AP781451CRV - Federal Meat Industry (Processing) Award 2000

PART 2 - AWARD FLEXIBILITY 

7. ENTERPRISE FLEXIBILITY

(See ss. 113A and 113B of the Act)

7.1 Subject to the provisions of clause 16 in this award, where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply:

7.1.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.

7.1.2 For the purpose of the consultative process the employees may nominate the Union or another person to represent them.

7.1.3 Where agreement is reached an application shall be made to the Commission.

7.2 Facilitative provisions

7.2.1 Agreement to vary award - general provisions

7.2.1(a) This clause contains facilitative provisions which allow agreement on how specific award provisions are to apply at the workplace or section or sections of it.

7.2.1(b) 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 unfaimess to an employee or employees covered by this award.

7.2.1(c) Some of the facilitative provisions allow an agreement between the employer and individual employees. Some of the facilitative provisions require an agreement between the employer and a majority of employees at the workplace or section or sections of it as the case may be.

7.3 Facilitation by individual agreement only

[7.3.1 varied by PR940412 from 01Jun04]

7.3.1 The following clauses may be the subject of facilitative provisions to be utilised by agreement between employer and an employee provided that the agreement complies with 7.3.2 and 7.3.3.

Subject matter	Clause number
Variation to hours for part-time employment	8.8
Make-up time	22
Breaks	23.1 and 23.3
Time off in lieu of payment for overtime	24.5

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

7.3.3 If the 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 employer about the implementation of the facilitative provisions.

7.3.4 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.

7.4 Facilitation by majority or individual agreement

7.4.1 The following clauses may be the subject of facilitative provisions to be utilised upon agreement between the employer and the majority of employees in the workplace or a section or sections of it as the case may be or, between the employer and an individual employee.

7.4.2 In the case of a majority agreement it must comply with 7.4.3. In the case of individual agreement it must comply with 7.4.4.

Subject matter	Clause number
Payment of wages	17
Ordinary hours of work for day workers on weekends	21.2
Variation to spread of hours for day workers	21.3
Methods of arranging ordinary working hours	21.10
Working in excess of five hours without a meal break	23.1.1
Shift work	25.4
Substitution of public holidays	31.4
Time of taking annual leave	26.5

7.4.3 Majority Agreement under 7.4

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 7.4.1 the employer may not implement that agreement unless it complies with 7.3.2, 7.3.3 and where specified 7.6.

7.4.4 Individual Agreement under 7.4

Where no agreement has been sought by the employer with the majority of employees in accordance with 7.4.3, the employer may seek to reach agreement with individual employees in the workplace, and such agreement will be binding on individual employees provided it complies with 7.3.2 and 7.3.3 and provided that the agreement is only with an individual employee or a number of individuals less than the majority in the workplace or a section or sections of it.

7.5 Facilitation by Majority Agreement

[7.5.1 varied by PR940412 from 01Jun04]

7.5.1 The following listed clauses may be the subject of facilitative provisions to be utilised by agreement between the employer and the majority of employees in the workplace or a section or sections of it as the case may be.

Subject matter	Clause number
Breaks	23.2
Shift work	25
Annual close down	26.9

7.5.2 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 7.5 that agreement shall be binding on all such employees, provided the requirements of 7.3.2, 7.3.3 and where specified 7.6 have been met.

7.6 Additional Safeguard

7.6.1 An additional safeguard applies to:

Subject matter	Clause number
Payment of wages	17
Shift worker	25

7.6.2 The additional safeguard requires that the unions which are party to the award and which have members employed at an establishment covered by the award shall be informed by the employer of the intention to use the facilitative provision and shall 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 at the enterprise.

7.7 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 7.4 or 7.5, 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.

7.8 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 11 - Procedure to avoid industrial disputation.

7.9 The provisions of clause 16 - Payment by results prevail over clause 7 - Enterprise flexibility to the extent of any inconsistency.