AWA or CA?
There are a number of statutory minimum standards. Anything over and above these minimums is acceptable. It is therefore possible for an employer to create an individual contract of employment which can be negotiated between the parties. This allows maximum flexibility, innovative, entrepreneurship and creativity.
An AWA, while signed separately by each employee, usually refers collectively to a group of employees. An AWA must be approved before it can be used effectively. A CA or certified agreement is usually created with the help of a union. It allows collective bargaining power to provide maximum rights to employees.
Provisions in an employment contract
Here is a list of provisions within a contract that are governed by statute. Whatever type of contract you choose, you should be sure to include the following:
- Piece rates, tallies and bonuses
- Long service leave
- Rates of pay
- Ordinary hours of work, overtime requirements etc
- Personal carer’s leave, family leave, bereavement leave etc
- Allowances
- Public holidays
- Loadings for casual work, shirt work or overtime
- Redundancy pay and notice of termination
- Superannuation
- Jury service
- Stand-down provisions
Here are some provisions you or your employee might like to include and negotiate between yourselves:
- authorised stop work meetings
- clothing
- disciplinary matters
- occupational health and safety
- study leave
How to get an AWA approved
An AWA must be approved by the Employment Advocate before it can be used. First, the EA must check that it meets the reasonable test. Simply, this means that:
- it includes an anti-discrimination clause
- does not include a provision which prohibit or restrict one party from disclosing information about the AWA to a third party;
- the employer provided a copy of the AWA to their employee within 7 days of signing it.
- The employer explained the effect of the AWA to the employee
- The employee genuinely consented to the making of the AWA
Terminating an AWA
An employer and employee may at any time; sign an agreement o terminate an AWA. Unless this happens, or a new agreement is effected, or the employee applies to have it terminated, the AWA will continue. | 
