Common use of WORKPLACE FLEXIBILITY Clause in Contracts

WORKPLACE FLEXIBILITY. 50.1 The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 This clause applies to a proposal by an agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way it is intended to operate. The agency will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) Consultation in respect of a Workplace Flexibility Proposal will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met. (d) Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the schedule.

Appears in 3 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Wages Parity Enterprise Agreement

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WORKPLACE FLEXIBILITY. 50.1 ‌ 17.1 The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 17.2 This clause applies to a proposal by an agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) 17.2.1 Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 17.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: to operational efficiency and productivity; productivity work and non-work impacts on individual affected employees; employees and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE CPE for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) 17.2.3 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met. (d) 17.2.4 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) 17.2.5 A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: 3 Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the schedule.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 14.1 The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 14.2 This clause applies to a proposal by an agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) 14.2.1 Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 14.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) 14.2.3 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met. (d) 14.2.4 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) 14.2.5 A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the schedule.

Appears in 2 contracts

Samples: Enterprise Agreement, South Australian Government Wages Parity (Weekly Paid) Enterprise Agreement 2010

WORKPLACE FLEXIBILITY. 50.1 13.1 The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 13.2 This clause applies to a proposal by an agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) 13.2.1 Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 13.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE Commissioner for Public Employment for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) 13.2.3 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met. (d) 13.2.4 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) 13.2.5 A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the schedule.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 19.1 The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 19.2 This clause applies to a proposal by an agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) 19.3 Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 19.4 Consultation in respect of a Workplace Flexibility Proposal will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) 19.5 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met. (d) 19.6 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) 19.7 A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 45: Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the schedule.

Appears in 2 contracts

Samples: Enterprise Agreement, South Australian Public Sector Wages Parity Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 2.3.1 The parties agree that an agency Agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 2.3.2 This clause applies to a proposal by an agency Agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) 2.3.3 Where an agency Agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency Agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency Agency will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace ANMF and will consult with the employee representative/s ANMF and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 2.3.4 Consultation in respect of a Workplace Flexibility Proposal will have regard to: to operational efficiency and productivity; productivity work and non-work impacts on individual affected employees; employees and whether the Proposal has policy implications across agencies Agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise AgreementANMF, or the Agency may refer the Proposal to the CPSE Chief Executive DHW or DHS (as appropriate) for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreementthe ANMF, and wider consultation as appropriate. (c) 2.3.5 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency Agency and the relevant employee representative/s party to this Enterprise Agreement have ANMF has agreed that this requirement has been met. (d) 2.3.6 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) 2.3.7 A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements an appendix to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation No Extra Claims clause in this Enterprise Agreement (clause 1.11.4) and will operate only in respect of the agency Agency and workplace specified within the scheduleWorkplace Flexibility Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 41.1 The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 41.2 This clause applies to a proposal by an agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) Consultation in respect of a Workplace Flexibility Proposal will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met. (d) Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the schedule. 42. TRAINING AND DEVELOPMENT 42.1 The parties are committed to, and acknowledge the mutual benefit to the employer and employee of planned human resource development and the provision and participation in relevant development opportunities (including accredited training). 42.2 The parties acknowledge that value is created for employees, agencies, and the public by building employee capability and by investing in the development of skills and capabilities that will support a continually changing public sector environment, career opportunities, flexibility and responsiveness to client and agency needs and the reputation of the public sector as an employer of choice. 42.3 The parties acknowledge that agencies will continue to implement the principles contained in the Guideline for Planned Human Resource Development and the Guideline for Individual Performance Development issued by the CPSE (or other such guidelines as may be issued by an agency).

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 38.1 The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 38.2 This clause applies to a proposal by an agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) 38.2.1 Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 38.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) 38.2.3 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met. (d) 38.2.4 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) 38.2.5 A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the schedule.

