FEDERAL INDUSTRIAL RELATIONS LAW

This section provides an overview of the various work arrangements that can occur between employees and employers under the Federal Workplace Relations Act 1996 (Cth). This Act has brought about significant changes to the laws governing the workplace when it was first introduced in 1996. For instance, it provided for Australian Workplace Agreements (AWAs), which are special statutory agreements between employees and individual employees. Under the Act groups of employees may also negotiate a collective agreement (CA) directly or through their union. The ‘Work Choices’ amendments were incorporated into the Workplace Relations Act 1996 (Cth) after 27 March 2006 and made even more drastic changes to the law.

The Federal Government has pledged to repeal Work Choices and has introduced the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 as the first step in this process. The Act makes changes to the framework for workplace agreements and starts the process of award modernisation. These make many changes to the Workplace Relations Act 1996 including to :

prevent the making of newAustralian Workplace Agreements (AWAs) after the 28 March 2008 (AWAs made and lodged before the commencement date, or made before commencment and lodged within 14 days after that date, will continue to operate until terminated or replaced);
create a new type of instrument Individual Transitional Employment Agreements (ITEAs) ;
replace the "fairness test" with a "no disadvantage test" for Individual Transitional Employment Agreements (ITEA)s and AWAs;
repeal of the provision requiring Workplace Authority Director to issue a document called the Workplace Relations Fact Sheet and requiring employers to provide a copy of that document to their employees;
remove the concept of "protected award conditions" as the whole award is used as the basis for the no-disadvantage test
provide for transitional arrangements for AWAs and collective agreements made before the commencement date to continue in operation under most current rules.