AP798297 - South Australian Government Departments and Instrumentalities (Metal Trades) Award 1999
11.1 Agreement to vary award provisions
11.1.1 This award contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it. The facilitative provisions are identified in 11.2,11.3 and 11.4.
11.1.2 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 unfairness to an employee or employees covered by this award.
11.2 Facilitation by individual agreement
11.2.1 The following facilitative provisions can be utilised upon agreement between employer and an employee provided that the agreement complies with 11.2.2, 11.2.3 and 11.2.4:
Subject matter |
Clause number |
Meal break |
27.5 |
11.2.2 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.
11.2.3 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.
11.2.4 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.
11.3 Facilitation by majority or individual agreement
11.3.1 Subject to 11.3.2 and 11.3.3, the following facilitative provisions can be utilised upon agreement between the employer and the majority of employees in the workplace or a section or sections of it or, the employer and an individual employee.
Subject matter |
Clause number |
Variation to spread of hours for day workers |
25.1.3 |
Methods of arranging ordinary working hours |
25.4.1 and 25.4.2 |
Working in excess of five hours without a meal break |
27.1.2 |
Substitution of public holidays |
26.4.5 |
11.3.2 Majority agreement
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 11.3.1, the employer may not implement that agreement unless it complies with 11.2.2, 11.2.3 and where specified 11.5.
11.3.3 Individual agreement
Where no agreement has been sought by the employer with the majority of employees in accordance with 11.3.2, 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 11.2.2 and 11.2.3. 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.
11.4 Facilitation by majority agreement
11.4.1 The following facilitative provisions may only be utilised upon agreement between the employer and the majority of employees in the workplace or a section or sections of it.
Subject matter |
Clause number |
Ordinary hours of work, continuous shift workers |
25.2.3 |
Ordinary hours of work, non-continuous shift workers |
25.3.2 |
12 hour shifts |
25.4.3 |
Public holiday shifts |
26.4.4 |
11.4.2 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 11.4.1, that agreement will be binding on all such employees, provided the requirements of 11.2.2, 11.2.3, 11.2.4 and where specified 11.5 have been met.
11.5 Additional safeguard
11.5.1 An additional safeguard applies to:
Subject matter |
Clause number |
Ordinary hours of work, continuous shift workers |
25.2.3 |
Ordinary hours of work, non-continuous shift workers. |
25.3.2 |
11.5.2 The additional safeguard requires 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 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.
11.6 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 11.3 or 11.4, 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.
11.7 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 13 – Dispute resolution procedure.
