AN170088 – Retail Trades Award
(a) Notwithstanding anything contained in this award, but subject to the provisions of this clause, an enterprise agreement may be entered into between an employer and all or some of the employees engaged by that employer.
(b) An enterprise agreement shall be subject to the following requirements:
(i) The majority of employees affected by the change must genuinely agree to the change.
(ii) The agreement taken as a whole shall not confer a lesser benefit to any employee than is available under the award.
(iii) The relevant union or unions shall be advised by the employer of his or her intention to commence discussions with employees on an agreement under this clause.
(iv) the relevant union or unions must be a party to the agreement.
(v) The relevant union or unions shall not unreasonably oppose any agreement.
(c) An enterprise agreement shall be signed by the parties, being the employer and the union or unions, and contain the following:
(i) The terms of the agreement.
(ii) The parties covered by the agreement.
(iii) The classes of employees covered by the agreement.
(iv) The means by which a party may retire from the agreement.
(v) The means by which the agreement may be varied.
(vi) The means by which any dispute arising in respect to the agreement may be resolved.
(d) Any agreement which seeks to vary a provision of this award shall be referred to the Tasmanian Industrial Commission.
