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

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