FAQs
- What is the difference between an AWA and the Enterprise Agreement?
- Are AWAs the same as individual contracts?
- Arent AWAs needed so that the university can reward high flyers?
- What could happen if I accept an AWA?
- If I sign an AWA, arent I still covered by the Enterprise Agreement?
- Do I have to sign an AWA if I am offered one?
- Will I be offered an AWA?
- If I sign an AWA, can I still be a member of the Union?
- Could the Union negotiate on my behalf?
- What is a bargaining agent?
- What should I do if I am offered an AWA?
What is the difference between an AWA and the Enterprise Agreement?
AWAs are individual agreements whereas Enterprise Agreements are collective. AWAs only apply to the individuals who sign them whereas Enterprise Agreements apply to all staff, except those on AWAs.
Are AWAs the same as individual contracts?
No. AWAs and individual contracts (common
law contracts) are quite different. Conditions in
individual contracts of employment must be as good as or better
than the standards in the Enterprise Agreement, but AWAs can
contain conditions, and often do, that are inferior to those in
the Enterprise Agreement.
Depending on the terms of the AWA, accepting it may mean an irrevocable change to your underlying contract of employment.
Arent AWAs needed so that the university can reward high flyers?
No. The Government has argued that AWAs are
needed to attract and reward top staff, but this is not
necessary. As stated above, individual contracts can already be
offered under current Enterprise Agreements provided that
these contracts do not provide for conditions below the
Enterprise Agreement minima.
Also, existing Agreements currently provide for performance-based contracts for senior managers under which certain provisions of the Enterprise Agreement (eg. tenure) do not apply. Around 30% of staff are already employed on an individual contract of some sort and the payment of market and merit allowances is widespread.
Universities already offer high-quality employment standards reflecting the international market within which they work and the professional character of academic work. In this environment, AWAs are clearly unnecessary.What could happen if I accept an AWA?
Staff members who sign AWAs may lose entitlements under their
Enterprise Agreement.
For example, an AWA could provide for reductions in salary and paid parental leave, reduced redundancy pay, no due process before dismissal and no limits on working hours.
If I sign an AWA, arent I still covered by the Enterprise Agreement?
No. The good conditions NTEU has negotiated in Enterprise Agreements do not apply to staff on AWAs. Moreover, while on AWAs, staff members have no right to participate in enterprise bargaining or to take industrial action.
With an Enterprise Agreement, staff negotiate together. With an AWA, staff negotiate alone.
Under the new IR laws, a staff member who signs an AWA will never be able to return to the Collective Agreement. The only way a staff member will be able to be on a future Collective Agreement is if they go through a complex system of terminating their AWA, falling to the 5 minimum conditions with any protected Award conditions, and then having a new Collective Agreement come into effect after this. Clearly, there are no guarantees that a staff member will ever be able to return to a Collective Agreement.
Do I have to sign an AWA if I am offered one?
No. The HEWRRs clearly say that universities
“must provide employees with genuine choice and flexibility
in agreement making”. This means that university staff can
elect either to reject or accept an AWA if they
are offered one. If you reject the AWA, you will continue to be
covered by the employment conditions set out in the Enterprise
Agreement.
In some workplaces (mainly outside the higher education sector), new staff and promoted staff are often forced to accept an AWA through a “no AWA, no job” offer. If an AWA is offered to you on these terms, contact the union immediately for advice.
Staff members in Universities have been protected by the NTEU negotiating clauses which require the University to provide a “genuine and informed” choice between any AWA offered and the Collective Agreement. This also applies in most cases to new staff.
Will I be offered an AWA?
All universities offered their new and existing staff AWAs by 31 August 2006, in accordance with the HEWRRs. All new staff will continue to be offered AWAs and some Universities may offer AWAs again to existing staff.
If I sign an AWA, can I still be a member of the Union?
Yes. NTEU understands that some staff may be
given no real option but to sign an AWA, despite the clear
“choice” language of the HEWRRs.
Staff are encouraged to remain members of the union and those staff who are denied choice are encouraged to take advantage of the expertise of NTEU negotiators in assisting in the negotiating of their AWA.
In any event, more than any other time, staff on AWAs may require the assistance of NTEU and NTEU will continue to provide representation to all members. It is important to remember, however, that often the conditions and protections in AWAs will be inferior to the conditions and protections in Collective Agreements.
Could the Union negotiate on my behalf?
In particular circumstances and determined on a case-by-case basis, NTEU may negotiate an AWA for you. This is limited to circumstances where members have no choice in their workplace agreement. Negotiators have a wealth of expertise in negotiating pay and conditions for university staff. However, for NTEU to assist staff in negotiating an AWA, staff must designate NTEU as their bargaining agent. This can be done by filling in the form and sending it to NTEU.
What is a bargaining agent?
Normally, AWAs and offers of AWAs are negotiated in private between the employer and the employee. To ensure that NTEU is equipped to defend members’ pay and conditions of employment when AWAs are offered, we are asking all members to appoint NTEU as their bargaining agent. This will mean members will not have to negotiate alone.
NTEU will not sign or reject any final AWA offer from an institution without consulting with members. In any event, NTEU will not sign any AWA offer – as this must be done by a member. You will retain control of the process.
By appointing NTEU as your bargaining agent, you can assist in ensuring NTEU will be provided with a copy of any AWA offer, and will be able to negotiate on your behalf if necessary. NTEU is bargaining agent for well over 12 000 members, making NTEU one of the largest, if not the largest, Bargaining Agents in Australia. You can appoint NTEU as your bargaining agent by simply completing the bargaining agent form.
What should I do if I am offered an AWA?
1. Read all the FAQs on this webpage.
2. Complete and return a bargaining agent authority to NTEU
3. If you have further questions, contact your Branch.