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 13.1 The parties agree that an agency the Employer may negotiate and reach agreement at a workplace level with employees within that workplace (including a group or an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 13.2 This clause applies to a proposal by an agency the Employer or employee/s within a workplace to negotiate and agree on flexible employment arrangements to operate within a workplace (a Workplace Flexibility Proposal). (a) 13.2.1 Where an agency the Employer or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency Employer or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency Employer will provide such information to such employee representative/s party to this Enterprise Agreement that it the Employer believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 13.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sectorother Parliament House workplaces. Where such policy implications arise, the affected employee/s, (or relevant employee representative/s party to this Enterprise Agreement) or the Employer, may refer the Proposal to the CPSE Management Advisory Committee (MAC) for consultation with those employee/s and with relevant employee representative/s party to this Enterprise AgreementAgreement (for the purposes of this clause the MAC is as defined under the Parliament (Joint Services) Act 1985). (c) 13.2.3 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met). (d) 13.2.4 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) 13.2.5 A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and individual, group or workplace specified within the schedulespecified.

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 14.1 The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 14.2 This clause applies to a proposal by an agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) 14.2.1 Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 14.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE CE, DAIS for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) 14.2.3 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met. (d) Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the schedule.

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 11.1 The parties agree that an agency employing authority may negotiate and reach agreement at a workplace level (e.g. health unit, health unit site or unit within such site) with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 11.2 This clause applies to a proposal by an agency the employer or employee/s within a workplace to negotiate and agree flexible employment arrangements arrangements, including hours of work, to operate within a workplace (a Workplace Flexibility Proposal”).Proposal (WFP).‌ (a) 11.2.1 Where an agency the employer or employee/s intends employees intend to initiate a Workplace Flexibility ProposalWFP, the initiator will notify the agency employer or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency employer will provide such this information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace Association and will consult with the employee representative/s Association and affected employee/s employee(s) in accordance with the consultative principles in this Enterprise Agreement. (b) 11.2.2 Consultation in respect of a Workplace Flexibility Proposal WFP will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, s or relevant employee representative/s party to this Enterprise Agreement, may the employer will refer the Proposal WFP to the CPSE for consultation with those employee/s and with relevant employee representative/s party to this Enterprise AgreementDHA. (c) A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met. (d) 11.2.3 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility ProposalWFP, the employment arrangements arrangement agreed will be provided in writing as a Workplace Flexibility Agreement (WFA) specifying: • The unit where the proposal will apply; • The date of commencement of the varied arrangements; • Minimum staffing levels to be maintained by the employer for the purposes of the proposal; • A date of review for the agreed arrangements; and • Any other agreed matter relating to the proposal. 11.2.4 The WFA will apply as if incorporated as an appendix a Schedule to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) 11.2.5 A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement WFA as a schedule within Appendix 4: Workplace Flexibility Agreements Schedule to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreementsuch WFA. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and WFA will operate only in respect of the agency employing authority and workplace specified within the scheduleSchedule. 11.3 Nothing in this clause will allow shift lengths greater than 14 hours duration to be agreed for MPG employees.

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 13.1 The parties agree that an agency the Employer may negotiate and reach agreement at a workplace level with employees within that workplace (including a group or an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 13.2 This clause applies to a proposal by an agency the Employer or employee/s within a workplace to negotiate and agree on flexible employment arrangements to operate within a workplace (a Workplace Flexibility Proposal). (a) 13.2.1 Where an agency the Employer or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency Employer or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency Employer will provide such information to such employee representative/s party to this Enterprise Agreement that it the Employer believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 13.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sectorother Parliament House workplaces. Where such policy implications arise, the affected employee/s, (or relevant employee representative/s party to this Enterprise Agreement) or the Employer, may refer the Proposal to the CPSE Management Advisory Committee (MAC) for consultation with those employee/s and with relevant employee representative/s party to this Enterprise AgreementAgreement (for the purposes of this clause the MAC is as defined under the Parliament (Joint Services) Act 1985). (c) 13.2.3 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met. (d) Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the schedule.

