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Workplace Authority and Workplace Ombudsman

The Workplace Authority accepts lodgment, variation and termination of collective agreements and AWAs. The Workplace Authority is also required to authorise any multiple business agreement prior to lodgment. The Workplace Authority must not disclose the identity of any party to an AWA. Since 7 May 2007, the Workplace Authority has had the additional responsibilities of applying the Fairness Test, providing information and advice and a pre-lodgement facility in relation to workplace agreements.

A monitoring role in relation to “prohibited content”, as defined by the law, is given to the Workplace Authority, who has the power to remove any terms or clauses that include that content from agreements. Prohibited matters are those related to union support, the provision of remedies for unfair dismissal, discriminatory terms and matters not related to the employment relationship.

The process of approving and filing the AWAs is not public and there is no requirement in the Workplace Relations Act 1996 (Cth) for the Workplace Authority to provide reasons for his or her decision.

In addition to lodging agreements, the Workplace Authority also provides advice to both employers and employees about their rights and obligations under the Act in relation to agreements.

Generally, the observance of workplace agreements is left to the parties themselves. Any active policing of agreements has been shifted to the Workplace Ombudsman who is responsible for ensuring employers comply with their legal obligations by, for example, conducting random audits of employers.

Workplace Authority and Workplace Ombudsman  :  Last Revised: Fri Aug 10th 2007




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