Removal of 'first 30 days' rule

25 August 2015

Previously where there was an applicable collective agreement in place, the terms and conditions of employment for all new employees for the first 30 days, could not be inconsistent with those of the collective agreement.

This no longer applies and therefore an employer and a new employee may enter into an agreement on such terms as are lawful and mutually agreed.

However, note that the employer is still obligated to advise the new employee:

  • That the collective agreement exists and covers work to be done by the employee; and
  • That the employee may join the union that is a party to the collective agreement; and
  • How to contact the union; and
  • That, if the employee joins the union, the employee will be bound by the collective agreement; and
  • Give the employee a copy of the collective agreement; and
  • If the employee agrees, inform the union as soon as practicable that the employee has entered into the individual employment agreement.

Note that the above is subject to any relevant provision of an existing collective agreement. If an agreement requires new employees to be offered the collective for the first 30 days of employment, then the employer is obliged to comply with that.