CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer: (i) has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer; or (ii) proposes to introduce a change to the regular roster or ordinary hours of work of Employees. (b) The Employer must consult the Employees to whom the Agreement applies about: (i) a major workplace change that is likely to have a significant effect on the Employee/s; or (ii) a change to their regular roster or ordinary hours of work. (c) The relevant Employees may appoint a representative, which may be a representative from the Union, for the purposes of the procedures in this term. If a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. (d) As soon as practicable after making its decision, the Employer must (i) discuss with the relevant Employees: (1) the introduction of the change; and (2) the effect the change is likely to have on the Employees; and (3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and (ii) for the purposes of the discussion — provide, in writing, to the relevant Employees and their appointed representative/s: (1) all relevant information about the change including the nature of the change proposed; and (2) information about the expected effects of the change on the Employees; and (3) any other matters likely to affect the Employees. (iii) Subject to (d)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of work, the Employer is required to: (1) to provide information to the Employee/s about the change; and (2) to invite the Employee/s to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and (3) to consider any views given by the Employee/s about the impact of the change. (e) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. (f) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. (g) In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees to another workplace; or the restructuring of jobs. (h) In this term, relevant Employees means the Employees who may be affected by the major change.
Appears in 2 contracts
Samples: Nursing Employees Enterprise Agreement, Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer:
(ia) has made a definite decision to introduce a major change to production, program, organisation, structure, structure or technology in relation to its enterprise; and the change enterprise that is likely to have a significant effect on Employees of the EmployerEmployees; or
(iib) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.. For a major change referred to in paragraph (i)(a):
(a) the Employer must notify the relevant Employees of the decision to introduce the major change; and
(b) The Employer must consult the Employees subclauses (iii) to whom the Agreement applies about:
(iix) a major workplace change that is likely to have a significant effect on the Employee/s; or
(ii) a change to their regular roster or ordinary hours of work.
(c) apply. The relevant Employees may appoint a representative, which may be a representative from the Union, for the purposes of the procedures in this term. If If:
(a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and and
(b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(d) . As soon as practicable after making its decision, the Employer must:
(ia) discuss with the relevant Employees:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(iib) for the purposes of the discussion — discussion—provide, in writing, to the relevant Employees and their appointed representative/sEmployees:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employees; and
(3) any other matters likely to affect the Employees.
(iii) Subject to (d)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of work. However, the Employer is not required toto disclose confidential or commercially sensitive information to the relevant Employees. The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. 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 Employer, the requirements set out in paragraph (ii)(a) and subclauses (iii) and (v) are taken not to apply. 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 Employer’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. For a change referred to in paragraph (i)(b):
(a) the Employer must notify the relevant Employees of the proposed change; and
(b) subclauses (xi) to (xv) apply. The relevant Employees may appoint a representative, which may be a Union 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 Employer of the identity of the representative; the Employer must recognise the representative. As soon as practicable after proposing to introduce the change, the Employer 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:
(1) to provide all relevant information to about the Employee/s about change, including the nature of the change; and
(2) information about what the Employer reasonably believes will be the effects of the change on the Employees; and
(3) information about any other matters that the Employer reasonably believes are likely to affect the Employees; and
(c) invite the Employee/s relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s about the impact of the change.
(e) . However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(f) . The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(g) . In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees to another workplace; or the restructuring of jobs.
(h) In this term, relevant Employees means the Employees who may be affected by the major change.:
Appears in 2 contracts
Samples: Nurses and Midwives Enterprise Agreement, Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) This term clause applies if the Employer:;
(i) has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.Employee/s. Major change
(b) The Employer must consult the Employees For a major change referred to whom the Agreement applies about:in (a)(i):
(i) a the Employer must notify the relevant employees of the decision to introduce the major workplace change that is likely to have a significant effect on the Employee/schange; orand
(ii) a change subclauses (c) to their regular roster or ordinary hours of work(i) apply.
