AP791396CRV - National Electrical, Electronic and Communications Contracting Industry Award 1998

PART 2 – AWARD FLEXIBILITY 

9. ENTERPRISE FLEXIBILITY

9.1 In this case the relevant union means the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, hereafter called the relevant union, provided that the union has one or more members employed by the employer to perform work in the relevant enterprise of workplace.

Note: The failure by an employer to give the relevant union an opportunity to be involved in the consultative process leading to the making of an agreement may result in the Commission adjourning or refusing the application to vary the award.

9.2 At each enterprise or workplace, consultative mechanisms and procedures shall be established comprising representatives of the employer and employees. The relevant union shall be entitled to be represented.

9.3 The particular consultative mechanisms and procedures shall be appropriate to the size, structure and needs of the enterprise or workplace.

9.4 The purpose of the consultative mechanisms and procedures is to facilitate the efficient operation of the enterprise or workplace according to its particular needs.

9.5 Where agreement is reached at an enterprise or workplace through such consultative mechanisms and procedures, and where giving effect to such agreement requires this award, as it applies at the enterprise or workplace, to be varied, an application to vary shall be made to the Commission. The agreement shall be made available in writing to all employees at the enterprise or workplace and to the relevant union, prior to the application being made to the Commission.

9.6 Where this award is varied to give effect to an agreement made pursuant to this clause, the variation shall become a schedule to this award and the variation shall take precedence over any provision of this award to the extent of any expressly identified inconsistency.

9.7 The agreement must meet the following requirements to enable the Commission to vary this award to give effect to it:

9.7.1 that the purpose of the agreement is to make the enterprise or workplace operate more efficiently according to its particular needs;

9.7.2 that at least 66% of the employees covered by the agreement genuinely agree to it;

9.7.3 that it meets the requirements of the no disadvantage test set out in the Workplace Relations Act 1996 (the Act).