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 17.1 The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 17.2 This clause applies to a proposal by an agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) 17.2.1 Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 17.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: to operational efficiency and productivity; productivity work and non-work impacts on individual affected employees; employees and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE CPE for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) 17.2.3 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met.met.‌‌ (d) 17.2.4 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) 17.2.5 A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: 3 Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the schedule.

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 13.1 The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 13.2 This clause applies to a proposal by an agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) 13.2.1 Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 13.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: to operational efficiency and productivity; productivity work and non-work impacts on individual affected employees; employees and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE Commissioner for Public Employment for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) 13.2.3 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met. (d) 13.2.4 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) 13.2.5 A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: 3 Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the schedule.

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 21.1 The parties agree that an agency ForestrySA may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 21.2 This clause applies to a proposal by an agency ForestrySA or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) 21.2.1 Where an agency ForestrySA or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency ForestrySA or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency ForestrySA will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 21.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: to operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) 21.2.3 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met). (d) 21.2.4 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) 21.2.5 A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements to this Agreement to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. . 21.3 The parties agree that any such application for the purposes of a proposed variation to this Agreement to incorporate a Workplace Flexibility Agreement as a schedule to this Agreement will be dealt with in accordance with taken to have been agreed by the Variation clause in this Enterprise Agreement and will operate only in respect parties if a majority of the agency and workplace specified within employees affected by it have voted to accept the scheduleWorkplace Flexibility Agreement. 21.4 All Workplace Flexibility Agreement will be subject to review by the parties during the re- negotiation of this Agreement on the reaching of its expiry date.

Appears in 1 contract

Samples: Enterprise Agreement

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WORKPLACE FLEXIBILITY. 50.1 11.1 The parties agree that an agency a Chief Officer may negotiate and reach agreement at a workplace level with employees within that workplace (including a group or an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 11.2 This clause applies to a proposal by an agency a Chief Officer or employee/s within a workplace to negotiate and agree on flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) 11.2.1 Where an agency a Chief Officer or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency Chief Officer or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency Chief Officer will provide such information to such employee representative/s party to this Enterprise Agreement that it the Chief Officer believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 11.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sectorother Parliament House workplaces. Where such policy implications arise, the affected Staff Employed Under the Parliament (Joint Services) Act 1985 Enterprise Agreement 2010 employee/s, (or relevant employee representative/s party to this Enterprise Agreement) or the Chief Officer, may refer the Proposal to the CPSE Management Advisory Committee (MAC) for consultation with those employee/s and with relevant employee representative/s party to this Enterprise AgreementAgreement (for the purposes of this clause the MAC is as defined under the Parliament (Joint Services) Act 1985). (c) 11.2.3 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met. (d) Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the schedule.

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 4.14.1. The parties agree that an agency ForestrySA may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ employees family and other non-work responsibilities). 50.2 4.14.2. This clause applies to a proposal by ForestrySA or an agency or employee/s within a workplace employee(s) to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a4.14.3. Where ForestrySA or an employee(s) Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency ForestrySA or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency ForestrySA will provide such information to such employee representative/s representative(s) party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s representatives and affected employee/s employee(s) in accordance with the consultative principles in this Enterprise AgreementAgreement as set out in clause 3.1. (b) 4.14.4. Consultation in respect of a Workplace Flexibility Proposal will have regard to: to operational efficiency and productivity; productivity as well as work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) 4.14.5. A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable favorable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed Agreement. An individual employee shall reserve the right not to be met where the relevant agency and the relevant employee representative/s party disadvantaged by adverse non-work impacts arising in respect to this Enterprise Agreement have agreed that this requirement has been meta workgroup Workplace Flexibility Proposal being implemented. (d) 4.14.6. Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) A party may apply 4.14.7. The parties agree that for the purposes of a proposed variation to vary this Enterprise Agreement to add any incorporate a Workplace Flexibility Agreement as a schedule within Appendix 4: to this Agreement will be taken to have been agreed by the parties if a majority of the employees affected by it have voted to accept the Workplace Flexibility Agreement. 4.14.8. All Workplace Flexibility Agreements will be subject to remove any uncertainty in review by the operation parties during the renegotiation of this clause in giving effect to any Agreement on the reaching of its expiry date. All Workplace Flexibility AgreementAgreements shall be for a term not exceeding 12 months. The parties agree that any such application will be dealt with in accordance with Either party may terminate a Workplace Flexibility Agreement by providing at least 28 days written notice to the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the scheduleother party.

