2.11 Under the provisions of the CEC Act, collective bargaining is not freely available to all workers. Employers are able to enter into individual agreements, even if employees prefer collective bargaining. The ACTU proposal argued that the law undermined the rhetoric of „choice“ because employers have the right to choose the form of bargaining in the workplace and the right to refuse joint bargaining with their employees.  ActU President Sharan Burrow described a number of cases where employers refused to negotiate collective agreements, even though workers have democratically pricing their support.  These agreements allow employers to set employment conditions that are appropriate for their business. The conditions in the agreement are in addition to the minimum conditions set out in national employment standards. In the federal public service, the Department of Employment and Labour Relations reported that as of December 31, 2004, out of 124,500 permanent public and parliamentary employees, 11,085 AWAs (for 1928 Senior Executive Service (SES), for which AWAs are mandatory, and 9,157 other employees.  The remaining permanent staff were covered by 101 certified agreements as of 30 March 2005, including 70 trade union enterprise agreements and 31 non-union enterprise agreements.  2.66 The Committee considers it to be a wall of fog. To assert that the conditions of attribution are „protected by law,“ as state publicity explains, is a deception.
The idea that employees will be able or willing to negotiate claims is contrary to the reality of A.A. This report showed that it will be easy for employers to present „Take it or leave it“ to new or existing workers who exclude many awarding conditions. It is a ridiculous proposition to pretend that workers will have a say in this area, let alone be aware of what they are signing. By May 2004, AEAs had achieved coverage of about 2.4% of the workforce. On March 19, 2008, the Senate passed a bill preventing the development of new AWAAs and introducing provisions for the transfer of AWAs workers into intermediate contracts.  2.33 One of the main concerns, particularly for workers in low-paying jobs, is the calculation and consideration of wages in AWAs, resulting in significant savings for employers relative to the conditions of allocation. A typical AWA replaces duties such as occasional and weekend charges with an „all-in“ or annualized salary, instead of paying an hourly rate plus penalties. This will not always compensate workers for the loss of income from these other rights on which many low wages depend to get by.
 These results are consistent with Dr. Kristen van Barneveld`s survey that AWAs employees in the hospitality and restaurant sector are less likely to receive a pay increase during the duration of their agreement than employees covered by certified agreements.