Inv. contracts. AWAs, EBAs, Collective agreements, awards?! strong confusion.

[Dranoel523]

Just having a bit of trouble defining all these from what i gather

Awards - minimum working conditions and pay for a industry. More of a centralized approach, in De-centralized system they act as safety net.

AWAs - ?? Illegal as off 2008. ITEAs were devolped for any existing AWAs. Can be either individual or collective workplace agreements (am correct?)

Indv. contracts - For senior management or specialized positions. Between one employer and employee. And are still currently legal, no-disadvantage test means inv. contracts cannot fallow below awards.

Collective agreements - ?? Between employees and employer. Is this at an industry level or enterprise?

enterprise bargaining agreement - no idea at all. My guess is the legal document which outlines the awards for an industry?

Aren't all employees on an indv. contract? Mum and dad both work jobs that are not management nor specialized but their contract is between employee and employer.

[RossiJ]

Industry wide awards
An award is an enforceable document containing minimum terms and conditions of employment in addition to any legislated terms.
An award applies to employees in a particular industry (or occupation) and is used as the benchmark for assessing enterprise agreements before approval.
Third parties (such as unions) will represent employees during the negotiation process with employers and/or their representatives.
FWA has responsibility for making and verifying these awards (they may conciliate when required and ratify awards)

Enterprise bargaining agreements/Collective agreements
Enterprise agreements are contracts made at an enterprise level between employers and employees about terms and conditions of employment.
Cannot provide lesser entitlements than those contained in an award
Enterprise agreements can include a broad range of matters such as:
- Rates of pay
- Employment conditions
- Dispute resolution procedure
FWA can assist in the process of making these agreements and they must approve of agreements
Benefit – Awards cover a whole industry and can only provide a safety net of minim pay rates and employment conditions. Whereas enterprise agreements can be tailored to meet the needs of particular enterprises. This in turn helps support organisational objectives (i.e. increase productivity levels ect).

Individual common law contracts
Common law contracts are written documents made at an enterprise level between employers and employees about terms and conditions of employment. Common law contracts occur when conditions of employment and the rate of pay are negotiated between the employee and employer.
Must be registered with any industrial court
Cannot provide lesser entitlements than those contained in an award or agreement
Contracts are typically linked to productivity levels and other organisational objectives (suitable for senior management)
As of 2008, no new Australian Workplace Agreements can be established, but existing ones are still legally binding

(c) - my notes

[RossiJ]

Industry wide awards - Min pay and working conditions for every employee within an industry
EBAs/CAs - Pay and working conditions for every employee AT AN ORGANISATION i.e. Qantas
ICLCs - Pay and working conditions for an INDIVIDUAL employee ---- usually for senior managers as they are paid more than regular employees ect

hope that helped?