AP782505CR - Graphics Arts - General - Award 2000
2.3.1 This award contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it.
2.3.2 The facilitative provisions are identified below. They establish both the standard award conditions and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award.
2.3.3 Such agreements may be between:
2.3.3(a) the employer and the employee; or
2.3.3(b) the employer and a majority of employees at the workplace.
2.3.4 Where an award provision only permits agreement to be reached with the majority of employees in the workplace, section or sections of it, and agreement has been reached with the majority of employees to implement the provision, that agreement will be binding on all employees in such workplace, section or section of it.
2.3.5 Levels of facilitative provisions
Each award clause which can be altered at the workplace has a level of facilitation (1 - 3) attached to it. Set out below are the three levels of facilitation:
2.3.5(a) Level 1
An employee or employees and the employer agree on the application of an award clause. The agreement is recorded in the Time and Wages Records kept by the employer under Division 1 of Part 9A of the Workplace Relations Regulations.
2.3.5(b) Level 2
2.3.5(b)(i) An employee or employees and the employer agree on the application of an award clause. The employee(s) may request the union or other representative. Such representative must be given a reasonable opportunity to participate in the discussions leading up to any agreement. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.
2.3.5(b)(ii) Where agreement is reached, the agreement is recorded in the Time and Wages Records kept by the employer under Division 1 of Part 9A of the Workplace Relations Regulations.
2.3.5(c) Level 3
2.3.5(c)(i) Where the union has members employed at an enterprise covered by the award the union must be informed by the employer of the intention to use the facilitative provision and must be given a reasonable opportunity to participate in the negotiations. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.
2.3.5(c)(ii) An employee may request to be represented by any other representative who must be given a reasonable opportunity to participate in the negotiations.
2.3.5(c)(iii) After agreement is reached a cooling off period of seven days commences. During the cooling off period, either party may withdraw their consent to the agreement. At the end of the cooling off period, the agreement is deemed to have been made and takes effect. The agreement is then recorded in the Time and wages records kept by the employer under Division 1 of Part 9A of the Workplace Relations Regulations.
2.3.6 Dispute over facilitation
In the event that a dispute or difficulty arises over the implementation or continued operation of a facilitative provision, the matter will be handled in accordance with the dispute resolution procedure in 3.2 - Dispute settlement procedure.
2.3.7 Clauses which may be altered using the levels of facilitation
[2.3.7(a) corrected by S2976 from 01Feb00]
4.1.3(b)
Part-time hours of work
Level 1
4.1.4(c)(v)
Full-time and part-time casual employment
Level 1
6.1.5
Makeup time
Level 1
6.4.9
Time off in lieu of payment for overtime
Level 1
7.1.3(b)
Taking annual leave within two years of accrual
Level 1
7.1.4(b)
How annual leave can be taken
Level 1
2.3.7(b) Individual or majority agreement
6.1.1(a) |
Altering the spread of hours - day work (process set out in clause) |
Level 2 |
6.2.2 |
Alteration of span of hours - shiftworker (process set out in clause) |
Level 2 |
2.3.7(c) Majority agreement
[2.3.7(c) corrected by S2976 from 01Feb00]
6.1.1(b)(iii)
Hours in excess of 8.75 up to ten hours - day work -Level 1
6.1.1(b)(iv)
Hours in excess of 10 and less than 12 - Level 3
6.1.1(b)(iv)
Twelve ordinary hours - day work - Level 3 and 6.1.4(f)
6.1.1(c)
Length of work cycle - day work - Level 2
6.1.1(d)
Ordinary hours worked on Saturday and/or Sunday- day work - Level 3
6.1.2(a)(iii)
Hours in excess of 8.75 up to ten hours –other than continuous shift work - Level 1
6.1.2(a)(iv)
Hours in excess of 10 and less than 12 – Level 3
6.1.2(a)(iv)
Twelve ordinary hours - other than continuous shift work - Level 3 and 6.1.4(f)
6.1.2(b)
Length of work cycle - other than continuous shift work -Level 2
6.1.2(d)
Ordinary hours worked on Saturday and/or Sunday- other than continuous shift work - Level 3
6.1.3(b)(iii)
Hours in excess of 8 up to ten hours – continuous shift work - Level 1
6.1.3(b)(iv)
Hours in excess of 10 and less than 12 – Level 3
6.1.3(b)(iv)
Twelve ordinary hours - continuous shift work - Level 3 and 6.1.4(f)
6.1.3(c)
Length of work cycle - continuous shift workers -Level 2
6.1.3(f)
Ordinary hours worked on Saturday and/or Sunday – continuous shift work - Level 3
7.5.3(a)
Substitution of a public holiday - Level 1
