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MA000073 - Food, Beverage and Tobacco Manufacturing Award 2010

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<strong>Food</strong>, <strong>Beverage</strong> <strong>and</strong> <strong>Tobacco</strong> <strong>Manufacturing</strong> <strong>Award</strong> <strong>2010</strong><br />

Clause number Provision<br />

30.2(b)<br />

Ordinary hours of work for day workers on weekends<br />

30.2(c)<br />

Variation to the spread of hours for day workers<br />

30.5(a)<br />

Methods of arranging ordinary working hours<br />

31.2 Variation to the spread of hours for shiftworkers<br />

32.1(b)<br />

Working in excess of five hours without a meal break<br />

37.2 Substitution of public holidays<br />

(b)<br />

Where agreement is reached between the employer <strong>and</strong> the majority of<br />

employees in the workplace or a section or sections of it to implement a<br />

facilitative provision in clause 8.3(a), the employer must not implement that<br />

agreement unless:<br />

(i)<br />

(ii)<br />

agreement is also reached between the employer <strong>and</strong> each individual<br />

employee to be covered by the facilitative provision; <strong>and</strong><br />

the agreement reached is kept by the employer as a time <strong>and</strong> wages<br />

record.<br />

(c)<br />

Where no agreement has been sought by the employer with the majority of<br />

employees in accordance with clause 8.3(b), the employer may reach<br />

agreement with individual employees in the workplace or a section or sections<br />

of it <strong>and</strong> such agreement binds the individual employee provided the agreement<br />

reached is kept by the employer as a time <strong>and</strong> wages record <strong>and</strong> provided the<br />

agreement is only with an individual employee or a number of individual<br />

employees less than the majority in the workplace or a section or sections of it.<br />

8.4 Facilitation by majority agreement<br />

(a)<br />

(b)<br />

The following facilitative provisions may only be utilised by agreement<br />

between the employer <strong>and</strong> the majority of employees in the workplace or a<br />

section or sections of it:<br />

Clause number<br />

30.3(c)<br />

30.4(b)<br />

30.5(c)<br />

31.5(d)<br />

Provision<br />

Ordinary hours of work, continuous shiftworkers<br />

Ordinary hours of work, non-continuous shiftworkers<br />

12 hour days or shifts<br />

Public holiday shifts<br />

34.2 Conversion of annual leave to hourly entitlement<br />

34.9(g)<br />

Annual close down<br />

Where agreement is reached with the majority of employees in the workplace<br />

or a section or sections of it to implement a facilitative provision in<br />

clause 8.4(a), that agreement binds all such employees provided the agreement<br />

reached is kept by the employer as a time <strong>and</strong> wages record.<br />

10 <strong>MA000073</strong>

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