(c) The relevant Employees may appoint a representative, which may be a representative from the Union, for the purposes of the procedures in this term. If .
(d) If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and and
(ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(de) As soon as practicable after making its decision, the Employer must
(i) discuss with the relevant EmployeesEmployee/s:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the EmployeesEmployee/s; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the EmployeesEmployee/s; and
(ii) for the purposes of the discussion — provide, in writing, to the relevant Employees and their appointed representativeEmployee/s:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employees; and
(3) any other matters likely to affect the Employees.Employee/s.
(iii) Subject to (d)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of work, the Employer is required to:
(1) to provide information to the Employee/s about the change; and
(2) to invite the Employee/s to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s about the impact of the change.
(ef) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.Employee/s.
(fg) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant EmployeesEmployee/s.
(h) If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in subclauses (b), (c) and (e) are taken not to apply.
(gi) In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of EmployeesEmployee/s; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of EmployeesEmployee/s; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain EmployeesEmployee/s; or the need to relocate Employees Employee/s to another workplace; or the restructuring of jobs. Change to regular roster or ordinary hours of work
(j) For a change referred to in (a)(ii):
(i) the Employer must notify the relevant Employees of the proposed change; and
(ii) subclauses (k) to (o) apply.
(hk) The relevant Employees may appoint a representative for the purposes of the procedures in this term.
(l) If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(m) As soon as practicable after proposing to introduce the change, the Employer must:
(i) discuss with the relevant Employees the introduction of the change; and
(ii) for the purposes of the discussion--provide to the relevant Employees:
(A) all relevant information about the change, including the nature of the change; and
(B) information about what the Employer reasonably believes will be the effects of the change on the Employees; and
(C) information about any other matters that the Employer reasonably believes are likely to affect the Employees; and
(iii) 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).
(n) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(o) The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees.
(p) In this term, relevant Employees Employee/s means the Employees Employee/s who may be affected by the major change.
Appears in 1 contract
Samples: Health Professionals and Pastoral Care Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employerif:
(i) the Employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees employees of the Employer; or
(ii) the Employer proposes to introduce a change to the an employee/s regular roster or ordinary hours of work of Employeeswork.
(b) The Employer must consult with the Employees employees to whom the Agreement agreement applies about:
(i) a major workplace change that is likely to have a significant effect on the Employee/semployees; or
(ii) a change to their regular roster or ordinary hours of work.
(c) The relevant Employees employees may appoint a representative, which may be a representative from the UnionHSU representative, for the purposes of the procedures in this term. If .
(d) If:
(i) a relevant Employee employee appoints, or relevant Employees employees appoint, a representative for the purposes of consultation; and and
(ii) the Employee employee or Employees employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(de) As soon as practicable after making its decision, the Employer must:
(i) discuss with the relevant Employeesemployees:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employeesemployees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employeesemployees; and
(ii) for For the purposes of the discussion — provide, in writing, to the relevant Employees and their appointed representative/semployees:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employeesemployees; and
(3) any other matters likely to affect the Employeesemployees.
(iii) Subject to (d)(ie)(i) and (ii), for a change to the Employees’ employee’s regular roster or ordinary hours of work, the Employer is required to:
(1) to provide information to the Employee/s employees about the change; and
(2) to invite the Employee/s employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s employees about the impact of the change.
(ef) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employeesemployees.
(fg) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employeesemployees.
(gh) If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in subclauses (b), (c)and (e) are taken not to apply.
(i) In this term, a major change is likely to have a significant effect on Employees employees if it results in the termination of the employment of Employeesemployees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employeesemployees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employeesemployees; or the need to relocate Employees employees to another workplace; or the restructuring of jobs.
(hj) In this term, relevant Employees employees means the Employees employees who may be affected by the major change, or the change in regular roster or ordinary hours, as applicable.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING CHANGE. 9.1 Major change
(a) This term applies if when the Employer:
(i) Employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
(b) The Employer must consult notify the relevant Employees of the decision to whom introduce the Agreement applies about:
(i) a major workplace change that is likely to have a significant effect on the Employee/s; or
(ii) a change to their regular roster or ordinary hours of work.
