Common use of Consultation on Major Change Clause in Contracts

Consultation on Major Change. 55.1 This term applies if the CEO: (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. 55.2 For a major change referred to in paragraph 55.1(a): (a) The CEO must notify the relevant employees of the decision to introduce the major change; and (b) Clauses 55.3 to 55.9 apply. 55.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 55.4 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 CEO of the identity of the representative; the CEO must recognise the representative. 55.5 As soon as practicable after making their decision, the CEO 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 employer 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. 55.6 However, the CEO is not required to disclose confidential or commercially sensitive information to the relevant employees. 55.7 The CEO must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 55.8 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the ACSQHC, the requirements set out in paragraph 55.2(a) and clauses 55.3 and 55.5 are taken not to apply. 55.9 In this term, a major change is likely to have a significant effect on employees if it results in: (a) The termination of the employment of employees; or (b) Major change to the composition, operation or size of the ACSQHC’s workforce or to the skills required of employees; or (c) The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) The alteration of hours of work; or (e) The need to retrain employees; or (f) The need to relocate employees to another workplace; or (g) The restructuring of jobs. 55.10 For a change referred to in paragraph 55.1(b): (a) The CEO must notify the relevant employees of the proposed change; and (b) Clauses 55.11 to 55.15 apply. 55.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 55.12 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 CEO of the identity of the representative; the CEO must recognise the representative. 55.13 As soon as practicable after proposing to introduce the change, the CEO must: (a) Discuss with the relevant employees the introduction of the change; and (b) For the purposes of the discussion—provide to the relevant employees i. All relevant information about the change, including the nature of the change; and ii. Information about what the CEO reasonably believes will be the effects of the change on the employees; and iii. Information about any other matters that the CEO reasonably believes are likely to affect the employees; and (c) Invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 55.14 However, the CEO is not required to disclose confidential or commercially sensitive information to the relevant employees. 55.15 The CEO must give prompt and genuine consideration to matters raised about the change by the relevant employees. 55.16 In this term: Relevant employees means the employees who may be affected by a change referred to in clause 55.1.

Consultation on Major Change. 55.1 53.1 This term applies if the CEO: (a) Has 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 proposes to introduce a change to the regular roster or ordinary hours of work of employees. 55.2 53.2 For a major change referred to in paragraph 55.1(a53.1(a): (a) The the CEO must notify the relevant employees of the decision to introduce the major change; and (b) Clauses 55.3 clauses 53.3 to 55.9 53.9 apply. 55.3 53.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 55.4 53.4 If: (a) A a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) The the employee or employees advise the CEO of the identity of the representative; the CEO must recognise the representative.representative.‌ 55.5 53.5 As soon as practicable after making their decision, the CEO must: (a) Discuss discuss with the relevant employees: i. The the introduction of the change; and ii. The the effect the change is likely to have on the employees; and iii. Measures measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) For for the purposes of the discussion—provide, in writing, to the relevant employees: i. All all relevant information about the change including the nature of the change proposed; and ii. Information information about the expected effects of the change on the employees; and iii. Any any other matters likely to affect the employees. 55.6 53.6 However, the CEO is not required to disclose confidential or commercially sensitive information to the relevant employees. 55.7 53.7 The CEO must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 55.8 53.8 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the ACSQHC, the requirements set out in paragraph 55.2(a53.2(a) and clauses 55.3 53.3 and 55.5 53.5 are taken not to apply. 55.9 53.9 In this term, a major change is likely to have a significant effect on employees if it results in: (a) The the termination of the employment of employees; or (b) Major major change to the composition, operation or size of the ACSQHC’s workforce or to the skills required of employees; or (c) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) The the alteration of hours of work; or (e) The the need to retrain employees; or (f) The the need to relocate employees to another workplace; or (g) The the restructuring of jobs. 55.10 53.10 For a change referred to in paragraph 55.1(b53.1(b): (a) The the CEO must notify the relevant employees of the proposed change; and (b) Clauses 55.11 clauses 53.11 to 55.15 53.15 apply. 55.11 53.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 55.12 53.12 If: (a) A a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) The the employee or employees advise the CEO of the identity of the representative; the CEO must recognise the representative.representative.‌ 55.13 53.13 As soon as practicable after proposing to introduce the change, the CEO must: : (a) Discuss discuss with the relevant employees the introduction of the change; and (b) For the purposes of the discussion—provide to the relevant employees i. All relevant information about the change, including the nature of the change; and ii. Information about what the CEO reasonably believes will be the effects of the change on the employees; and iii. Information about any other matters that the CEO reasonably believes are likely to affect the employees; and (c) Invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 55.14 However, the CEO is not required to disclose confidential or commercially sensitive information to the relevant employees. 55.15 The CEO must give prompt and genuine consideration to matters raised about the change by the relevant employees. 55.16 In this term: Relevant employees means the employees who may be affected by a change referred to in clause 55.1.

