AT812785CNV - Transport Workers’ (Refuse, Recycling and Waste Management) Award 2001 [Transitional]
10.1 Agreement to vary award provisions
10.1.1 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 10.2.1 and 10.3.
10.1.2 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.
10.2 Facilitation by individual agreement
10.2.1 The following facilitative provisions can be utilised upon agreement between employer and an employee provided that the agreement complies with 10.2.2 and 10.3.
Clause 12.3.2 |
Regular part-time employees |
Clause 28.2 |
Payment of wages |
Clause 32.3.1(e) |
Hours of work - changing RDOs |
Clause 32.6 |
Make-up time |
Clause 33.10.3 |
Crib time during shiftwork |
Clause 33.5 |
Shiftwork variation by agreement |
Clause 35.6 |
Time off instead of payment for overtime |
Clause 36.4.2 |
Meal times |
Clause 37.16 |
Annual leave - single days |
Clause 37.4.2 |
Annual leave - time when leave is to be granted |
Clause 38.2.2 |
Holiday substitute day |
Clause 40.3.4 |
Maternity leave |
Clause 40.3.7 |
Special maternity leave |
10.2.2 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.
10.2.3 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.
10.2.4 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.
10.3 Facilitation by majority agreement
10.3.1 The following facilitative provisions may only be utilised upon agreement between the employer and the majority of employees in the workplace or part of it. Once such an agreement has been reached the particular form of flexibility agreed upon may be utilised by agreement between the employer and an individual employee without the need for the majority to be consulted.
Subclause 38.2.1 – holiday substitute day
10.3.2 Paragraphs 10.2.2 and 10.2.4 must be complied with.
10.4 Additional safeguard
10.4.1 An additional safeguard applies to:
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
10.4.2 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.
10.5 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 10.3 to determine if there is a majority employee support for implementation of a facilitative provision, will be of no effect, unless taken with the agreement of the employer.
10.6 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 11 - Settlement of disputes.
