A common rule award binds all parties to the conditions contained therein.
The way to vary that award is by means of either a certified enterprise agreement or an AWA.
They are the three recognised and legal mechanisms of protecting all employers/employees rights.
Some sort of contractual arrangement between the employer/employee in a written form that is not either an enterprise agreement or AWA, will not stand up against the award.
There are many documented cases whereby employees have been compensated through the industrial courts where minimum conditions have not been met.
Even if an employer is not listed as a respondant in the common rule award, he is still bound to honour the minimums listed in the award.
The order of priority of the award/agreement is thus:
Federal award, State award, Enterprise Bargaining Agreement, AWA.
If there is any dispute over what is meant by a term, or what condition needs to be met, if it is not covered in the EBA or AWA, then reference is made to the preceeding registered/recognised EBA/AWA. If still no resolution, then refer back to the state award and federal award.
I would suggest that if you believe that your entitlements are not being met correctly, that an approach is made to your pay master to ascertain the correct method of claim. If there is a difficulty then approach the AFAP for guidance.
And, remember you catch more flies with honey than lemon.
