AP765516 - Airline Operations (Qantas Airways Limited) Award 1999

11. INDEX OF FACILITATIVE PROVISIONS

11.1 Agreement to vary award provisions

11.1.1 This award contains facilitative provisions which allow for agreement between the Company, employees and if specified the relevant union or unions on how specific award provisions are to apply at the workplace or section or sections of it. The facilitative provisions are identified in 11.2, 11.3 and 11.4.

11.1.2 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award.

11.2 Facilitation by individual agreement

11.2.1 The following facilitative provisions can be utilised upon agreement between Company and an employee provided the agreement complies with 11.2.2 and 11.2.3.

Subject matter	Clause number
Special conditions	9
Hours of work – Part time employment	15.2.4
Payment of wages on termination	19.4.4
Time off between shifts	25.4.5
Make up time	25.6
Time off in Lieu of payment for overtime	26.5
Rest period after overtime	27.1.1
Meal break on overtime	27.2.2
Annual leave in one or more separate periods	28.3.2
Unpaid carer's leave	29.5.4
Rostered off shift falling on a public holiday	31.4.2

11.2.2 The agreement reached must be recorded in the time and wages record kept by the company in accordance with Division 1 of Part 9A of the Workplace Relations Regulations.

11.2.3 If an employee is a member of a union bound by the award, the employee may be represented by the union in meeting and conferring with the Company about the implementation of the facilitative provisions.

11.2.4 The union must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements.

11.3 Facilitation by majority or individual agreement

11.3.1 Subject to 11.3.2 and 11.3.3, the following facilitative provisions can be utilised upon agreement between the company and a majority of employees in the workplace a section or sections of it or the company and an individual employee.

Subject matter	Clause number
Methods of arranging ordinary hours	25.1.2(a) and 25.1.2(b)
Ordinary hours of work for dayworkers on weekends	25.2.1
Spread of hours - daywork	25.2.2

11.3.2 Majority agreement

Where agreement has been reached with the majority of employees in the workplace, or a section or sections of it, to implement a facilitative provision in 11.3.1 that agreement shall be binding on all such employees. Provided that the requirements of 11.2.2 and 11.2.3 are met.

11.3.3 Individual agreement

Where no agreement has been sought by the company with the majority of employees in accordance with 11.3.2, the Company may seek to reach agreement with individual employees in the workplace and such agreement will be binding on individual employees provided it complies with 11.2.2 and 11.2.3 and provided that the agreement and only with an individual employee or a number of individuals less than the majority in the workplace or sections of it.

11.4 Facilitation by majority agreement

11.4.1 The following facilitative provisions may only be utilised upon agreement between the company and the majority of employees in the workplace or a section or sections of it.

Subject matter	Clause number
Payment of wages	19.6.1 and 19.6.2
Twelve hour shifts	25.3
Shift cycles in excess of 28 days	25.4.1
Substituting public holidays	31.2

11.4.2 Where agreement has been reached with the majoirty of employees in the workplace, or a section or sections of it, to implement a facilitative provision in 11.4.1 that agreement shall be binding on all such employees, provided the requirements of 11.3.2, 11.3.3 and where specified 11.5 have been met.

11.5 Additional safeguard

11.5.1 An additional safeguard applies to:

Subject matter	Clause number
Shift cycles in excess of 28 days	25.4.1

11.5.2 The additional safeguard requires that the unions which are party to the award and which have members employed at the workplace will be informed by the company of the intention to use the facilitative provision and will be given a reasonable opportunity to participate in the negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements.

11.6 Majority vote at the initiation of the employer

A vote of employees in the workplace, or a section or sections of it, taken in accordance with 11.3 or 11.4 to determine if there is majority employee support for implementation of a facilitative provision, will be of no effect unless taken with the agreement of the employer.

11.7 Dispute over facilitation

In the event that a dispute or difficulty arises over the implementation or continued operation of a facilitative provision, the matter will be handled in accordance with the dispute resolution procedure in clause 13 – Dispute settling procedures.