Consultation and Major Change. 1.10.1 This term applies if the Employer:
(a) has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its Employer that is likely to have a significant effect on the Employees; or
1.10.1 (b) proposes to introduce a change to the regular roster or Ordinary Hours of Employees.
1.10.2 For a major change referred to in Clause 1.10.1(a):
(a) the Employer must notify the Relevant Employees of the decision to introduce the major change; and 1.10.2(b) Clauses 1.10.3 to 1.10.16 apply.
1.10.3 The Relevant Employees may appoint a representative for the purposes of the procedures in this term.
1.10.4 If:
Consultation and Major Change. 5.1.1 This term applies if the Company:
(a) has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise that is likely to have a significant effect on the employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of work of employees.
5.1.2 For a major change referred to in 5.1.1 (a)
(a) the Company must notify the relevant employees of the decision to introduce the major change; and
(b) clauses 5.3.3 to 5.3.8 apply.
5.1.3 The relevant employees may appoint a representative for the purposes of the procedures in this term, if;
(a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b) the employee or employees advise the Company of the identity of the representative;
(c) the Company must recognise the representative.
5.1.4 As soon as practicable after making its decision, the Company must:
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the Company is taking to avert or mitigate the adverse effect of the change on the employees; and
(b) for the purposes of the discussion – provide, in writing, to the relevant employees:
(i) all relevant information about the change including the nature of the change proposed; and
(ii) information about the expected effects of the change on the employees; and
(iii) any other matters likely to affect the employees.
5.1.5 However, the Company is not required to disclose confidential or commercially sensitive information to the relevant employees.
5.1.6 The Company must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
5.1.7 If a term in this agreement provides for a major change to production, program, organisation, structure, or technology in relation to the enterprise of the Company, the requirements set out in clause 5.3.2 to
5.3.8 are taken not to apply.
Consultation and Major Change. 47.1 There shall be effective means of consultation, as set out below on matters of mutual interest and concern, both formal and informal consultation shall occur prior to the major change being implemented.
47.2 If the Employer has identified and decided to implement a major change in production, program, organisation, structure or technology that are likely to have significant effects on employees, the Employer must notify the employees who may be affected by the proposed changes, the TWU and recognise any appointed representative appointed by an affected Employee.
47.3 Significant effects include termination of employment; major changes in the composition, operation or size of the Employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of ordinary hours of work, including to regular work rosters; the need for retraining or transfer of Employees to other work or locations; and the restructuring of jobs. Provided that where this Agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
47.4 The Employer must discuss with the employees affected, the TWU and recognise any appointed representative of an affected Employee when they have decided to implement the changes referred to in subclause 47.3:
a. The effects the changes are likely to have on Employees; and
b. Measures to avert or mitigate the adverse effects of such changes on Employees.
c. The Employer must give prompt genuine consideration to matters raised by the Employees and/or the representative in relation to the changes.
47.5 The discussions regarding any possible implementation of major changes must commence as early as practicable after a decision to implement a major change has been made by the Employer as referred to in clause 47.3.
47.6 For the purposes of such discussion, the Employer must provide in writing to the Employees concerned, the TWU and recognise any appointed representative of affected Employees, if any. All relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that the Employer is not required to disclose confidential information the disclosure of which would be contrary to Employer’s interests.
47.7 The Employer is committed to minimising uncertainty and disruption to Employees th...
Consultation and Major Change. 2.1.1 Consultation process
(a) The parties agree that consultation under this Clause is a process which occurs prior to, not after, the making of a decision, it involves real listening on both sides and provides a genuine capacity to influence the outcome;
(b) Where the Council has made an in-principle decision to:
I. introduce a Major Change (2.1.2) to production, program, organisation, structure or technology that is likely to have a significant effect on the majority of Employees; or
II. propose change to the regular roster or Ordinary Hours of Work of Employees the Council must undertake consultation in accordance with this Clause;
III. Employees may appoint a representative to represent them during consultation under this Clause. The Council must recognise the representative following advice from the Employee as to the identity of their representative;
(c) As soon as practicable the Council must discuss with the Employees who may be affected by a change, the Union/s and the Employees’ chosen representative:
I. the introduction of the change;
II. the effect the change is likely to have on the Employees; and
III. measures the Council is taking to avert or mitigate the adverse effect of the change on the Employees;
(d) For the purposes of the discussion the Council must provide, in writing, to the relevant Employees:
I. all relevant information about the change including the nature of the change proposed;
II. information about the expected effects of the change on the Employees; and
III. any other matters likely to affect the Employees;
(e) The Council is not required to disclose confidential or commercially sensitive information to the relevant Employees;
(f) The Council shall invite the relevant Employees, the Union/s and any other representatives to give their views about the impact of the change, including any impact in relation to family or caring responsibilities;
(g) The Council must give prompt and genuine consideration to matters raised about major change by Employees, the Union/s or any other representative.
Consultation and Major Change
