AN140318 – Wool Classers and Wool Sorters (Other than Wool Classers and Wool Sorters Employed in Shearing Sheds) Award - South-Eastern Division 2003
3.2.1 As part of the structural efficiency exercise and as an ongoing process, improvements in productivity and efficiency, discussion should take place at an enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the restructuring process and to encourage consultative mechanisms across the workplace to all employees in an enterprise and consideration of a single bargaining unit in all multi-union or multi-award workplaces.
3.2.2 The Consultative processes established in an enterprise in terms of this Award may provide an appropriate mechanism for consideration of matters relevant to this clause. Union delegates at the place of work may be involved in such discussions.
3.2.3 Any proposed genuine agreement reached between an employer and employee(s) in any enterprise is contingent upon -
(a) a majority of employees affected genuinely agreeing to the changes;
(b) the agreement being consistent with the current State Wage Case principles;
(c) the relevant union or unions (of employees or employers) being invited to participate in any discussions which involve alterations to award conditions, (and may be a party to any resultant agreement);
(d) changes sought in such agreements not affecting Award provisions reflecting currently established standards of the Commission;
(e) parties to such agreements acknowledging that the Commission does not intend that any employee should lose any existing entitlement to earnings, award or overaward, for working ordinary hours of work as a result of any award changes made as part of the implementation of the Structural Efficiency Principle.
3.2.4 The relevant industrial organizations (of employees or employers) shall not unreasonably withhold consent to an agreement reached between the parties.
3.2.5 As the enterprise agreement purports to alter award conditions:
(a) it is to be the subject of an application to the Commission for approval and is to have no force or effect until approval is given;
(b) the relevant industrial organizations of employees (and where appropriate of employers) are to be advised of such an application, its contents and the date of hearing.
3.2.6 Upon approval being given by the Commission the agreement shall be inserted as an award provision (as a schedule or otherwise) and take precedence over any provision of the relevant and named award to the extent of any inconsistency therewith.
3.2.7 Thereafter the agreement will have the effect of an award and is to be posted and displayed as required.
3.2.8 If the agreement is not approved it shall have no force or effect but may be remitted to the parties for further consideration.
3.2.9 Upon exhaustion of grievance procedure processes any disputed areas are subject to conciliation, mediation or arbitration.
