AN150038 – Clerks (Retail Industry) Award

CLAUSE 6.4 SHIFT WORK
OPDATE 12:03:2004 on and from

6.4.1 Where an employer seeks to introduce shift work, such employer (or its representative) will consult and attempt to reach agreement with the appropriate Union(s). In the event of an agreement not being reached, the matter may be referred to the Commission for resolution.

6.4.2 Where agreement is reached between the parties that shift work may be introduced, the terms and conditions for the working of such shift work will be such terms and conditions as may be agreed between the parties or be the subject of an Order of the Commission (including the approval of an Enterprise Agreement within the meaning of Schedule 1 Transitional Provisions of the Act or an Enterprise Agreement under the Act).

6.4.2.1 In the event that the terms and conditions for the working of shift work are not to be the subject of an Order of the Commission, the parties will reduce to writing the details of their arrangement.

6.4.2.2 The Award will not apply to the extent of any inconsistency between the award and Order or agreement.

6.4.3 Where the Commission is called upon to arbitrate whether or not shift work should be introduced in a particular case, the Commission will determine the question in accordance with the Act; and where it determines that shift work should be introduced, will order such terms and conditions as it sees fit.