Certified agreements can be made for employees in the same workplace and engaged in similar types of work. The agreement can cover some or all of your employment conditions and for the Agreement to be approved by the Commission, it must pass the 'no-disadvantage' test. This means that, overall, your employment conditions may not be reduced.
The terms of the agreement override award conditions relating to similar issues, although they must comply with certain conditions in State awards, such as occupational health and safety provisions. Your union can assist you in bargaining for your certified agreement. It is illegal for your employer to: stop you being represented by a union; refuse to negotiate with a union acting on your behalf; and discriminate against you for being a union member.
Like NSW enterprise agreements, even if you do not want to be a party to a certified agreement, you will still be covered if a valid majority of the employees concerned approve the agreement in a secret ballot.
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