Q: We have a Collective Agreement that covers a number of positions in our company.

So, we must offer new employees who choose an individual agreement the terms no less favorable than the collective agreement for their first 30 days. In general, our Individual agreements are slightly less favorable than the Collective (i.e. no long service leave and no fifth week of annual leave after 10 years).

I am confused around Section 62(6) that says “No term or condition of employment may be expressed to alter automatically after the 30-day period in a way that makes it less favorable to the employee than the collective agreement”

Does this mean that after the 30 days we have to go back to the person and negotiate the removal of long service leave/additional annual leave ? Does their original contract have to have the additional leave clauses to match the collective agreement even though we don’t actually want to offer them this.

Can you clarify this subsection for me?

A: The 30-day rule is about the employee being under those rules for the first 30 days, if they do not decide to join the union and be under the terms of the CEA, there is no transition from the terms of the CEA to the IEA (in your example the long service leave and additional annual).

They should be seen as two different agreements from CEA to a IEA (employee choice).