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View Full Version : ITEA's to go, Collective Agreements by 01 Jan


G Limit
30th Apr 2009, 01:07
Looks like Krudd's promise is finally starting to take shape to roll back Work Choices. ITEA's will all expire on 31 December and will be replaced by Collective Agreements. The Union is also involved in 'award modernisation' to try and re-hash the "reference instrument".

Can anyone shed some light on how the collective agreement gets put in place for all us 'individually challenged' folk?

The Voice
30th Apr 2009, 01:17
ITEA's were only ever meant to be a transitional tool to rid the workplace of AWA's.

Have you checked out the Workplace Authority website? It has a plethora of useful information including how things will work post 31 Dec 09.

notmyC150v2
30th Apr 2009, 02:13
The nominal expiry date for ITEA's must indeed be in December this year. However if you do not terminate it or replace it with a Collective Agreement it continues to operate.

If you want the ITEA to disappear and be covered by a Collective Agreement that already applies to other employees at your workplace you need to write to your employer (after 1 July 2009 and the nominal expiry date) and advise them that you want the Agreement to terminate and then write to the Workplace Authority (or visit their site and complete the form).

If no collective agreement applies at your workplace you only need to negotiate one and it replaces all ITEA's at that site.

If you do nothing the ITEA will continue to operate. The only difference is that from 1 January 2010 you will be entitled to the benefits contained in the National Employment Standards and the Base Hourly Rate contained in the relevant "Modern" Award.

B767MAD
30th Apr 2009, 23:12
The Voice - any chance you can link us - I've searched and had no luck.

How would a CA be negotiated at a company where there is no 'pilot body' representation to company. :confused:

notmyC150v2
1st May 2009, 00:18
B767Mad, here you go.

Australian Government - Workplace Authority (http://www.workplaceauthority.gov.au)

If none of the pilots (or other applicable occupation) are members of a union then they can approach management as a group and seek to commence negotiations.

From 1 July 2009 the relevant union is "deemed" to be the bargaining agent for employees who are entitled to become members of the union. The union can therefore enter the site to commence negotiations even if there are no members.

ITCZ
1st May 2009, 07:43
How would a CA be negotiated at a company where there is no 'pilot body' representation to company.
Form, or join, a union.

The Voice
1st May 2009, 10:44
Not absolutely necessary to join a union.

There are 2 types of agreements - Collective Agreement negotiated by employees or a Union Collective Agreement - negotiated by an union.

Employees (ie not under the umbrella of a union) can negotiate on their own behalf OR they can nominate a bargaining agent to negotiate on their behalf - notification must be made in writing to the employer of who the bargaining agent is.

Sounds terrifying I know, however it is all about employees being able to bargain for and negotiate their employment terms and conditions with the employer - there are basic provisions which must be met by all sides.

There is also an opportunity for individual employees to negotiate individual conditions suitable to that individual employee (like an addendum to a collective agreement) - provided that it doesn't lessen any of the basic rights that are protected under the legislation. It is then a Schedule which is attached to the agreement for that individual employee.

All agreements must pass the fairness test - if it fails the test it will be sent back for correction.