(c) change. The relevant Employees may appoint a representative, which may be a representative from the Union, for the purposes of the procedures in this term. If a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(dc) As soon as practicable after making its decision, the Employer must
(i) must discuss with the relevant Employees:
(1i) the introduction of the change; and
(2ii) the effect the change is likely to have on the Employees; and
(3iii) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(iid) for For the purposes of the discussion — discussion, the Employer will provide, in writing, to the relevant Employees and their appointed representative/s:
(1) all relevant information about the change including the nature of the change proposed; and
(2) and information about the expected effects of the change on the Employees; and
(3) and any other matters likely to affect the Employees.
(iii) Subject to (d)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of work, the Employer is required to:
(1) to provide information to the Employee/s about the change; and
(2) to invite the Employee/s to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s about the impact of the change.
(e) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(f) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(g) In this term, a major change is likely to have a significant effect on Employees if it results in in:
(i) the termination of the employment of Employees; or or
(ii) major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or or
(iii) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or or
(iv) the alteration of hours of work; or or
(v) the need to retrain Employees; or or
(vi) the need to relocate Employees to another workplace; or the (vii)the restructuring of jobs.
(h) . In this term, relevant Employees means mean the Employees who may be affected by the major change.
9.2 Change to regular roster or ordinary hours of work
(a) For a change in relation to the regular roster or ordinary hours of work, the Employer must notify the relevant Employees of the proposed change; and
(b) The relevant Employees may appoint a representative which may include a representative of the Union, for the purposes of the procedures in this term.
(c) If:
(i) relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(d) As soon as practicable after proposing to introduce the change, the Employer must:
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer:
(i) has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
(b) The Employer must consult the Employees For major change referred to whom the Agreement applies about:in subclause 8(a)(i):
(i) a the Employer must notify the relevant Employees of the decision to introduce the major workplace change that is likely to have a significant effect on the Employee/schange; orand
(ii) a change to their regular roster or ordinary hours of work.
(c) The the relevant Employees may appoint a representative, which may be a representative from the UnionANMF/ HWU, for the purposes of the procedures in this term. If .
(c) The relevant Employees may appoint a representative for the purposes of the procedures in this clause 8.
(d) If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and and
(ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(de) As soon as practicable after making its decision, the Employer must:
(i) discuss with the relevant Employees:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) for For the purposes of the discussion — – provide, in writing, to the relevant Employees and their appointed representative/sEmployees:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employees; and
(3) any other matters likely to affect the Employees.
(f) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(g) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(h) If a term in the Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in subclauses 8(b)(i), 8(c) and 8(e) are taken not to apply.
(i) In this term, a major change is likely to have a significant effect on Employees if it results in:
(i) the termination of the employment of Employees;
(ii) major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees;
(iii) Subject the elimination or diminution of job opportunities (including opportunities for promotion or tenure);
(iv) the alteration of hours of work;
(v) the need to retrain Employees;
(d)(ivi) and the need to relocate Employees to another workplace; or
(ii), for vii) the restructuring of jobs.
(j) For a change to the Employees’ regular roster or ordinary hours of work, work referred to in subclause 8(a)(ii):
(i) the Employer is required tomust notify the relevant Employees of the proposed change;
(ii) clauses 8(c), 8(d), 8(f) and 8(g) will apply;
(iii) as soon as practicable after proposing the change the Employer will:
(1) to provide information to discuss with the Employee/s about relevant Employees the introduction of the change; and
(2) for the purposes of discussion - provide to the relevant Employees:
(A) all relevant information about the change including the nature of the change proposed;
(B) information about what the Employer reasonably believes will be the effects of the change on Employees;
(C) information about any matters that the Employer reasonably believes are likely to affect the Employees; and
(3) invite the Employee/s relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s about the impact of the change.
