Under the Fair Work legislation, employers and individual employees have been able to continue to make individual employment agreements (ITEAs) which could override awards or collective agreements.
From 1 January 2010 individual agreements overriding awards or collective agreements can only be made by using the individual flexibility clauses included in all new awards and new collective agreements.
Current AWAs and ITEAs will continue to operate indefinitely. They can be terminated by either the employer or employee on 90 days notice but they cannot be automatically overridden by a new collective agreement.
Employees
covered by an ITEA or
You should give careful consideration to how and when an individual should be terminated or how any new collective agreement could interact with individual agreements and, therefore, how this could affect your rights and obligations.
Contact one of our experienced employment lawyers to obtain advice on the impact which this important transitional period may have on you as an employee or an employer.
