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AP784988CRV - Insurance Industry Award 1998

PART 2 - AWARD FLEXIBILITY 

7. FACILITATIVE PROVISIONS

7.1 Definitions

A “facilitative provision” is that part of an award clause which enables agreement at enterprise level to determine the manner in which that clause is applied at the enterprise. A facilitative provision normally provides that the standard approach in an award provision may be departed from by agreement between an individual employer and an employee or the majority of employees in the enterprise or part of the enterprise concerned. Where an award clause contains a facilitative provision it establishes both the standard award condition and the framework within which agreement can be reached as to how the particular clause should be applied in practice.

7.2 This award contains facilitative provisions that allow agreement between an employer and employees on how specific award provisions are to apply to an enterprise at the workplace level.

7.3 The facilitative provisions included in the various clauses of the award require somewhat different procedures for their implementation.

7.3.1 Facilitation by majority agreement

A number of provisions require agreement between the employer and the majority of employees in the workplace or part of it. Once such an agreement has been reached the form of flexibility agreed on may be used by agreement between the employer and an individual employee.

The facilitative provision in Clause 18 - Hours is illustrative.

18.1.2 allows the spread of hours prescribed in the clause to be varied by agreement between the employer and the majority of the employees at the workplace. And 18.1.3 allows agreement to be reached between individual employees and the employer on the starting and finishing times to apply to that employee within the spread of hours agreed by the majority.

Where an agreement of the majority of employees at a workplace is required for the facilitation of the provision this is clearly stated in the particular clause.

7.3.2 Facilitation by individual agreement

A number of the provisions allow flexibility by agreement reached between individual employees and their employer.

7.3.2(a) There are some provisions which allow these individual agreements to be reached only after the award provision has been changed by agreement between the majority of employees in an enterprise or in part of an enterprise. Again the provision in Clause 18 - Hours relating to the change in the spread of hours is a clear example of this type of provision.

7.3.2(b) Other provisions allow agreement between individual employees and their employer without reference to the majority or any involvement of the union. The make-up time provisions in Clause 18 - Hours are an example.

7.4 Any agreement reached must be recorded in the time and wages records by the employer in accordance with Division 1 of Part 9A of the Workplace Relations Regulations.

7.5 In some instances where the union has members employed at the enterprise it must be informed by the employer of the intention to use the facilitative provision and be given a reasonable opportunity to participate in negotiations regarding its use.

Union involvement does not mean that the consent of the union is required prior to the introduction of the agreed facilitative provision. Instances where advice to the union is required and the union’s right to be involved are clearly stated in the clause containing the facilitative provision.

7.6 Clauses which contain facilitative provisions are listed below:

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