Individual workplace agreements end in WA

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Individual workplace agreements end in WA

Individual workplace agreements in WA have been phased out, completing the process that commenced over a year ago.

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Individual workplace agreements in WA have been phased out, completing the process that commenced over a year ago.

The agreements ended on 15 September, 2003.

On completion of its term or by prior consent cancellation, eachworkplace agreement was to be replaced by an Employer Employee Agreement, an industrial agreement (EBA), or award conditions (in the form of an enterprise order). In the absence of any of these three instruments, the terms and conditions of the expired WPA are to become the terms of an common law contract.

Parties to an EBA are a union or unions and a single employer, a group of employers or an employer association. An agreement may apply to a single enterprise or multiple enterprises. 

A workplace could have certain employees bound by a collective agreement, while others remain under the relevant award.

The WAIRCcan arbitrate an enterprise order where a bargaining period has ended or a party has refused to commence bargaining. An enterprise order is enforceable as if it were an award. The terms and conditions of an enterprise order prevail over any other award or EBA.

EEAs are written agreements between employers and individual employees covering an employee’s pay and conditions. They are individual employment agreements and replace the provisions of any award unless the EEA provides for them to continue to apply. They have to be registered by the Registrar of the WAIRC and are voluntary.  They will not be registered unless they pass a no-disadvantage test ensuring that the employee is not worse off in relation to a relevant award and they have a maximum three-year term.

For more information go to the WA Department of Consumer and Employment Protection website.

 

 

  

 
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