Understanding Collective Agreement vs Award

Question Answer
1. What is a collective agreement? A collective agreement is a contract negotiated between an employer and a union representing employees. It sets out the terms and conditions of employment for the workers covered by the agreement.
2. What an award? An award is a set of legally enforceable minimum terms and conditions of employment that apply to employees in a particular industry or occupation. It is typically determined by a government authority or an industrial tribunal.
3. Can an employer choose between a collective agreement and an award? Yes, an employer can choose to negotiate a collective agreement with a union, which may provide terms and conditions that are more favorable than those set out in the award. However, the terms of the collective agreement cannot be less favorable than the award.
4. Are collective agreements and awards mutually exclusive? No, they are not mutually exclusive. In some cases, a collective agreement may incorporate the terms of an award and provide additional benefits or conditions for the employees covered by the agreement.
5. What happens if there is a conflict between a collective agreement and an award? If there is a conflict between a collective agreement and an award, the terms of the collective agreement will generally override the award for the employees covered by the agreement. However, the award will still apply to employees who are not covered by the agreement.
6. Can an employer unilaterally change the terms of a collective agreement or an award? No, an employer cannot unilaterally change the terms of a collective agreement or an award. Any changes must be negotiated with the union in the case of a collective agreement, or approved by the relevant industrial tribunal in the case of an award.
7. What role does the union play in a collective agreement? The union represents the interests of the employees in negotiating the terms of the collective agreement with the employer. It also ensures that the terms of the agreement are enforced and provides support to employees in the event of disputes or grievances.
8. How is a collective agreement or an award enforced? A collective agreement is enforced through the union, which may take action on behalf of the employees to ensure that the employer complies with the terms of the agreement. An award is enforced through the relevant industrial tribunal, which has the power to penalize employers for non-compliance.
9. Can an employee be covered by both a collective agreement and an award? Yes, an employee can be covered by both a collective agreement and an award if the terms of the agreement incorporate the minimum conditions set out in the award. In such cases, the employee will receive the benefits of both the agreement and the award.
10. What should an employee do if they believe their rights under a collective agreement or an award have been violated? If an employee believes that their rights under a collective agreement or an award have been violated, they should first raise the issue with their employer or the union. If the matter is not resolved, they may seek assistance from the relevant industrial tribunal or a legal professional to pursue a resolution.

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Collective and Awards

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Collective Awards
agreements between an and a representing employees. binding that minimum working and for in a industry.
cover specific or workplaces within an industry. Apply to an entire industry or occupation.
usually members a union. required to be of a union.

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Factors Collective Awards
Flexibility for to the needs of the workplace. application an industry, ensuring.
Enforceability be through a or the courts. binding by law.
Representation employees to with their through their union. a of and for all in a industry.

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Collective vs Award

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Parties Terms Definitions
Employer Employee In contract, term “employer” to party employment, while term “employee” to individual the employment.
Collective Agreement A collective contract between an and a union employees.
Award An award is a legal document outlining the minimum terms and conditions of employment in a particular industry or occupation.
Applicable Laws This by the of the in which employment exists, but to the Fair Work Act.
Jurisdiction Any arising from contract be within the courts of jurisdiction.
In whereof, the hereto have this as of the first above.