AN160133 – Foremen (Building Trades) Award 1991

23. - STRUCTURAL EFFICIENCY EXERCISE

(1) (a) An employer may direct a foreman to carry out such duties as are within the limits of the employee's skills, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

(b) Any direction issued by an employer shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

(2) The parties to this award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the building and construction industry and to enhance the career opportunities and job security of employees in the industry.

(3) The parties will give consideration to establishing a working party for the testing and/or trialling of various skill levels and to enable proper consultation to take place with both foremen and employers in the industry on matters consistent with the objectives of subclause (2) herein. The parties shall process any such matters through that working party.

(4) Measures raised for consideration consistent with subclause (3) herein should include implementation of a new classification structure, any facilitative provisions contained in this award and matters concerning training.

(5) Without limiting the rights of either an employer or a Union to arbitration, any other measure designed to increase flexibility on a site or within an enterprise sought by any party may by agreement of the parties involved be implemented subject to the following requirements:

(a) the changes sought shall not affect provisions reflecting National standards;

(b) the parties will consider the implications of the proposed measures for existing on-site arrangements;

(c) the majority of employees affected by the change at the site or enterprise must genuinely agree to the change;

(d) the relevant Union or Unions must be a party to the agreement;

(e) no employee shall lose income as a result of the change;

(f) any agreement shall be subject, where appropriate, to approval by the Western Australian Industrial Relations Commission and, if approved, shall operate as a Schedule to this Award and take precedence over any provision of this award to the extent of any inconsistency.

(6) Award restructuring should be given its wider meaning and should not be confined to restructuring classifications but may extend to the review of other restrictive provisions which currently operate. To that end, such restrictive provisions will be reviewed on an ongoing basis.

(7) The parties to this award recognise that in order to increase the efficiency, productivity and international competitiveness of industry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:

(a) developing a more highly skilled work force;

(b) providing foremen with career opportunities through appropriate training to acquire additional skills; and

(c) removing barriers to the utilisation of skills acquired and required.