An AWA is an Australian Workplace Agreement (AWA) between an employer and an individual employee. it is a written agreement between an employer and a full time employee for the purposes of the Workplace Relations Act 1996 as amended by the Workplace Relations Amendment (Workchoices) Act 2005.

This document is specifically designed for full time employees. If a person is to be employed on a casual or part time arrangement then this document should NOT be used.

Under the Workchoices legislation that became law in 2006, AWAs apply over awards and common law employment agreements.

AWAs have nominal expiry dates but these do not prevent you from terminating an employee during the term of the AWA where this is specifically provided for.

The Workchoices legislation established the Australian Fair Pay Commission (AFPC) www.fairpay.gov.au an independent statutory body which sets a Standard for minimum wages, hours, casual loading, annual leave, personal leave and parental leave. The AFPC Standard applies to AWAs and an AWA must meet these minimum standards. Click here for the Standard fact sheet.

Please Note: An employer cannot force an existing employee to enter into an AWA. To do so is an offence under the Workchoices legislation.

Please Note: There are pre-lodgment proecedures concerning AWAs, in particular the obligation to provide ready access to the employee beginning 7 days before the AWA is approved by the Office of the Employment Advocate and to provide at the same time an information statement that complies with Section 337 of the Work Place Relations Act 1996. Approval is automatic upon lodgement with the Office of the Employment Advocate.

Please Note: AWAs must be lodged with the Office of Employment Advocate. See Sections 340, 342, 344, .345, 346 and 347 of the Work Place Relations Act 1996, click here for the Act.