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The incoming Rudd Government has
announced that a transition bill addressing a ban on
new AWAs, defining its 10 minimum employment standards
and award simplification process will be introduced
in the first sitting of the new parliament next year,
with legislation for Labor's full workplace policy
to become effective from 1 January 2010, to be later
introduced. The first sitting day next year for both
houses is 26 February 2008.
The transition bill will be based on the
incoming Government’s implementation plan. The
implementation plan provides that AWAs made before the
bill's commencement date will apply for their full term
which may only be terminated in line with current rules
by 90 days’ notice after the AWA expiry date.
The implementation plan will allow employers
currently using AWAs to instead use Individual Transitional
Employment Agreements (ITEAS), subject to the following
criteria:
(i) they expire by 31 December 2009;
(ii) they do not disadvantage employees
against an applicable collective agreement, award or
the Fair Pay and Conditions Standard; and
(iii) they ensure future movements in
minimum wages are passed on.
If an AWA is terminated and no new agreement
is reached, then the employee would return to a relevant
award, collective agreement or the AFPCS.
The transition bill is also proposed to
define the 10 minimum employment standards, to become
effective from 1 January 2010.
New simplified awards also to be addressed
in the transition bill are planned to apply from the
start of 2010.
For additional information on other proposed
Industrial Relations changes by the new Labor government,
please see our previous
article on our Archive page.
To discuss or find out more about these
proposed changes, please contact Andrew Bland at abland@blandslaw.com.au
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