AN170120 – Metal and Engineering Industry Award
(a) The parties to this award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the industry and to enhance the career opportunities and job security of employees in the industry.
(b) At each plant or enterprise, an employer, the employee and or their relevant union(s) shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of that plant or enterprise. Measures raised by the employer, employees and/or union(s) for consideration shall be processed through that consultative mechanism and procedures.
(c) Measures raised for consideration with subclause (b) herein shall be related to implementation of the new classification structure, the facilitated provisions contained in this award and matters concerning training.
(d) Without limiting the rights of either an employer or a union to arbitration, any other measure designed to increase flexibility at the plant or enterprise and sought by any party shall be subject to the following requirements:
(i) the changes sought shall not seek to alter provisions reflecting state standards;
(ii) the majority of employees affected by the change must genuinely agree to the change;
(iii) the agreement taken as a whole shall not confer lesser benefit to any employee than is available under the award;
(iv) 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;
(v) the relevant union or unions must be party to the agreement;
(vi) the relevant union or unions shall not unreasonably oppose any agreement;
(vii) where an agreement affects a provision of this award, it shall be referred to the Tasmanian Industrial Commission for registration pursuant to Section 55 of the Act.
(e) Any disputes arising in relation to the implementation of subclauses (b) and (c) herein shall be subject to the provisions of Part VII - CONSULTATION AND DISPUTE RESOLUTION, Clause 1 - Disputes and Grievance Procedures.
