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Thread: AWA

  1. #1
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    AWA

    Hi I know this is a public forum but I’ve got a friend that is employed under an Australian workers agreement. I think he is getting shafted with the small amount he is getting paid

    Just wondering what options he has?

    He is not very good with (negoceation) sorry don’t know how to spell the word but when 2 party’s come to an agreement.

    Can a third party speak on his behalf or is he screwed.

    I was thinking of sitting in with him in his yearly review?

    Any thoughts on what he can do?

    I know this is a public forum but some advice would be great

    Cheers


    Sparks

  2. #2
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    AWA are no longer...but while you have a current one you can stay on it for as long as you choose, even once they have expired. adjustments to the base dollars can be done at anytime which will not effect the AWA. and yes being on an AWA means you have the backing of the industrial relations area of government (well at least in QLD). i don't see why a third party cannot assist and sit in on negotiations. at the end of the day you need to prove your worth to the company....maybe he could ring industrial relations for assistance.

    98% of staff at my work are on AWA and don't want to go back to EBA's as they are way better off. all our new employees have to go onto EBA which is a shame, damn those who support the government at the time when AWA were abolished...

  3. #3
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    Quote Originally Posted by weeds View Post
    AWA are no longer...but while you have a current one you can stay on it for as long as you choose, even once they have expired. adjustments to the base dollars can be done at anytime which will not effect the AWA. and yes being on an AWA means you have the backing of the industrial relations area of government (well at least in QLD). i don't see why a third party cannot assist and sit in on negotiations. at the end of the day you need to prove your worth to the company....maybe he could ring industrial relations for assistance.

    98% of staff at my work are on AWA and don't want to go back to EBA's as they are way better off. all our new employees have to go onto EBA which is a shame, damn those who support the government at the time when AWA were abolished...

    My friend works as a tradesman along side workers of the same, but everyones pay is different. Im not talking by a little bit either

    I think its about 7or 8 grand a year different

  4. #4
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    Quote Originally Posted by weeds View Post
    AWA are no longer...but while you have a current one you can stay on it for as long as you choose, even once they have expired. adjustments to the base dollars can be done at anytime which will not effect the AWA. and yes being on an AWA means you have the backing of the industrial relations area of government (well at least in QLD). i don't see why a third party cannot assist and sit in on negotiations. at the end of the day you need to prove your worth to the company....maybe he could ring industrial relations for assistance.

    98% of staff at my work are on AWA and don't want to go back to EBA's as they are way better off. all our new employees have to go onto EBA which is a shame, damn those who support the government at the time when AWA were abolished...
    Crikey! Must be some sort of parallel universe. AWA's were invented by the now defunct fascist Howard regime to do over the average decent working Aussie. Worked too until the electors had a gut full and threw the bastard out.
    Be careful here, you may do your mate more harm than good if you stick up for him. There are plenty of scumbag employers that take advantage of their staff and don't give a rats about "a fair days pay for a fair days work" .

    Deano

  5. #5
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    Any AWA that pays less than the award for the particular jop/trade is and was illegal but some did slip through I think its fair work australia is the current govt department looking after AWA and EBA. Dont know about your friend but companys pay more for good tradies less for average ones so not all AWA were the same for the same? job

  6. #6
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    Hi
    He can apply to get of the AWA at any time as the rules changed about 4 months ago. I did it in December last year and now i am back on a EBA as of the 8/2/10. it took a while as there is a backlog of applications.

  7. #7
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    Since 1994 most EBA's and AWA's have generally provided for annual increases of at least 4% per annum whereas Award increases are set by annual review of wage fixing tribunal awarded something around 2% on average, so Agreement employees are better off now compared to Award.

    AWA and EBA can vary pay rates between Companies, that was the idea, you got paid what the Company wanted rather than Award provides common pay across an industry for that occupation.

    AWA and EBA can provide different pay rates within Company for same occupation employees, some did it on stated KPI performance or bonuses others just gave individual rates.

    AWA were abolished by Rudd and Gillard and no new ones can be made, but old ones can continue until they expire, used to have a max 5 year shelf life, most were 3 years.

    AWA and EBA's however could not pay less than an Award

    Go to Fair Work Australia site on net there is contact details for the Office of the Ombudsman, they can look at the agreement and pay rates there in and give advice and if less than the Award seek reimbursement for underpayment against employer.

    Reality is if he grossly underpaid compared to other employees the boss is saying he is crap worker and paying him accordingly so he is better off getting a job somewhere else and sorting the pain of the underpayment if one exists as an ex employee

  8. #8
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    We have had union reps drop in trying to get memberships with the promise of getting a good AWA negotiated with the Shire.They leave empty handed and dont believe what we are getting paid.
    We negotiated a deal with our employer several years ago.They were very happy to agree to what we wanted saying good workers are hard to replace.
    Award +15% indexed to the fair pay commision.
    It isnt registered,just a "gentlemans agreement"
    There was no loss of award entitlements in the agreement.
    Last year the fair pay commision handed down a 0% increase.
    The shire offered us another 4% to cover it,until they hand down the next increase,we then revert to 15% above the new award.Pretty fair,we didnt even ask for it.
    Andrew
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  9. #9
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    Being in a workforce where the majority are on EBA (CA), I am treated very much as a "traitor" on an AWA. The implied sniping borders on harassment. To the point where this post makes me nervous - they all know my hobby and nickname.

    AWA are not for everyone.

    Many people see them as removing protection. I think it depends on your attitude towards work. I am comfortable with the conditions I have negotiated.

    Back to original question, I think it is good to have a third party in attendance. Don't be defensive in any negotiation. Put forward a case on what you (or your friend) are worth and then stick to it. I'm not sure you can renegotiate an AWA now, but other "contracts" are often used by employers.

    Let's not forget self employed people have "contracts" they commit to with customers regularly. Whether implied or written. I bet they would love their annual leave and sick leave entitlements

    Sorry to be a bit vague this is a very politically sensitive subject that I would love to "let loose" on. Won't do it here - a good subject for a few beers and a camp-side "discussion".

  10. #10
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    Quote Originally Posted by Sleepy View Post

    I am comfortable with the conditions I have negotiated.

    Yea its just my mate is quiet and easly led. so i think its just coz he is quiet that he is not getting the same amount. he needs to stand up for himself a little more.

    Thats why AWA's are bad as more money is given to those who can bargen better not what skills you have in the job you are going for

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