Do Australian workplace agreements (AWAs) covering employees in the Australian retail industry promote family-friendly working conditions?

The focus of this paper is upon the nature and implications of AWAs negotiated with retail industry employees in terms of their ‘family-friendly’ provisions. The federal Workplace Relations Act 1996 contains an explicit objective to promote family-friendly workplace conditions of employment and government has also passed legislation requiring employers to provide certain family-friendly employment conditions. The Australian Government has also actively promoted such initiatives through its policies, publications and research of business practices. Australian Workplace Agreements (AWAs) were initially established under the Workplace Relations Act 1996 (the Act) and provided for the legal recognition of agreements between employers and employees establishing terms and conditions of employment so long as they met a ‘no disadvantage test’. The purpose was to provide the opportunity for employers and employees to negotiate directly, free from ‘the shackles’ of third parties, notably trade unions. The protection for employees lied in the requirement that agreements should result in ‘no disadvantage’ for employees. Major amendments to the Act in 2005 resulted in the removal of the no disadvantage test and the introduction of a new requirement that agreements must satisfy the Australia Fair Pay and Conditions Standard (AFPCS). Ten AWAs negotiated with retail industry employees, that attracted criticism from the major retail union, are examined in order to identify the implications of these agreements for ‘family-friendly’ working conditions are examined