AN160080 – Clerks' (Wholesale & Retail Establishments) Award No. 38 of 1947

36. - AWARD MODERNISATION (ENTERPRISE AGREEMENTS)

(1) The parties are committed to modernising the terms of this award.

(2) Employers and employees covered by this award may reach agreement at the level of individual enterprises to provide for more flexible working arrangements, improved quality of working life, enhanced skills and job satisfaction. Such Enterprise Agreements may involve a variation in the application of award provisions in order to meet the requirements of individual enterprises and their employees. Agreements may be negotiated and consequential award variations processed in accordance with subclause (3) of this clause.

(3) The Union will discuss all matters relating to increased flexibility that are raised by the employer. Any such discussion with the Union shall be on the premise that:

(a) The majority of employees at the enterprise must genuinely agree.

(b) No employee will lose income as a result of the change.

(c) The Union must be party to the agreement, in particular, where enterprise level discussions are considering matters requiring any award variation, the Union shall be invited to participate.

(d) The Union shall not unreasonably oppose any agreement.

(e) Agreements are to be submitted for ratification by the Western Australian Industrial Relations Commission.