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Issue No. 29 - June/July 2006

Minimum conditions: do you comply?

by Mr Shayne Bakewell

One of the least advertised aspects of the WorkChoices changes is the introduction of new minimum conditions of employment from 27 March 2006.

These apply to all businesses that are constitutional corporations, and their employees.

The area is quite difficult and technical, and on that basis it is best to get specific advice.

For your convenience I have summarised the groups of employees most likely to be affected so you can ascertain quickly whether or not a check is warranted.

Employee groups potentially affected

Please note the following categories of employees as at 26 March 2006.

Table 1

Employee GroupComment
Federal AwardsAffected where the standard is better

than the Award. Where the award is

better than the standard, the Award

applies.

State AwardsAffected where the standard is better

than the Award. Where the award is

better than the standard, the Award

applies

Federal Certified

Agreements at

26/3/06

Not affected
AWAs at 26/3/06Not affected
State Enterprise

Agreements

at 26/3/06

Not affected
Award Free

(i.e. Managers,

Professional Staff)

Affected where the standard is better

than the contract of employment. Where

the contract is better than the standard,

the contract applies

New Workplace

Agreements on

or after 27/3/06

Conditions must meet the standard

as a minimum


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