AP789529CRV - Metal, Engineering and Associated Industries Award 1998
2.2.1 Agreement to vary award provisions
2.2.1(a) 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 2.2.2, 2.2.3 and 2.2.4.
2.2.1(b) 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.
2.2.2 Facilitation by individual agreement
[Pt I:Pt 2:2.2.2(a) corrected by Q2704 from 01Jul98; varied by PR901028 ppc 01Mar01 for Part I; PR901028 varied by PR903178 ppc 16Apr01 re Parts II, III, V and VI]
2.2.2(a) The following facilitative provisions can be utilised upon agreement between employer and an employee provided that the agreement complies with clause 2.2.2(b), (c)(i) and (ii):,
4.2.3(d)(ii) |
Minimum Engagement for Casuals |
4.2.4(a)(iii) |
Minimum Engagement for Part-time Employee |
4.2.4(b)(iii) |
Variation to hours Part-time Employment |
5.9.1(d)(ii) |
Tool Allowance |
6.1.6 |
Make-up Time |
6.3.5 |
Meal Break |
6.4.1(d) |
Time off in Lieu of Payment for Overtime |
6.4.4(d) |
Rest Period after Overtime |
7.1.7(b) |
Annual Leave in One or More Separate Periods |
7.1.9(c) |
Time of Taking Annual Leave |
2.2.2(b) 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.
2.2.2(c)(i) 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.
(ii) 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.
2.2.3 Facilitation by majority or individual agreement
[Pt I:Pt 2:2.2.3(a) varied by PR901028 ppc 01Jun01]
2.2.3(a) Subject to paragraphs (b) and (c) of this subclause, 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.
4.2.3(b)(viii) |
Period for Casual Election to Convert |
5.11.1(b) |
Payment of Wages |
6.1.1(b) |
Ordinary hours of Work for Day Workers on Weekends |
6.1.1(c) |
Variation to Spread of Hours for Day Workers |
6.1.4(a) & (b) |
Methods of Arranging Ordinary Working Hours |
6.2.1 |
Shift Definitions |
6.3.1(b) |
Working in Excess of Five Hours without a Meal Break |
7.5.1(e) |
Substitution of Public Holidays |
2.2.3(b) 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 2.2.3(a), the employer may not implement that agreement unless:
(i) it complies with 2.2.2(b), 2.2.2(c) and where specified 2.2.5; and
(ii) agreement has been reached with each individual employee to be covered by the facilitative provision.
2.2.3(c) Individual Agreement
Where no agreement has been sought by the employer with the majority of employees in accordance with 2.2.3(b), 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 2.2.2(b) and (c) and 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.
2.2.4 Facilitation by Majority Agreement
2.2.4(a) 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.
6.1.2(c) |
Ordinary Hours of Work, Continuous Shift Workers |
6.1.3(b) |
Ordinary Hours of Work, Non-continuous Shift Workers |
6.1.4(c) |
12 Hour Shifts |
6.2.4(d) |
Public Holiday Shifts |
7.1.1(a)(ii) |
Period of Annual Leave |
7.1.12(d)(iii) |
Annual Close Down |
2.2.4(b) 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 2.2.4(a), that agreement shall be binding on all such employees, provided the requirements of 2.2.2(b), 2.2.2(c) and where specified 2.2.5 have been met.
2.2.5 Additional Safeguard
[Pt I:Pt 2:2.2.5(a) corrected by Q2704 from 01Jul98]
2.2.5(a) An additional safeguard applies to:
5.11.1(b) |
Period of Payment of Wages |
6.1.2(c) |
Ordinary Hours of Work, Continuous Shift Workers |
6.1.3(b) |
Ordinary Hours of Work, Non-Continuous Shift Workers. |
[Pt I:Pt 2:2.2.5(b) varied by PR955055 ppc 17Jan05]
2.2.5(b) 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 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.
2.2.6 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 2.2.3 or 2.2.4, 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.
2.2.7 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 3.2
