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

CLAUSE 56. ENTERPRISE FLEXIBILITY
OPDATE 01:05:99 1st pp on or after

(a) In this Clause a Relevant Association means an organisation of employees that:

(i) has an interest in this Award; and

(ii) has one or more members employed by the employer to perform work in the relevant enterprise or workplace.

[NOTE: The failure by an employer to give each relevant association an opportunity to be involved in the consultative process leading to the making of an agreement may result in the Commission adjourning or refusing the application to vary the Award.]

(b) At each enterprise or workplace, consultative mechanisms and procedures will be established comprising representatives of the employer and employees. Each relevant association will be entitled to be represented.

(c) The particular consultative mechanisms and procedures will be appropriate to the size, structure and needs of the enterprise or workplace.

(d) The purpose of the consultative mechanisms and procedures is to facilitate the efficient operation of the enterprise or workplace according to its particular needs.

(e) Where agreement is reached at an enterprise or workplace through such consultative mechanisms and procedures, and where giving effect to such agreement requires this Award, as it applies at the enterprise or workplace, to be varied, an application to vary will be made to the Commission. The agreement will be made available in writing, to all employees at the enterprise or workplace and to the Associations having an interest in the Award.

(f) When this Award is varied to give effect to an agreement made pursuant to this Clause the variation will become a Schedule to this Award and the variation will take precedence over any provision of this Award to the extent of any expressly identified inconsistency.

(g) The agreement must meet the following requirements to enable the Commission to vary this Award to give effect to it:

(i) that the purpose of the agreement is to make the enterprise or workplace operate more efficiently according to its particular needs;

(ii) that the majority of employees covered by the agreement genuinely agree to it;

(iii) that the award variation necessitated by the agreement meets the requirements of Section 79 of the Act.