Certified agreements
A certified agreement is a written collective employment agreement that sets out the wages and working conditions for a particular group of employees. The group of employees may be the whole of a workforce or a specific group that is somehow separate and distinct. Certified agreements can cover a single workplace or be made to cover a group of associated employers.
A certified agreement may be negotiated between the employer and:
- employees working at the time; or
- union/s entitled to represent employees who will be covered by the agreement.
A certified agreement will also cover employees who commence employment after the agreement is made.
A certified agreement can 'stand alone' by setting out all conditions and provisions of employment thereby effectively replacing the relevant award or it can operate in conjunction with the relevant award. For example, a certified agreement may only provide for a wage increase or change the hours, overtime and shift work conditions and the remainder of the relevant award would continue to apply.
Where there is any inconsistency between the provision of an award, an industrial agreement or an apprenticeship/traineeship order and those stated in the certified agreement, then the certified agreement prevails. Certified agreements prevail in a similar manner over a Queensland workplace agreement - unless the certified agreement provides for the Queensland workplace agreement to override its terms.
For a certified agreement to be legally binding it must be approved by the Queensland Industrial Relations Commission (QIRC) .
Last updated July 21, 2009
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