Award or agreement?

There are two industrial relations schemes which enforce industrial law in New South Wales - the NSW industrial relations system and the federal industrial relations system.

 

It is very important to know which one you may be employed under as this will affect your employment arrangements.

 

Which system will you come under?

The first step is to find out whether your employer is not incorporated (a sole trader or a partnership) or incorporated (a company).

 

If your employer is not incorporated then, in most cases, you will be working under the conditions of a NSW State award or enterprise agreement.

 

Your employer is incorporated if 'Pty Ltd' is part of their company name. Most incorporated employers are under the federal system.

 

If your employer is incorporated, you may be working under a federal award or collective agreement. In limited circumstances, your employer may offer you an Individual Transitional Employment Agreement (ITEA).

 

Always remember that if you are asked to sign any document agreeing to specific working conditions, you should first read it very carefully. Don't feel pressured to sign straight away, especially if it doesn't suit you.

 

If you need it, ask your employer for time to consider what is in the document. You are well within your rights. The time allowed may differ depending on the type of agreement. 

 

Take the document home and get other people you trust to read it over with you. You may even want to get some legal advice before you make your final decision.

 

Remember, if you are unsure about the conditions of any agreement you have been asked to sign, contact the OIR to assess your agreement against the equivalent NSW State award.