Australia Post General Conditions of Employment Award 1999
AP766597 - Australia Post General Conditions of Employment Award 1999
9. INDEX OF FACILITATIVE PROVISIONS
9.1 Agreement to Vary Operation of Award Provisions
9.1.1 This award contains facilitative provisions which allow agreement to be reached between Australia Post and employees on how specific award provisions are to apply at the workplace or enterprise level. The facilitative provisions are identified in paragraphs 9.2.1 and 9.3.1.
9.1.2 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provision should be applied in practice.
9.1.3 Facilitative provisions are not be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award. Employees are not to be coerced to reach agreement on facilitative provisions.
9.1.4 Where relevant circumstances change, any party involved can review the arrangements established under these facilitative provisions, and can, subject to an appropriate period of notice, withdraw their agreement.
9.2 Facilitation by Individual Agreement
[9.2.1 varied by S8152 from 15Nov99]
9.2.1 The following facilitative provisions can be utilised upon agreement between Australia Post and an employee provided that the agreement complies with clause 9.2.2, 9.2.3 and 9.2.4.
Subject matter |
Clause number |
Hours of Duty |
21.2 |
Notice of Reduction in Hours - Part-Time Employees |
21.3.3 |
Hours of Duty - Make Up Time |
21.4 |
Hours of Duty - Meal Break |
21.5 |
Overtime - Time Off Instead of Payment |
22.2 |
Seven Day Shift Workers-Additional R/L-Payment in Lieu |
25.8.1 |
Seven Day Shift Workers - Payment for Public Holidays
|
25.8.2 |
Substitution of Public Holidays by Agreement |
31.4 |
9.2.2 The agreement reached must be recorded in the time and wages records kept by Australia Post in accordance with Division 1 of Part 9A of the Workplace Relations Regulations.
9.2.3 The employee may be accompanied by a person of their choice including a union representative in meeting and conferring with Australia Post about the implementation of the facilitative provisions.
9.2.4 The union must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of a facilitative provision for one or more of its members. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements.
9.3 Facilitation by Majority Agreement
[9.3.1 varied by S4324 ppc 15Nov99]
9.3.1 The following facilitative provisions can be utilised upon agreement between Australia Post and the majority of employees in the workplace or part of it provided that the agreement complies with 9.2.2, 9.2.3 and 9.2.4. Unions with members employed in the workplace or part of it, shall be informed of the intention to use the facilitative provisions.
Subject matter |
Clause number |
Hours of Duty - Meal Break – Technical Employees |
10.3 of the Australia Post Technical Award 1999. |
Hours of Duty |
21.2 |
Hours of Duty - Meal Break |
21.5 |
In the event that a dispute or concern arises over the implementation or continued operation of a facilitative provision, the matter will be handled under the arrangements in clause 11 – Dispute resolution process.
