Mark Arbib (NSW, Australian Labor Party, Minister Assisting the Prime Minister for Government Service Delivery) Share this | Hansard source

The government will oppose Australian Greens amendments (2) and (3). The government considers that the transitional arrangements contained in the bill will ensure a fair, certain and orderly transition to the new system for all employees and employers, including those covered by AWAs and ITEAs. The bill gives certainty to employees and employers by providing that AWAs and ITEAs will continue to apply until they are terminated. Once an AWA or ITEA has been terminated, an enterprise agreement that covers the employee and employer would then apply. It is important to emphasise that as soon as an AWA or ITEA reaches its nominal expiry dates either party may terminate the agreement unilaterally 90 days after Fair Work Australia has made its approval decision. The parties may also agree to terminate an AWA or ITEA at any time.

In addition to these termination provisions, the bill also provides that employees and employers covered by an AWA or ITEA may enter into a conditional termination which would enable the employee to fully participate in and benefit from collective bargaining for the proposed new enterprise agreement whether or not their individual agreement has passed its nominal expiry date. Conditional terminations will facilitate the orderly transition of employees and employers covered by an AWA or ITEA to a new enterprise agreement by terminating the individual agreement as soon as the proposed new enterprise agreement comes into operation.