Watch this space: Electrolux and AWAs

News

Watch this space: Electrolux and AWAs

The Electrolux decision which limits federal certified agreements to covering matters that are 'employment related' may equally apply to Australian Workplace Agreements (AWAs), federal industrial legislation suggests.

WantToReadMore

Get unlimited access to all of our content.


The Electrolux decision which limits federal certified agreements to covering matters that are 'employment related' may equally apply to Australian Workplace Agreements (AWAs), federal industrial legislation suggests.

Industry experts have commented that AWAs are registered instruments and it follows that the same regime applies to these instruments.

Section 170VF of the 'Workplace Relations Act 1996 (Employer and employee may make an AWA) states:

‘(1) An employer and employee may make a written agreement, called an Australian Workplace Agreement, that deals with matters pertaining to the relationship between an employer and employee…'

The words 'Matters pertaining to the relationship between an employer and employee' were the key words interpreted by the High Court in the Electrolux decision. These same words are included here and mean that the extent of permissible coverage by AWAs would be similar to that of certified agreements – that is, employment related matters.

Related

Federal enterprise bargaining dispute issues limited by High Court
 
Electrolux saga: 'employment related' being explored
 
Impact of Electrolux – what's employment related and what's not?
 
 

Post details