An AWA is an individual written agreement between an employer and an employee that sets out terms and conditions of employment.
From Monday 27 March 2006, changes were made to the Workplace Relations Act 1996 (the WR Act).
AWAs are provided for under Part 8, Division 2 of the Workplace Relations Act 1996 (the WR Act), as amended by the Workplace Relations Amendment (WorkChoices) Act 2005.
Once an Australian workplace agreement starts to operate, it replaces any award or workplace agreement that would otherwise apply to the employee.
An Australian workplace agreement overrides employment conditions in state or territory laws, if the Australian workplace agreement mentions those conditions. However, an Australian workplace agreement cannot override state or territory laws which cover occupational health and safety, workers' compensation or training arrangements.
AWAs and the Australian Fair Pay and Conditions Standard
The Australian Fair Pay and Conditions Standard (the Standard) contains five minimum conditions. Where the conditions in your Australian workplace agreement or Collective agreement are less favourable than those in the Standard, the conditions in the Standard will apply.
The minimum conditions in the Standard are:
- a federal minimum wage, minimum award classification rates of pay, and casual loadings set by the Australian Fair Pay Commission;
- four weeks paid annual leave per year (five weeks for continuous shift employees) up to two weeks of which can be cashed out in a workplace agreement;
- ten days paid personal/carer’s leave and two days compassionate leave per year;
- up to 52 weeks unpaid parental leave (maternity, paternity and adoption); and
- maximum ordinary hours of work limited to 38 hours per week (which can be averaged over twelve months in an agreement or award) and reasonable additional hours.
The following is a link to the Australian Fair Pay and Conditions Standard fact sheet (PDF).
AWAs and your contract of employment
AWAs in the Australian Public Service (APS) cannot be used to change the tenure of employment for APS employees. APS employees are engaged under the Public Service Act 1999 and the provisions of that Act govern their tenure. AWAs simply provide an alternative voluntary mechanism for setting pay and relevant conditions of employment for APS employees for the period of operation of the AWA.
AWAs and their relationship to awards and the certified agreement
An AWA completely displaces any federal or State award or State agreement that would otherwise cover you. As APS employees, the relevant award that will be displaced is the Australian Public Service Award 1998.
Further, all of the department’s AWAs will operate to the exclusion of the certified agreement.
The Workplace Authority
The Workplace Authority's primary role is to accept lodgements of workplace agreements.
In doing this, the Workplace Authority provides free support and information to both employers and employees on agreement making. The Workplace Authority is also available to assist employers and employees understand the Australian Fair Pay and Conditions Standard.
An employer or employee can ask the Workplace Authority to check agreements before they are lodged to ensure that they do not contain prohibited content.
The Workplace Authority can explain the content of agreements in ways appropriate to an employee's specific needs including, for example, the circumstances of persons from a non-English speaking background and young persons.
You can contact the Workplace Infoline on 1300 363 264 between 8.00am - 8.00pm (Monday to Friday).
The following is a link to the Information Statement for Employees (Australian workplace agreements).