ARTICLE · 15 APRIL 2008

Workplace Relations Update

Gadens Lawyers

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The Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (Act) was passed through Parliament on 19 March 2008 and to took effect from 28 March 2008. Employers and employees will no longer be able to make AWAs however are able to continue to make employee collective agreements, union collective agreements, union collective greenfield agreements and employer greenfield agreements, but these agreements will be subject to the new no disadvantage test.

AustraliaEmployment and HR

Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008

The Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (Act) was passed through Parliament on 19 March 2008 and to took effect from 28 March 2008.

Employers and employees will no longer be able to make AWAs however are able to continue to make employee collective agreements, union collective agreements, union collective greenfield agreements and employer greenfield agreements, but these agreements will be subject to the new no disadvantage test.

AWAs made prior to the commencement of the Act will remain in force until they are terminated in accordance with the current rules. Existing AWAs will only be able to be varied in limited circumstances, for example, to remove prohibited content or if the AWA is discriminatory.

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