(ITEAs) Individual Transitional Employment Agreements

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 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.
• The Labor Government released the final version of the governments 10 national employment standards in June 2008 which will form the basis of a complete rewrite of awards over the next two years.

Workforce Guardian has developed contract generation technology allowing you to produce a compliant ITEA for employees in a quick and logical way.

Our employment contracts are produced using interview style questions and answers that are easy to use.

Relevant clause options available for ITEAs include:

• Hours of Work and Overtime
• Standby, Callout and Breaks
• Remuneration and Benefits
• Leave

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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