Innovative Clauses in Enterprise Agreements

By ACIRRT

The ADAM Report this quater looked at clauses covering flexibility in hours and remuneration, drug and alchol policies and training.

Flexibility in Hours and Remuneration

Flexibility in hours remains an important issue for employers and for workers in recently registered agreements. Several agreements this quarter have innovative provisions concerning the flexible use of extra hours worked. Banking of hours can provide employers with numerical flexibility, allowing them to call on workers during periods of peak demand, while allowing greater time-off during quieter periods. Such arrangements can also help employees to use their time more effectively and reduce absenteeism.

The first provision is from a local council agreement. It stipulates the establishment of a "Wet Weather Bank". Extra hours worked will be banked, and at times when wet weather prevents work being done and no job-related training is possible, management may direct employees to take some of their banked time off. At the end of the year, each employee may decide to have any time saved in the Wet Weather Bank greater than 17 hours paid out in single time, added to their time off in lieu account, or granted as extended annual leave, in which case 17% leave loading is added.

The second agreement is from the transport industry. Here, payment for extra time worked is withheld and added to a Wage Accrual entitlement. These entitlements are paid to the employees as a lump sum at the end of each year or in special circumstances of financial difficulty. They may also be converted into a paid leave day at the request of the employee.

Drug and Alcohol Policies

Several agreements from this quarter contain innovative clauses dealing with drug and alcohol in the workplace. This trend is becoming more prevalent in enterprise agreements. Such policies can highlight safety principles and to set parameters for good employee conduct. Good examples of drug and alcohol policies clearly delineate the expectations of employers and provide employees with clear guidelines for behaviour as well as providing workers with procedures on how to deal with the issue amongst their colleagues.

In all three sample clauses there is great emphasis on the securing safe work environments free from unnecessary risks for employees and for the general public. Smoking is a related issue which is beginning to be dealt with more seriously with consideration of employees' through the establishment of smoke free zones.

The first agreement, from the agricultural industry, places an emphasis on the safety of the employees and the general public and sets out some of the duties and responsibilities of the employees. It provides detailed procedures which are to be followed if an employee is found to be in breach of the policy.

The following two agreements come from the building and construction industries and are concerned with providing an environment that is free from added dangers and risks to their employees, associates and the general public. In the first, the emphasis of the clause is on safety, efficiency, productivity and quality. The second agreement recognises the effects prescription medication may have on the ability of an employee to perform their duties safely.

Training

Training continues to be a crucial issue in Australian workplaces as they seek ways to improve productivity. Competency-based, on-the-job training is important for developing the skills of the workforce. However, employees are also taking greater responsibility for their own education and skills development through higher levels of technical and higher education.

The following training clause from the manufacturing industry provides a good-practice example from the agreements coded this quarter. The clause provides a comprehensive approach to training, recognising the needs of both the company and the employees. Training introduced through this clause is competency-based, modular and self-paced, and skills acquisition is linked to promotion and is based on identified skill needs. The company also encourages and provides assistance to employees who improve their own skill base by completing tertiary studies.

(ADAM Report no 42, September 2004)