EMPLOYER PREFERENCE Sample Clauses
The EMPLOYER PREFERENCE clause establishes that the employer has the authority to make decisions or set conditions based on their own preferences within the scope of the agreement. In practice, this may allow the employer to choose among qualified candidates, determine work assignments, or select vendors or suppliers, provided such choices do not violate other contractual or legal obligations. The core function of this clause is to give the employer flexibility and discretion in managing aspects of the employment relationship or business operations, thereby ensuring that the employer's interests and operational needs are prioritized.
EMPLOYER PREFERENCE. 2.1.1 The Employer recognises that permanent employment is the preferred form of engagement for employees covered by this Agreement.
2.1.2 The Employer recognises that casual employment, labour hire and other contract for service arrangements are not the preferred methods for delivery of services, and the Employer will work towards minimising the use of casual employment, labour hire and other contract for service arrangements.
2.1.3 Within sixty (60) days of a request being made in writing, the Employer will provide to the Union the names of the labour hire businesses used; the functions undertaken; the headcount number of labour hire employees performing the work; and the amount of money paid to each labour hire business.
2.1.4 Prior to engaging, or extending the engagement of, a labour hire employee, or otherwise entering into a new or extended labour hire arrangement, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required.
2.1.5 All duties undertaken by labour hire employees will be assessed every three (3) months for the possibility of a Surplus employee instead undertaking the role or duties. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment.
2.1.6 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply for access to the role or duties:
a) internal Surplus employees are considered first;
b) if no Surplus employees are suitable, Registered employees from other employing authorities are considered; and
c) if no Registered employees are suitable, Registrable employees from other employing authorities are considered.
EMPLOYER PREFERENCE. 10.1 The Employer recognises that permanent employment is the preferred form of engagement for Employees covered by this General Agreement.
10.2 The Employer recognises that casual employment, labour hire, and other contract for service arrangements are not the preferred methods for delivery of services, and the Employer will work towards minimising the use of casual employment, labour hire and other contract for service arrangements.
10.3 The Employer recognises that fixed term contract and casual employment are required to allow flexibility in appropriate circumstances for both Employers and Employees.
10.4 Within 60 days of a request being made in writing, the Employer will provide to the Union the names of the labour hire businesses used; the functions undertaken; the headcount number of labour hire employees performing the work; and the amount of money paid to each labour hire business.
10.5 Prior to engaging, or extending the engagement of, a labour hire employee, or otherwise entering into a new or extended labour hire arrangement, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. All duties undertaken by labour hire employees will be assessed every three months for the possibility of a Surplus employee instead undertaking the role or duties. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment.
10.6 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply for access to the role or duties:
(a) internal Surplus employees are considered first;
(b) if no internal Surplus employees are suitable, Registered employees from other employing authorities are considered; and
(c) if no Registered employees are suitable, Registrable employees from other employing authorities are considered.
EMPLOYER PREFERENCE. In the event a Jurisdictional Dispute exists, the following procedure shall be followed to resolve the dispute. Employer agrees to meet with the disputing Union representatives within forty-eight (48) hours and attempt to resolve the dispute. If no agreement is reached by the Local Business Manager, the District Council shall be notified and the dispute shall again be attempted to be settled at that level. If an agreement is not reached at that level, the International Union shall be notified requesting representatives for a settlement attempt. Resolvement of disputes shall be in accordance with decisions or agreements of record or practice in the locality. The Employer shall make the work assignment decision for every job site jurisdictional dispute, when agreed upon, will be recorded in writing signed by the Employer and retained by the parties concerned. Provided however, the Employer shall not be liable for any back pay award if the jurisdictional assignment is changed as a result of this process. Assignments of work shall only be made by the Employer and not by any of his foremen or superintendent(s).