AP795978 - Space Tracking Industry Award 1998
9.1 Agreement to vary award provisions
9.1.1 This award contains Facilitative provisions that allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or enterprise level. The Facilitative provisions are identified in 9.2 and 9.3.
9.1.2 The specific award provisions establish both the standard award condition and the frame work within which agreement can be reached as to how the particular provision should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award.
9.2 Facilitation by individual agreement.
9.2.1 The following Facilitative provisions can be utilised upon agreement between an employer and an employee provided that the agreement complies with 9.2.2.
9.2.2 The agreement reached must be recorded in the time and wages records kept by the employer in accordance with Division 1 of Part 9A of the Workplace Relations Regulations.
9.2.2(a) If an 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.
9.2.2(b) The union must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of Facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed Facilitative arrangements.
The items for negotiation are:
Clause number |
Subject |
12.4.1(c) |
Alteration to part time hours |
19.1.5 |
Non payment of tool allowance |
20.2.2 |
Payment of wages on termination of employment |
23.1.2 |
Alteration to meal breaks |
24.1.4(d) |
Time off in lieu of overtime |
24.5.4 |
Rest Period after Overtime |
25.7 |
Separate periods of annual leave |
29.1.5 |
Substitution of public holidays |
9.3 Facilitation by majority agreement
9.3.1 The following Facilitative provisions can be utilised upon agreement between the employer and the majority of employees in the workplace or part of it provided that the agreement complies with 9.3.2 and where specified 9.3.4.
9.3.2 9.2.1 and 9.2.2 must be complied with.
9.3.3 It is an additional requirement that the unions which are party to the award and which have members employed at an enterprise covered by the award will be informed by the employer of the intention to use the Facilitative provision and will be given a reasonable opportunity to participate in 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.
9.3.4 The clauses to which 9.3.3 will apply are:
Clause numbers |
Title |
21.2.3 |
Ordinary hours – continuous shift workers |
21.3.2 |
Ordinary hours - non-continuous shift workers |
21.4.2 and 21.4.3 |
Methods of arranging ordinary hours |
21.4.4 |
Introduction of 12 hour shifts |
22.1 |
Definition of shifts |
21.3.1 |
Alteration to time for taking meal break |
25.1.1(b) |
Annual leave - calculation in hours |
26.1.1(b) |
Personal leave - calculation in hours |
29.1.5(a) |
Substitution of Public Holidays |
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 10.2.
