If there are protected conditions of attribution that would apply to the worker, they are included in the employment contract, subject to the provisions of the enterprise agreement which they expressly exclude or modify (s354(2)). These protected premium conditions include (s354 (4): an enterprise agreement is an enterprise-level agreement that provides for conditions of employment, including wages, for up to four years from the date of authorization. Enterprise agreements must have an expiry date of no more than four years from the date the Fair Work Commission approves the agreement. An Australian Labour Agreement (AWA) was a kind of formalized individual contract negotiated between an employer and a worker in Australia that existed from 1996 to 2009. Employers could propose an AWA as a condition of employment. They were registered by labour counsel and did not require a dispute resolution procedure. These agreements only worked at the federal level. The AWAs were individual written agreements on the conditions of employment between the employer and the worker in Australia, in accordance with the 1996 Labour Relations Act. An AWA could repeal conditions of employment in national or territorial laws, with the exception of those relating to occupational health protection, workers` compensation or training agreements. An AWA only had to meet Australia`s highest standard of fair payment and minimum conditions. The agreements were not obligated to introduce effective dispute resolution procedures and could not contain prohibited content.
The agreements were no more than five years old; approved, encouraged and registered by the Employment Agency; Excluding a premium and prohibited trade union actions with regard to the details of the agreement for the duration of the agreement. The introduction of AWA has been a highly controversial topic of labour relations in Australia. Where a labour agreement contains terms of an industrial instrument in accordance with s355 (use by reference to terms from an industrial instrument), the worker does not have access to the agreement unless he has access to the industrial instrument (s337 (6)). There are a number of different types of employment contracts. Among them, the trade union movement saw in the AEAs an attempt to undermine the power of trade unions in negotiating the wages and conditions of their members. The unions argued that the ordinary worker himself had little or no bargaining power to effectively negotiate an agreement with an employer, so that there is, of course, unequal bargaining power for the contract. For exceptional individuals in the workplace or in labour-shortage sectors, the labour movement argues that common law contracts are sufficient. They also believe that, while commercial law and common law provide for fairness and equality in negotiations, the AAEs were designed to reinforce the inequality between employers and workers in terms of pay and conditions. The ACTU`s policy has been to eliminate AWAs and establish collective agreements.  In writing, persons who, at that time, were employed in a single company of the employer whose employment is subject to the agreement (s327). (A single company is defined as a business, project or business, operated by an employer, including the activities of the Commonwealth, states or territories.) If the agreement does not contain a dispute resolution procedure, it is decided to include the standard dispute resolution procedure in Part 13 (s353).