Individual Transitional Employment Agreements (ITEAs)
Individual Transitional Employment Agreements (ITEAs) replace AWAs, and are individual employment agreements made between an employer and an employee where the employee would otherwise be covered by an award or enterprise collective agreement.
The new Labor Government has introduced the Workplace Relations Amendment (Transition to Forward With Fairness) Bill 2008 that was proclaimed as law effective from midnight Thursday 27 March 2008. The key changes in the initial amendment are:
- AWAs can no longer be made, but existing AWAs will continue until the earlier of their stated expiry date or 31 December 2012.
- ITEAs may be made provided you employed at least one employee on an individual agreement as at 1 December 2007. ITEAs will cease to operate no later than 31 December 2009.
- A No-Disadvantage Test applies to all new workplace agreements (but not common law agreements). The Workplace Authority Director must approve all ITEAs against the No Disadvantage Test.
- An Award Modernisation process will be conducted by the Australian Industrial Relations Commission (AIRC) which will determine the design of the new awards. Modern awards will most likely contain 10 allowable matters.
The ITEA can be a complex and confusing agreement and business owners often need help to successfully generate a compliant agreement with their employees that satisfy the requirements for this type of agreement.
Workforce Guardian has developed market-leading contract generation technology allowing you to produce an ITEA for employees in a simple and logical way.
Our employment contracts are produced using interview style questions to mirror the type of questions your lawyer would ask. The contract generation technology also prompts you with the correct clauses you should consider as part of designing an Individual Transitional Employment Agreement for your employees.
Workforce Guardian ITEAs describe and provide the relevant clause examples for:
- Hours of Work and Overtime
- Standby, Callout and Breaks
- Remuneration and Benefits
- Health and Safety
- Leave
- Termination and Restraint of Trade
Workforce Guardian currently provides 5 other types of employment agreements including:
- Common Law Agreements
- Agreements for Award covered employees
- Employee Collective Agreements
- Union Collective Agreements
- Independent Contractor Agreements
To provide you with further peace of mind about your employment law obligations, all our employment agreements have been verified by employment law experts at Clayton Utz.
Get access to Workforce Guardian’s valuable library of employment contracts including Individual Transitional Employment Agreements (ITEAs).
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