Important legislative changes
Changes to the workplace relations system came into effect 28 March 2008 with the commencement of the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008.
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ITEAs
An individual transitional employment agreement (ITEA) is a new type of instrument which is available for limited use during the transition to the Government’s new workplace relations system. An ITEA can only be made until 31 December 2009.
This includes things like the rate of pay, hours of work and other things relating to the employee’s job.
An ITEA will be assessed against the no-disadvantage test (NDT) to ensure that it does not disadvantage the employee against an applicable collective agreement or applicable award.
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No-disadvantage test
The NDT will apply to all workplace agreements (including individual transitional employment agreements (ITEAs)) made after the Act commenced on
28 March 2008 and lodged with the Workplace Authority. It will also apply to agreements as varied by lodged variations made after the commencement date of the Act.
The obligations imposed on the Workplace Authority in relation to the NDT apply regardless of whether the workplace agreement is yet to operate, is in operation or has ceased to operate.
Accordingly, any references in this general information fact sheet to employees or organisations include employees or organisations which may have at any time been subject to the agreement. Further, any reference to employee includes an employee whose employment may in the future be subject to the workplace agreement.
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