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QIEU Chapter Resources: Information Sheet 12

Status of Awards and Agreements

State Certified Agreements Where an employer has entered into a State Certified Agreement, this Agreement continues in force, but as a Preserved State Agreement. A Preserved State Agreement can only be terminated by a decision of the Industrial Commission or when it is replaced by a new Federal Agreement.

Existing State Awards Existing State Awards continue to have force. However, they are now referred to as a “Notational Agreement Preserving the State Award”. These Notational Agreements Preserving State Award will continue in force until 31 December 2009. A Notational Agreement Preserving State Award ceases to operate when a new Federal Agreement is made to cover the subject employees. A Preserved State Agreement can be varied to extend its nominal life. Further, such an Agreement can be varied to include wage increases and other improved conditions of employment. Clauses which contain employment conditions which would otherwise be “prohibited” in a New Federal Agreement are allowed to continue to exist in a Preserved State Agreement.

A New Federal Agreement Employers can make a new Federal Agreement, either with the appropriate union(s) or directly with employees. An Agreement made directly with employees severely limits the rights of a union to enter the workplace to communicate with employees. A New Federal Agreement cannot include a range of issues which were previously common in State Certified Agreements. These “prohibited” issues are either lost or must be included in some form of “side” deed.

Modern Awards The Australian Industrial Relations Commission has been asked to make new “modern awards”. That process commenced approximately 3 months ago and will continue until the end of 2009.

Last Updated: 06/11/2008

Education services are being considered in stage 3 of the process of making modern awards. This means that the Commission will be actively considering the content of the “modern award” applying in non-government education in March 2009. Consequently, it is too early to comment on the possible content and breadth of coverage of this new “modern award”.

Additional Information? If you would like to know awards and agreements, please contact your union organiser or your union office. Brisbane Office Townsville Office Bundaberg Office

Last Updated: 06/11/2008

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