AP811245 - Timber Industry – CFMEU Wood Panels – Award 2000
PART 2 - AWARD FLEXIBILITY
9. FACILITATIVE PROVISIONS
9.1 Agreement to vary award provisions
9.1.1 A facilitative provision is that part of an award clause which enables the enterprise, through the enterprise consultative mechanisms and procedures in the workplace, to determine the manner in which that clause may be applied at the enterprise.
9.1.2 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 enterprise level. The facilitative provisions are identified in 9.2.1, 9.3.1 and 9.4.1 hereof.
9.1.3 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached through the consultative mechanism 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 will they result in unfairness to an employee or employees covered by this award.
9.2 Facilitation by individual agreement
[9.2.1 varied by PR969388 ppc 10Mar06]
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, 9.2.3(a) and 9.2.3(b) hereof:
Subject |
Clause |
Variation to hours - part-time employment |
13.3.2 |
Time off instead of overtime payment |
29 |
Make-up time |
28 |
Annual leave - time of taking leave |
33.5 |
Annual Leave – broken leave |
33.10 |
9.2.2 Records kept
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.
9.2.3 Union involvement
9.2.3(a) Union representation
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.
9.2.3(b) Union participation
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.
9.3 Facilitation by majority or individual agreement
[9.3.1 varied by PR969388 ppc 10Mar06]
9.3.1 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 |
Clause |
Payment of wages |
22.1, 22.2, 22.3 |
Hours of work |
|
- method of arranging ordinary working hours |
24.1.1 |
- variation to spread of hours for day workers |
24.1.3 |
- ordinary hours of work for day workers on weekends |
24.2 |
- starting and finishing times |
24.1.2 |
Breaks – alteration of meal breaks for day workers |
25.2 |
Time off instead of overtime payment |
29 |
Changing public holidays |
38.4 |
Rostered days off |
26 |
Rostered days off – substitute days |
26.3 |
Hours – shift work |
30 |
9.3.2 Majority agreement
Where agreement has been reached with an individual employee or the majority of employees in the workplace or a section or sections of it to implement a facilitative provisions in 9.3.1 hereof, the employer may not implement that agreement unless it complies with 9.2.2, 9.2.3(a), 9.2.3(b) and 9.5 hereof.
9.4 Facilitation by majority agreement
[9.4.1 varied by PR969388 ppc 10Mar06]
9.4.1 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 |
Clause |
Meal breaks |
25 |
Ordinary hours of work - shift workers |
30.2 |
Night shift - averaging of shift allowances |
30.4.3 and 30.4.4 |
Annual leave - close down |
33.12 |
9.4.2 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 10.4.1 hereof that agreement will be binding on all such employees, provided the requirements of 10.2.2, 10.2.3(a), 10.2.3(b) and 10.5 hereof have been met.
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 shall be informed by the employer of the intention to use the facilitative provision and shall 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.
9.6 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 9.3 or 9.4 hereof 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.
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 12 – Disputes resolution procedure, of this award.
