A State-based system where an individual agreement between the employee and employer that is underpinned by the no disadvantage test, which is currently being determined by the WA Industrial Relations Commission.
Enterprise Bargaining Agreement (EBA)
A State-based collective agreement that covers all workers and is negotiated by the employer and the union. Referred to as State Enterprise Bargaining or an Industrial Agreement.
Do nothing
Employees are bound by the industry award or, where no award is in place, the minimum conditions of employment
Federal system
Non-Union Certified Agreement
An employer develops an agreement and consults with staff. The employer must get 50 per cent plus one employee approval for the agreement to bind all employees, including new employees, for a period of three years. Employees must have 14 days’ notice and 14 days to consider the agreement, which can happen at the same time.
Union Certified Agreement
An employer develops an agreement and consults with staff and the union. The employer must get 50 per cent plus one employee approval for the agreement to bind all employees, including new employees, for a period of three years.
Australian Workplace Agreements
Individual agreements between the employer and the employee that are registered in the Federal jurisdiction but are bound by a no disadvantage test, which means an employee can not, overall, be worse off than the award. AWAs place greater restrictions on union right of entry than the State system. AWAs will also be private documents whereas the State EEAs will be public documents. A company must be a Pty Ltd company to be able to register an AWA. Existing staff members must have the agreement for 14 days and new staff for a review period of five days.
