Appendix 6 - Summary
of effects of Work Choice changes on employers
Incorporated
Employers
Award/
Agreement Coverage - Current
|
Effect of New Legislation
|
Employer entering into new Agreement
|
If Employer does nothing
|
State award
(common rule or single enterprise)
|
Deemed a transitional federal
agreement (Part 5A)
Terms except those below AFPCS and
prohibited content federally enforceable
3 year nominal expiry date (Part 5A)
|
Can be replaced by new federal
agreement before expiry date.
existing agreement cannot be varied
or extended. (part 5B)
|
Move to most appropriate federal
award after expiry date of transitional federal agreement.
AIRC to determine appropriate federal
award coverage.
|
State agreement
(eg NSW enterprise agreement)
|
Deemed a transitional federal
agreement
terms except prohibited content
federally enforceable
retain nominal expiry date (Sch
15)
|
Can be replaced by new federal
agreement before expiry date subject to Australian Fair Pay and Conditions
Standard (AFPCS)
existing agreement cannot be varied
or extended.
|
Continue in effect until replaced or
terminated but subject to AFPCS after nominal expiry date
|
Federal award
|
Continues to apply. 4 allowable
matters (jury service; superannuation; notice of termination and long service
leave) not able to be put into new awards or varied.
superannuation continues until
30/06/08 only
wages set by AFPC
annual, personal carers and parental
leave removed unless more generous than AFPCS (Part 6)
|
May enter collective or individual
agreement subject to AFPCS
some award conditions continue to
apply unless explicitly excluded by agreement
agreement lodged with OEA
agreement commences when lodged
(Part 5B)
|
Award continues to apply
|
Federal agreement
(Div 2 or 3 Certified Agreement; Australian WA)
|
Continues to apply and retains
current nominal expiry date.
Current terms apply
(Sch 14)
|
May enter new collective or
individual agreement subject to AFPCS
some award conditions continue to
apply unless explicitly excluded by agreement, eg personal leave
agreement lodged with OEA. Agreement
commences when lodged (Part 5B)
|
Agreement continues to apply after
nominal expiry date unless replaced or terminated
relevant conditions subject to AFPC
minimum
|
Award free
|
No change
may seek federal award coverage
|
May enter agreement subject to AFPCS
(Part 5A)
agreement lodged with OEA
agreement commences when lodged
|
Contract of employment continues to
apply
state and federal legislation
continue to apply
|
Unincorporated Employers
Award/Agreement
Coverage - Current
|
Effect
of New Legislation
|
Employer
entering into new Agreement
|
If
Employer does nothing
|
State
award (common rule or single enterprise)
|
No
change – state system continues to apply
|
Agreement
made under state rules
|
State
award continues to apply
|
State
agreement (eg NSW enterprise agreement)
|
No
change – state system continues to apply
|
Agreement
made under state rules
|
Agreement
continues in effect subject to state laws
|
Federal
award
|
Deemed
transitional award and allowable matters continue to apply (Part 6)
superannuation
continues until 30/06/08 only
AIRC
able to vary wages, allowances in transitional award having regard to AFPC
decisions
|
May
negotiate state agreement or decide to revert to state award(s)
may
apply to AIRC to be released from federal system if intractable industrial
dispute
|
Transitional
award expires and coverage reverts to state system
|
Federal
agreement (Div 3 CA)
|
Deemed
transitional agreement (Sch 13)
5 year
nominal expiry date
|
May
negotiate state agreement or decide to revert to state award(s). May apply to
AIRC to be released from federal system if intractable industrial dispute
|
Transitional
agreement expires and coverage reverts to state system
|
Award
free
|
No
change
|
May
enter state agreement subject to state rules
|
Contract
of employment continues to apply. State and federal legislation continues to
apply
|
Source: Dick Grozier, Director of Industrial
Relations, Australian Business Industrial, www.WorkplaceInfo.com.au, (provisions
of supplied by the Parliamentary Library
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