AN150011 – AWU/CFMEU Construction and Maintenance Award (South Australia) 1989

CLAUSE 43. JOB REPRESENTATIVES
OPDATE 15:03:91 1st pp on or after

(a) An employee who, pursuant to the Constitution and General Rules of the union, is appointed or elected to the position of job representative shall be recognised as such by the employer and shall be allowed all reasonable time without loss of pay during working hours to attend to industrial matters on the site or to attend hearings and conferences before an appropriate industrial tribunal. An employer shall where possible, allow reasonable access to telephone and facsimile facilities and shall also ensure privacy.

(b) Prior to dismissal or transfer of a job representative, two days notice in addition to the notice prescribed in clause 12 of this award shall be given to such representative and the union. Payment in lieu of notice shall not be given. In the event of the union disputing the decision of management to transfer the job representative or terminate his services he shall remain on the job during which time the Commission shall deal with the matter.

The union shall, within three working days of notifying the management that it disputes the decision to transfer or terminate the job representative, request the Registrar or Deputy Registrar in writing to appoint a board of reference to deal with the matter.

The union and the employer shall do all things necessary to enable the board to sit within ten working days of the management decision to transfer or terminate the job representative. If the board cannot sit within ten working days because of the employer's failure to nominate representatives, or their unavailability to sit on the board, the decision to transfer or terminate the job representative shall be null and void.

If the board cannot sit within ten working days because of the union's failure to nominate representatives, or their unavailability to sit on the board, the job representative's transfer or termination shall automatically take effect at the expiry of the period of ten working days.

Provided that nothing in this subclause shall prevent the parties proceeding by agreement to have the matter settled by the Commission.

Provided further that nothing in this clause shall affect the right of the employer to dismiss a job representative without notice for misconduct or refusing duty.