Certain employees may be covered by an individual agreement made under previous legislative schemes, such as an Australian Workplace Agreement (AWA) or an Individual Transitional Employment Agreement (ITEA).
All individual agreements made under the Workplace Relations Act 1996 (Cth) (and preserved individual State agreements) have passed their nominal expiry date.
An individual agreement (an 'individual agreement-based transitional instrument') can be terminated in 3 ways:
- by agreement between the employee and employer and with the approval of the Fair Work Commission
- on application to the Commission after the nominal expiry date, or
- conditional upon the approval of an enterprise agreement.