September 2006

The legal requirements for making workplace agreements have now changed.
- Your agreement must comply with the Australian Fair Pay and Conditions Standard.
- Your agreement must not contain prohibited content.
- Every employee must receive a copy of the correct OEA Information Statement.
- Every employee must have at least seven days to consider the proposed workplace agreement.
- Every agreement lodged must be accompanied by the correct Employer Declaration Form.

The Australian Fair Pay and Conditions Standard (the Standard) contains five minimum conditions. By law, no workplace agreement can provide conditions which are less than those in the Standard.  The minimum conditions in the Standard are:
1. a federal minimum wage, minimum award classification rates of pay, and casual loadings set by the Australian Fair Pay Commission;
2. four weeks paid annual leave per year (five weeks for continuous shift employees) up to two weeks of which can be cashed out in a workplace agreement;
3. ten days paid personal/carer's leave per year and two days compassionate leave per occasion;
4. up to 52 weeks unpaid parental leave (maternity, paternity and adoption); and
5. maximum ordinary hours of work limited to 38 hours per week (which can be averaged over twelve months in an agreement or award) and reasonable additional hours.

There is a long list of ‘prohibited content' which you would be able to find on a government website.  Queensland Chamber of Commerce are also running WorkChoices Legislation Seminars on the Sunshine Coast in October.

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