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Not sure about your rights at work? - Ask Neale


question

What are Australian Workplace Agreements?

Henry, Ballarat


answer

Australian Workplace Agreements, or AWAs, are individual agreements made between employers and employees in the Federal jurisdiction. Like enterprise agreements, AWAs override award conditions (with the same exceptions as certified agreements), but they are the only types of agreements that can reduce your pay and conditions.

You cannot be forced to sign an AWA and you cannot be fired or discriminated against for refusing to sign an AWA. Unions can be brought in by individual employees as 'bargaining agents'. It is illegal for your employer to stop you appointing a union as your bargaining agent and it is illegal for them refuse to negotiate with your union once you have appointed them. If you are an existing employee you are allowed 14 days to consider signing an AWA and 5 days if you are a new employee.

It is illegal for your employer to offer you an AWA unless they: explain the effects of the agreement; make sure the agreement contains the required anti-discrimination provisions; give you an information statement, produced by the Employment Advocate, about issues surrounding AWAs; and offer you a similar agreement to those which have been offered to other employees in your workplace who are doing the same type of work.

A union can ensure that the AWA does not discriminate against you in any way and does not take away any of your rights. If you are offered an AWA you are strongly advised to contact your union for advice.



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Disclaimer

Ask Neale is a free advice service provided by the New South Wales Labor Council. Whilst all care and due diligence has been taken in preparing this advice, the NSW Labor Council cannot accept any responsibility for any actions or outcomes users may make from viewing this advice.



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