AP817693 - Kmart Australia Ltd Award 2002

PART 2 - AWARD FLEXIBILITY 

7. ENTERPRISE FLEXIBILITY PROVISIONS

Where Kmart or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply:

7.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.

7.2 For the purpose of the consultative process the employees may nominate the Union or another to represent them.

7.3 Where agreement is reached an application shall be made to the Commission.

7.4 At the Commission hearing, on application to vary the award, the Union is entitled to be heard if it has a member or members where employment would be regulated by the variation.