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 employer must avoid the worker a copy of the conditional dismissal and a copy must be submitted to the Commission together with the application for approval of the proposed company agreement. The AWA or ITEA terminates when the proposed company agreement comes into force.
The trade union movement saw the AWA as an attempt to undermine the collective bargaining power of unions in negotiating the wages and conditions of their members. The unions have argued that the normal worker himself has little or no bargaining power to effectively negotiate an agreement with an employer, so that there is inherently unequal bargaining power for the contract. For exceptional people in a workplace or in sectors with labour shortages, the labour movement argues that common law contracts are sufficient. They also believe that while commercial and customary law guarantee fairness and equal bargaining power, AWA were designed to consolidate the inequality between an employer and its staff in terms of remuneration and conditions. CUTA`s policy was to abolish ESAs and include collective bargaining rights in the bargaining system.  By May 2004, A.A. had reached a coverage of about 2.4% of the workforce.  Mining companies have advanced the agreements with some success and offered substantial wage increases to workers who chose to sign an AWA. . . .