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 11.1 The parties agree that an agency a Chief Officer may negotiate and reach agreement at a workplace level with employees within that workplace (including a group or an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 11.2 This clause applies to a proposal by an agency a Chief Officer or employee/s within a workplace to negotiate and agree on flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) 11.2.1 Where an agency a Chief Officer or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency Chief Officer or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency Chief Officer will provide such information to such employee representative/s party to this Enterprise Agreement that it the Chief Officer believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 11.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sectorother Parliament House workplaces. Where such policy implications arise, the affected employee/s, (or relevant employee representative/s party to this Enterprise Agreement) or the Chief Officer, may refer the Proposal to the CPSE Management Advisory Committee (MAC) for consultation with those employee/s and with relevant employee representative/s party to this Enterprise AgreementAgreement (for the purposes of this clause the MAC is as defined under the Parliament (Joint Services) Act 1985). (c) 11.2.3 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award). Staff Employed Under the Parliament (Joint Services) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Act 1985 Enterprise Agreement have agreed that this requirement has been met.2013 (d) 11.2.4 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) 11.2.5 A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and individual, group or workplace specified within the schedulespecified.

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 11.1 The parties agree that an agency a Chief Officer may negotiate and reach agreement at a workplace level with employees within that workplace (including a group or an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 11.2 This clause applies to a proposal by an agency a Chief Officer or employee/s within a workplace to negotiate and agree on flexible employment arrangements to operate within a workplace (a Workplace Flexibility Proposal). (a) 11.2.1 Where an agency a Chief Officer or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency Chief Officer or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency Chief Officer will provide such information to such employee representative/s party to this Enterprise Agreement that it the Chief Officer believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 11.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sectorother Parliament House workplaces. Where such policy implications arise, the affected employee/s, (or relevant employee representative/s party to this Enterprise Agreement) or the Chief Officer, may refer the Proposal to the CPSE Management Advisory Committee (MAC) for consultation with those employee/s and with relevant employee representative/s party to this Enterprise AgreementAgreement (for the purposes of this clause the MAC is as defined under the Parliament (Joint Services) Act 1985). (c) 11.2.3 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met). (d) 11.2.4 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) 11.2.5 A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and individual, group or workplace specified within the schedulespecified.

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 2.3.1 The parties agree that an agency Agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 2.3.2 This clause applies to a proposal by an agency Agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) 2.3.3 Where an agency Agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency Agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency Agency will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace ANMF and will consult with the employee representative/s ANMF and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 2.3.4 Consultation in respect of a Workplace Flexibility Proposal will have regard to: to operational efficiency and productivity; productivity work and non-work impacts on individual affected employees; employees and whether the Proposal has policy implications across agencies Agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise AgreementANMF, or the Agency may refer the Proposal to the CPSE Chief Executive DHA or DCSI (as appropriate) for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreementthe ANMF, and wider consultation as appropriate. (c) 2.3.5 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency Agency and the relevant employee representative/s party to this Enterprise Agreement have ANMF has agreed that this requirement has been met. (d) 2.3.6 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) 2.3.7 A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements an appendix to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation No Extra Claims clause in this Enterprise Agreement (clause 1.11.4) and will operate only in respect of the agency Agency and workplace specified within the scheduleWorkplace Flexibility Agreement.

