Agreements and Awards
Entitlements relating to rates of pay and a wide range of other industrial relations matters are provided for in a system of 'industrial instruments'.
In Queensland the Industrial Relations Act 1999 (the Act) defines an industrial instrument as an award, certified agreement and Queensland workplace agreement. The definition also includes industrial agreements and enterprise flexibility agreements although making new agreements of these last two types is not possible under current legislation. Employers and employees may choose whether their employment relationship should be covered by an award or by one of these registered formal agreements.
In the federal jurisdiction the Workplace Relations Act 1996 also provides for awards, certified agreements and Australian workplace agreements on a similar basis.
An industrial instrument is a legally binding order approved by an industrial tribunal prescribing the minimum enforceable wage rates and conditions of employment, applicable to the employers and employees covered by the instrument.
The Queensland Industrial Relations Commission (for Queensland state awards and agreements) and Australian Industrial Relations Commission (for federal awards and certified agreements) are the independent industrial tribunals empowered by legislation to approve industrial instruments. Australian workplace agreements are approved by the Office of the Employment Advocate. Once approved or registered with the relevant authority, the conditions of the instrument are legally binding on the employers and employees to whom it is applicable.
The instrument prescribes minimum conditions only. An employer may choose to provide conditions that are more favourable to an employee than those laid down in the instrument but may not provide conditions less favourable than those stipulated in the instrument.
It is important that employers and employees find out whether they are covered by an industrial instrument made under Federal or State jurisdiction. It is also important to establish which particular industrial instrument is applicable to their employment. It is possible that two employers carrying on very similar businesses may be covered under different awards or agreements - thus, their respective employees may have very different employment entitlements.
About 17% of the Queensland workforce is not covered by any award or agreement (i.e. award free). However these employees are entitled to certain minimum conditions of employment provided for in the Act and may make their own private agreements with their employer about other entitlements.
Further information on the various types of industrial instruments can be obtained by visiting the Wageline website or by contacting Wageline on 1300 369 945.