(e) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(f) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(g) In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees to another workplace; or the restructuring of jobs.
(hk) In this term, relevant Employees means the Employees who may be affected by the major change.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer:;
(i) has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
(b) The Employer must consult the Employees to whom the Agreement agreement applies about:
(i) a major workplace change that is likely to have a significant effect on the Employee/sEmployees; or
(ii) a change to their regular roster or ordinary hours of work.
(c) The relevant Employees may appoint a representative, which may be a representative from the Union, ANMF or HACSU for the purposes of the procedures in this term. If .
(d) If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and and
(ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(de) As soon as practicable after making its decision, the Employer must
(i) discuss with the relevant Employees:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) for the purposes of the discussion — provide, in writing, to the relevant Employees and their appointed representative/sEmployees:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employees; and
(3) any other matters likely to affect the Employees.
(iii) Subject to (d)(ie)(i) and (ii), for a change to the Employees’ Employee’s regular roster or ordinary hours of work, the Employer is required to:
(1) to provide information to the Employee/s Employees about the change; and
(2) to invite the Employee/s Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s Employees about the impact of the change.
(e) . However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(f) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(g) If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in subclauses (b), (c) and (e) are taken not to apply.
(h) In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees to another workplace; or the restructuring of jobs.
(hi) In this term, relevant Employees means the Employees who may be affected by the major change.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer:
(i) has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
(b) The Employer must consult the Employees to whom the Agreement applies about:
(i) a major workplace change that is likely to have a significant effect on the Employee/s; or
(ii) a change to their regular roster or ordinary hours of work.
(c) The relevant Employees may appoint a representative, which may be a representative from the UnionANMFUnion, for the purposes of the procedures in this term. If a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(d) As soon as practicable after making its decision, the Employer must
(i) discuss with the relevant Employees:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) for the purposes of the discussion — provide, in writing, to the relevant Employees and their appointed representative/s:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employees; and
(3) any other matters likely to affect the Employees.
(iii) Subject to (d)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of work, the Employer is required to:
(1) to provide information to the Employee/s about the change; and
(2) to invite the Employee/s to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s about the impact of the change.
(e) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(f) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(g) In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees to another workplace; or the restructuring of jobs.
(h) In this term, relevant Employees means the Employees who may be affected by the major change.
Appears in 1 contract
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer:
(i) has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
(b) The Employer must consult notify the relevant Employees of the decision to whom introduce the Agreement applies about:
(i) a major workplace change that is likely to have a significant effect on the Employee/s; or
(ii) a change to their regular roster or ordinary hours of work.
(c) change. The relevant Employees may appoint a representative, which may be a representative from the UnionANMF or HWU, for the purposes of the procedures in this term. If a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(dc) As soon as practicable after making its decision, the Employer must
(i) must discuss with the relevant Employees:
(1i) the introduction of the change; and
(2ii) the effect the change is likely to have on the Employees; and
(3iii) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(iid) for For the purposes of the discussion — provide, in writing, to the relevant Employees and their appointed representative/s:
(1) all relevant information about the change including the nature of the change proposed; and
(2) and information about the expected effects of the change on the Employees; and
(3) and any other matters likely to affect the Employees.
(iii) Subject to (d)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of work, the Employer is required to:
(1) to provide information to the Employee/s about the change; and
(2) to invite the Employee/s to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s about the impact of the change.
(e) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(f) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(g) 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 Employer, the requirements set out in subclauses (b) and (c) are taken not to apply.
(h) In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees to another workplace; or the restructuring of jobsjobs or having an impact on an Employee’s income.
(hi) In this term, relevant Employees means the Employees who may be affected by the major change.
(j) An Employee who suffers a financial loss in weekly wages caused by redeployment, reduction of classification/grade or relocation will be entitled to be paid salary maintenance for a period of 3 months from the date of redeployment or relocation. Such salary maintenance shall be inclusive of penalty rates and other allowances that the Employee was earning prior to the redeployment, reduction of classification/grade or relocation.
