Common use of Structural Efficiency Clause in Contracts

Structural Efficiency. a. The parties to this Agreement are committed to co-operating positively to increase efficiency and productivity within the Company and to enhance the career opportunities and job security of employees. b. The parties agree that a JCC shall be established and recommendations made to the Company in the consideration and implementation of all aspects of the structural efficiency principles of the National Wage Case, and on an ongoing basis facilitate employee involvement in issues that affect the work and conditions of those employed under this Agreement. The parties recognise that the deliberations of the JCC do not compromise the independent position of either the Company or the Union. i. Without limiting the scope of consultation and negotiation the primary matters for consideration by the JCC shall be those of a wide nature arising out of, or affecting employment with the Company. c. Measures raised for consideration consistent with clause 21(b) herein shall be related to: i. Further facilitative provisions being negotiated for this Agreement. ii. Matters concerning training. iii. Relaxation of demarcation issues. iv. A review of management and work practice inefficiencies. v. Identifying outdated agreements which inhibit the efficient and effective operation of the Company in carrying out its statutory responsibilities. d. Any disputes arising in relation to the implementation of the above shall be subject to relevant dispute/demarcation settling procedures contained in this agreement or be referred directly by either party to the FWC for conciliation and/or arbitration. e. Without limiting the rights of the parties to arbitration at any time, any other measures not referred to in clause 21c herein designed to increase flexibility within the Company and sought by any party shall be notified to the FWC and by agreement of the parties involved shall be implemented subject to the following requirements: i. The majority of Employees affected by the change at the workplace or within the Company must genuinely agree to the change. ii. No Employee shall suffer a loss in their ordinary rate of pay. iii. The parties shall not unreasonably oppose any agreement. iv. Any agreement shall be subject to approval by the FWC and if approved, shall operate as an Appendix to this agreement and take precedence over any provision of the Agreement to the extent of any inconsistency. Flexibility in Employment f. Consistent with the classification structure, the Company may direct an Employee to carry out such duties as are within the limits of the Employee’s skill, competence and training consistent with the qualification matrix and classification structure provided that such duties are not designed to promote deskilling. g. Consistent with the qualification matrix and classification structure, the Company may direct an Employee to carry out such duties and use such tools and equipment as may be required provided that the Employee has been properly trained in the use of such tools and equipment and that such duties are not designed to promote deskilling. h. Any direction issued by the Company pursuant to clauses 21f and 21g herein shall be consistent with the Company’s responsibilities to provide a safe and healthy working environment.