You can still be a member of the CPSU if you're on an AWA
What happens to me and my AWA under the new ALP Government?
The Government has promised that they will replace WorkChoices with a new fair and balanced industrial relations system. AWAs have been used by some employers to disadvantage low skilled workers, undermine the award safety net and cut pay and conditions for those with the least bargaining power. Under the Government’s industrial relations policy AWAs will no longer be available.
The Government has indicated they will implement their industrial relations policy in two stages, to ensure there is an appropriate transitional period for employees on AWAs.
In March the Government passed Transition legislation; and
By 2010 the Government would put in place new industrial relations legislation.
A number of APS employees are engaged on AWAs and may be uncertain about their terms and conditions of employment under the Government’s policy. Kevin Rudd has promised that “anyone who’s currently on an AWA will be no worse off when it comes to their take-home pay and conditions” (7.30 Report, 29 May 2007), but how is this going to work in practice for APS employees?
AWAs will continue for their agreed term, unless both parties agree to terminate them prior to the expiry date. This means your AWA cannot be terminated without your consent during its term.
Can I stay on my AWA?
If you want to stay on your AWA, you can stay on it for the life of the agreement.
Will the terms of my AWA still be enforceable?
The terms of your AWA will continue to be enforceable whilst that agreement is in operation.
Will I still get pay increases?
Any pay increases due to you under the terms of the AWA will have to be honoured. Some pay components under an AWA are discretionary; the process by which those discretionary components are assessed would still have to be applied in a manner consistent with the terms of the AWA.
Can I terminate my AWA?
If you want to terminate your AWA, you can do this:
At any time by agreement between yourself and the employer; or
If your AWA was made after the commencement of WorkChoices, you can terminate the AWA by providing 90 days notice after the nominal expiry date; or
If your AWA was made before the commencement of WorkChoices, you can terminate the AWA with the consent of the AIRC after its nominal expiry date.
What happens if my AWA is terminated?
The Transition legislation establishes that if an employee terminates their AWA, they will fall onto the relevant collective agreement.
What will happen to my AWA if I get transferred to another agency as part of a machinery of government change?
Depending on the wording of your AWA it may still be able to cover your employment in the new agency. In this case the AWA would continue to apply and continue to be enforceable. If the wording of the AWA means it cannot follow you, the Public Service Act guarantees you at least your current level of salary.
Under the ALP policy can I still talk to my manager about my individual employment arrangements?
Yes. Under the Government’s policy collective agreements will have to include a “flexibility clause” allowing for negotiated individual arrangements beyond those set out in the collective agreement to ensure that employment arrangements suit the individual needs of employees. This means that you can still negotiate individual arrangements to suit your particular circumstances with your manager.
Under a collective agreement can I still get flexibility around hours of work, salary sacrificing etc?
Yes. Under the Government’s industrial relations policy a collective agreement will be able to include any of these matters. For example there is no reason why a collective agreement could not include flexibility around hours of work, flexibility around the use of leave or salary sacrificing arrangements. Where to from here?
CPSU will be able to assist members with any transitional process and we will continue to advocate in the interests of members to ensure that their terms and conditions of employment are protected.
If you have more questions please contact us at members@cpsu.org.au or 1300 137 636.
Government begins to bury WorkChoices - 28 March 2008 Acting Prime Minister Julia Gillard has declared the beginning of the end of WorkChoices, following official proclamation of the Government's transitional legislation.
AWA ban by Easter- 18 March 2008 The Federal Government is hoping to enact new Forward with Fairness laws before Easter which will dismantle WorkChoices and ban new Australian Workplace Agreements (AWAs).