Consultation on Major Change. 55.1 5.1. This term applies if the CEOemployer: (a) Has 5.1.1. 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 5.1.2. proposes to introduce a change to the regular roster or ordinary hours of work of employees.. MAJOR CHANGE 55.2 5.2. For a major change referred to in paragraph 55.1(a(5.1.1): (a) The CEO 5.2.1. the employer must notify the relevant employees of the decision to introduce the major change; and 5.2.2. subclauses (b5.3) Clauses 55.3 to 55.9 (5.4.5) apply. 55.3 5.3. The relevant employees may appoint a representative for the purposes of the procedures in this term. 55.4 term If: (a) A 5.3.1. a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) The 5.3.2. the employee or employees advise the CEO employer of the identity of the representative; the CEO employer must recognise the representative. 55.5 5.4. As soon as practicable after making their its decision, the CEO employer must: (a) Discuss 5.4.1. discuss with the relevant employees: i. The (a) the introduction of the change; and ii. The (b) the effect the change is likely to have on the employees; and iii. Measures (c) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) For 5.4.2. for the purposes of the discussion—discussion – provide, in writing, to the relevant employees: i. All (a) all relevant information about the change including the nature of the change proposed; and ii. Information (b) information about the expected effects of the change on the employees; and iii. Any (c) any other matters likely to affect the employees. 55.6 5.4.3. However, the CEO employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 55.7 5.4.4. The CEO employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 55.8 5.4.5. If a term in this Agreement agreement provides for a major change to production, program, organisation, structure or technology in relation to the ACSQHCenterprise of the employer, the requirements set out in paragraph 55.2(a) 5.2.2 and clauses 55.3 subclauses 5.3 and 55.5 5.4 are taken not to apply. 55.9 5.4.6. In this term, a major change is likely to have a significant effect on employees if it results in: (a) The the termination of the employment of employees; or (b) Major major change to the composition, operation or size of the ACSQHCemployer’s workforce or to the skills required of employees; or (c) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) The the alteration of hours of work; or (e) The the need to retrain employees; or (f) The the need to relocate employees to another workplace; or (g) The the restructuring of jobs.. CHANGE TO REGULAR ROSTER OR ORDINARY HOURS OF WORK 55.10 5.5. For a change referred to in paragraph 55.1(b(5.1.2): (a) The CEO 5.5.1. the employer must notify the relevant employees of the proposed change; and 5.5.2. subclauses (b5.6) Clauses 55.11 to 55.15 (5.9) apply. 55.11 5.6. The relevant employees may appoint a representative for the purposes of the procedures in this term. 55.12 . If: (a) A 5.6.1. a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) The 5.6.2. the employee or employees advise the CEO employer of the identity of the representative; the CEO employer must recognise the representative. 55.13 5.7. As soon as practicable after proposing to introduce the change, the CEO employer must: (a) Discuss 5.7.1. discuss with the relevant employees the introduction of the change; and (b) For 5.7.2. for the purposes of the discussion—discussion – provide to the relevant employees: i. All (a) all relevant information about the change, including the nature of the change; and ii. Information (b) information about what the CEO employer reasonably believes will be the effects of the change on the employees; and iii. Information (c) information about any other matters that the CEO employer reasonably believes are likely to affect the employees; and (cd) Invite invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 55.14 5.8. However, the CEO employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 55.15 5.9. The CEO employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 55.16 5.10. In this term: Relevant relevant employees means the employees who may be affected by a change referred to in clause 55.1subclause (5.1).