Individual employment agreements (IITE) were a kind of company agreement put in place by the Rudd Labor Government in March 2008, after the removal of legislation that allowed for the conclusion of new Australian Company Agreements (AAA). The EITs are applicable to employers in the federal system. They were put in place to fill this gap before the entry into force of the new Fair Work Act, which shifted the system`s focus to negotiated collective agreements and not individual agreements. They were only available if, on 1 December 2007, the employer employed at least one worker participating in an AWA, an individual state contract obtained or a Victorian employment contract. An ITEA had to pass a no-disadvantage test against any collective agreement that would otherwise apply to the worker. Although all EIAs technically expired in December 2009, the ITEA will continue to exist until it is completed or replaced. This can be initiated by an employee. Seek advice from the union before taking action. You may be at a disadvantage if you stay in your individual contract. The most frequent right is the breach of the appropriate contractual obligation of termination. Before the dismissal of an employee, an employer should check whether the employment contract contains a provision on the amount of dismissal to be given to the worker. If the contract is not provided, a period is provided for the employer to terminate only with a reasonable time. This is a separate requirement for minimum rights under the legislation.
According to OAS statistics, on December 31, 2004 1,410,900 people covered by certified Union agreements, 168,500 covered by non-unionized agreements and 421,800 or more than 21% by AA. As at 31 December 2005, this level had risen to 1,618,200 under Union Certified Agreements, 185,300 under non-unionized agreements and 538,200 Australian company agreements.  Figures published in March 2005 by the Australian Bureau of Statistics showed that the hourly wages of A.A. employees were 2% lower than the hourly wages of workers with registered collective agreements, most often negotiated by unions.  For women, the ESAs paid 11% less per hour than collective agreements.  The Fair Work Ombudsman and the Fair Work Commission regulate Commonwealth labour laws relating to termination of employment. Employers and workers can agree to end an individual transitional instrument based on agreements through conditional dismissal. Conditional dismissal results in the termination of an AWA or ITEA when a proposed company agreement covering the employee and the employer is concluded and the proposed company agreement comes into force. Under the Fair Work Act 2009, agreements remain under threat after their nominal expiry date until they are replaced or terminated.
Under the provisions of the Fair Work (Transitional Commissions and Consequential Amendments) Act 2009, agreements concluded under current legislation remain in force as transitional instruments based on agreements. . . .