WorkChoices – Brave New World

The WorkChoices Legislation has injected a significant degree of complexity into what already was an intricate industrial relations system, founded upon a number of disparate and at times eclipsing Federal & State laws and industrial instruments. This article looks briefly at what AWAs are and whether employers should consider using them. It also summarises the current position with respect to the record keeping requirements under WorkChoices.

AWAs are one of a number of different types of workplace agreements provided under WorkChoices. What distinguishes an AWA from collective types of workplace agreement is that it is an individual agreement made between an employer and an employee. Unlike a common law contract of employment, an AWA must be registered with the Office of the Employment Advocate (OEA).