AN160741 – Coal Mining Industry (Engineers) Award 1990
Notwithstanding any other provision of this Award an employer, employees and the Union shall be permitted to negotiate Enterprise Agreements that comply with the following conditions:-
(1) An Agreement shall not, in the context of a total package, provide for a set of conditions of a lesser standard than that provided by the Award and no employee shall have a lesser income as a result of the conditions provided for in such Agreement.
(2) The majority of employees at each enterprise must genuinely agree to the implementation of such Agreement.
(3) The Union shall be a party to any Agreement.
(4) Any Agreement(s) may be approved by the Western Australian Coal Industry Tribunal and inserted as a schedule to the Award.
(5) An Agreement shall expressly stipulate the sections of the Award intended to be overridden as a consequence of the Agreement's operation.
(6) In the event of a dispute arising over the terms and conditions of an Enterprise Agreement, the matter may be referred to the Western Australian Coal Industry Tribunal for determination, subject to the provision of the Act.
