Common use of Alternative Working Arrangement Clause in Contracts

Alternative Working Arrangement. By due consultation and written agreement between the employer and the employees, the ordinary hours of work may be altered from those allowed under clause 37 - Hours of Work, clause 39 – Work & Meal Breaks, or clause 40 – Overtime, to suit the needs of a particular enterprise, factory, workshop or section, subject to: (a) Employees may nominate a representative, which may be the union, to consult with the Employer regarding changes under this sub-clause. Where there are union members employed at the enterprise, and the majority of members request the union to be consulted, that consultation will take place at least five days prior to the introduction of the proposed alteration; (b) The agreement must be made by at least 60% of employees in the enterprise, factory, workshop or section affected by the alteration; (c) No employee shall experience a loss of ordinary time pay or status as a result of the alteration; (d) Such an arrangement shall, where there is an inconsistency with any term of the abovementioned clauses, prevail over the clause or clauses to the extent of the inconsistency; (e) For the purposes of this subclause “section” means a clearly identifiable production process.