Appears in 1 contract

Samples: Nursing/Midwifery (South Australian Public Sector) Enterprise Agreement 2016

WORKPLACE FLEXIBILITY. 50.1 4.14.1 The parties agree that an agency ForestrySA may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ employees family and other non-work responsibilities). 50.2 4.14.2 This clause applies to a proposal by ForestrySA or an agency or employee/s within a workplace employee(s) to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a4.14.3 Where ForestrySA or an employee(s) Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency ForestrySA or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency ForestrySA will provide such information to such employee representative/s representative(s) party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will xxxx consult with the employee representative/s representatives and affected employee/s employee(s) in accordance with the consultative principles in this Enterprise AgreementAgreement as set out in Clause 3.1. (b) 4.14.4 Consultation in respect of a Workplace Flexibility Proposal will have regard to: to operational efficiency and productivity; productivity as well as work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) 4.14.5 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable favorable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed Agreement. An individual employee shall reserve the right not to be met where the relevant agency and the relevant employee representative/s party disadvantaged by adverse non-work impacts arising in respect to this Enterprise Agreement have agreed that this requirement has been meta workgroup Workplace Flexibility Proposal being implemented. (d) 4.14.6 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) A party may apply 4.14.7 The parties agree that for the purposes of a proposed variation to vary this Enterprise Agreement to add any incorporate a Workplace Flexibility Agreement as a schedule within Appendix 4: to this Agreement will be taken to have been agreed by the parties if a majority of the employees affected by it have voted to accept the Workplace Flexibility Agreement. 4.14.8 All Workplace Flexibility Agreements will be subject to remove any uncertainty in review by the operation parties during the renegotiation of this clause in giving effect to any Agreement on the reaching of its expiry date. All Workplace Flexibility AgreementAgreements shall be for a term not exceeding 12 months. The parties agree that any such application will be dealt with in accordance with Either party may terminate a Workplace Flexibility Agreement by providing at least 28 days written notice to the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the scheduleother party.

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 41.1 The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 41.2 This clause applies to a proposal by an agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) Consultation in respect of a Workplace Flexibility Proposal will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met. (d) Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the schedule.

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 24.1 The parties agree that an agency the Chief Executive Officer may negotiate and reach agreement at a workplace level with employees within that the workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 24.2 This clause applies to a proposal by an agency the Adelaide Cemeteries Authority or employee/s within a the workplace to negotiate and agree flexible employment arrangements to operate within a the workplace (a “Workplace Flexibility Proposal”). (a) 24.2.1 Where an agency the Adelaide Cemeteries Authority or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency Adelaide Cemeteries Authority or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency Adelaide Cemeteries Authority will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 24.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: to operational efficiency and productivity; productivity work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this E&EO Without Prejudice Ballot Version Enterprise Agreement, may refer the Proposal to the CPSE for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) A Workplace Flexibility Proposal may not be put to a vote by affected Agreement – Weekly Paid Employees 15 employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Awardthe Award as far as it is applicable) provided that this requirement will be deemed to be met where the relevant agency Adelaide Cemeteries Authority and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met. (d) Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the schedule.

Appears in 1 contract

Samples: Enterprise Agreement

WORKPLACE FLEXIBILITY. 50.1 ‌ 13.1 The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities). 50.2 13.2 This clause applies to a proposal by an agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”). (a) 13.2.1 Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way manner in which it is intended to operate. The agency will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement. (b) 13.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: to operational efficiency and productivity; productivity work and non-work impacts on individual affected employees; employees and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE Commissioner for Public Employment for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement. (c) 13.2.3 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met. (d) 13.2.4 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Agreement (a “Workplace Flexibility Agreement”). (e) 13.2.5 A party may apply to vary this Enterprise Agreement to add any Workplace Flexibility Agreement as a schedule within Appendix 4: 3 Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will be dealt with in accordance with the Variation clause in this Enterprise Agreement and will operate only in respect of the agency and workplace specified within the schedule.

Appears in 1 contract

Samples: Enterprise Agreement

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