Do averaging agreements that were approved by the Director of Employment Standards under the previous act still apply?
Averaging agreements approved by the Director of Employment Standards under the former ESA ceased to be valid on September 4, 2002 (one year after the new ESA came into effect) unless employees are represented by a union and a collective agreement applied to them when the new ESA came into effect (in which case the averaging agreement ceases to be valid once a new collective agreement comes into operation or, if no new collective agreement came into operation, one year after the previous collective agreement expired).
