AP787043 - Liquefied Petroleum Gas Industry Award 1998

PART 2 – ENTERPRISE FLEXIBILITY 

10. ENTERPRISE FLEXIBILITY

10.1 At each enterprise a procedure is to be established whereby an employer, the employees and their relevant union or unions may pursue an agreement about the application of an award matter subject to the requirements of subclause (d) and clause 2.2.

10.2 Where an agreement is reached between the employer and the employees and their relevant union or unions at the enterprise and where giving effect to such agreement requires this award, as it applies to the enterprise, to be varied, an application will be made to the Australian Industrial Relations Commission.

10.3 Where this award is varied to give effect to an agreement made pursuant to this clause, the agreement will become a schedule to this award and the agreement will take precedence over any part of this award to the extent of the inconsistency.

10.4 The agreement must meet the following requirements:

10.4.1 the purpose of the agreement must be to make the enterprise operate more efficiently according to its particular needs;

10.4.2 the agreement must be approved by a valid majority of the persons employed at the time whose employment will be subject to the agreement;

10.4.3 the employer must take reasonable steps to ensure that:

10.4.3(a) at least 14 days before any approval is given, all the persons either have, or have ready access to, the agreement in writing; and

10.4.3(b) before any approval is given, the terms of the agreement are explained to all persons;

10.4.4 the relevant union or unions must be a party to the agreement.

10.5 The agreement must not disadvantage employees. An agreement disadvantages employees only if its implementation would result, on balance, in a reduction in overall terms and conditions of employees under this award.