Tool Box

Issue No. 30 - August/September 2006

Minimum conditions: do you comply?

by Mr Shayne Bakewell

This is Part 2 of a two-part feature on the introduction of new minimum conditions of employment from 27 March 2006 (“the Standard”).

These conditions apply to all businesses that are constitutional corporations, and their employees and arise as a result of the Work Choices legislation.

I note again that the area is quite difficult and technical, and it is always best to get specific advice. 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 27th March 2006.

Table 1

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Employee Group	Comment
Federal Awards	Affected where the Standard is better than the Award. Where the Award is better than the Standard, the Award applies.
State Awards	Affected 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 26/3/06	Not 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.