Information Technology
Home > Information Technology > Compulsory Units > Work effectivley in an IT environment > Work effectively in an IT environment
Awards and agreements
The fair work system
This is a new national workplace system started on 1 July 2009 and was created by the Fair Work Act 2009. It covers the majority of workplaces in Australia.
From 1 January 2010, sole traders, partnerships, other unincorporated entities and non-trading corporations in New South Wales, Queensland, South Australia and Tasmania are covered by the national system rather than their own specific state system. Employers that were already operating under the national system continue to be covered (e.g. Pty Ltd businesses and employers in the ACT, NT and Victoria).
There are special transitional rules for employers in these states to transition them into the national system:
- State awards generally continue to apply under the national system for 12 months (until 1 January 2011)
- State employment agreements continue to operate under the national system until terminated or replaced.
However, state awards and state employment agreements operate alongside the National Employment Standards (NES) and their relevant minimum wage. This means that employees covered by a state award or state agreement must receive at least the minimum entitlements in the NES and their relevant minimum wage.
From 1 January 2010, if you fall under the national workplace relations system, you will be covered by the NES. You may also be covered by a modern award, a pre-modern award or an agreement, or some other type of instrument (i.e. a state award or state employment agreement for employees moving into the national workplace relations system).
Modern awards
Modern awards are industry or occupation-based minimum employment standards which apply in addition to the National Employment Standards. They were created to establish one set of minimum conditions for employers and employees across Australia who work in the same industries and occupations.
On 1 January 2010 modern awards replaced thousands of federal and state-based awards (pre-modern awards). They cover most workplaces. The commencement of modern awards means that there have been changes to minimum terms and conditions for many employees. The changes vary by state, industry and employer.
Agreements
Agreements set out the conditions of employment for a particular employee or group of employees in their workplace. Agreements differ from contracts of employment or common law agreements, in that they have been lodged with or approved by a relevant authority.
Employers and employees in the national system may have the following types of agreements:
- enterprise agreements - these agreements can be made from 1 July 2009 and set out conditions of employment for a group of employees at one or more workplaces
- agreement based transitional instruments - these are agreements made before 1 January 2010, between an employer and either an individual employee or a group of employees
- State employment agreements - these are agreements made in NSW, SA, QLD or TAS under the applicable State system prior to 1 January 2010.
Modern awards generally do not apply to an employer and employee while they have an agreement in place. However the base rate of pay under an agreement must not be less than the base rate of pay under the relevant modern award. If there is no modern award that covers the employees the agreement rate must be at least equal to the national minimum wage. Terms in a modern award about outworker conditions will also apply to parties covered by an agreement.
The following website will give you the latest information on awards and agreements. http://www.fairwork.gov.au/Pages/default.aspx 
Back to Important Notes
Back to Work effectively in an IT environment
|