(k) For a change referred to in paragraph (9)(a)(ii), the Employer must notify the relevant Employees of the proposed change. The relevant Employees may appoint a representative, which may be a representative from the ANMF or HWU, for the purposes of the procedures in this term. If a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation and the Employee or Employees advise the employer of the identity of the representative, the Employer must recognise the representative.
(l) As soon as practicable after proposing to introduce the change, the Employer must:
(i) discuss with the relevant Employees the introduction of the change; and
(ii) for the purposes of the discussion--provide to the relevant Employees:
(1) all relevant information about the change, including the nature of the change; and
(2) information about what the Employer reasonably believes will be the effects of the change on the Employees; and
(3) information about any other matters that the Employer reasonably believes are likely to affect the Employees; and
(iii) 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).
(m) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(n) The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees.
(o) In this term, “relevant employees" means the Employees who may be affected by a change referred to in subclause (9)(a).
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer:
(i) has made a definite decision Employer proposes to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees employees of the Employer; or
(ii) Employer or if the employer proposes to introduce a change to the regular roster or ordinary hours of work of Employeesan Employee.
(b) The Employer must consult the Employees employees to whom the Agreement applies about:
(i) a major workplace change that is likely to have a significant effect on the Employee/s; or
(ii) a change to their regular roster or ordinary hours of work.
(c) The relevant Employees employees may appoint a representative, which may be a union representative from the UnionANMF, for the purposes of the procedures in this term. If .
(d) If:
(i) a relevant Employee appoints, or relevant Employees employees appoint, a representative for the purposes of consultation; and and
(ii) the Employee or Employees employees advise the Employer employer of the identity of the representative; the Employer must recognise the representativerepresentative and allow the representation of those employees for the purposes of consultation.
(de) As soon as practicable after making its decision, the Employer must
(i) discuss with the relevant Employeesemployees, and representatives:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employeesemployees; and
(3) measures the Employer employer is taking to avert or mitigate the adverse effect of the change on the Employeesemployees; and
(ii) for the purposes of the discussion — provide, in writing, to the relevant Employees employees and their appointed representative/s:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employeesemployees; and
(3) any other matters likely to affect the Employeesemployees.
(iii) Subject to (d)(ie)(i) and (ii), for a change to the Employeesemployees’ regular roster or ordinary hours of work, the Employer is required to:
(1) to provide information to the Employee/s about the change; and
(2) to invite the Employee/s to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s about the impact of the change.
(ef) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(fg) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant EmployeesEmployees and their representative/s.
(h) 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 Employer, the requirements set out in subclauses (b), (c) and (e) are taken not to apply.
(gi) In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work, classification or remuneration; or the need to retrain Employees; or the need to relocate Employees to another workplace; or the restructuring of jobs.
(hj) In this term, relevant Employees means the Employees who may be affected by the major changechange or a proposed change to the ordinary hours of work / regular roster.
Appears in 1 contract
Samples: Maryvale Private Hospital Nurses Enterprise Agreement 2022
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer:
(i) : has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of for Employees.
(b) The Employer must consult the Employees to whom the Agreement agreement applies about:
(i) : a major workplace change that is likely to have a significant effect on the Employee/sEmployees; or
(ii) or a proposal to introduce a change to their regular roster or ordinary hours of work.
(c) The relevant Employees may appoint a representative, which may be a representative from the Union, XXX for the purposes of the procedures in this term. If .
(d) If: a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.;
(de) As soon as practicable after making its decision, the Employer must
(i) must discuss with the relevant Employees:
(1) : the introduction of the change; and
(2) and the effect the change is likely to have on the Employees; and
(3) and measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) and for the purposes of the discussion — provide, in writing, to the relevant Employees and their appointed representative/s:
(1) Employees: all relevant information about the change including the nature of the change proposed; and
(2) and information about the expected effects of the change on the Employees; and
(3) and any other matters likely to affect the Employees.
(iii) . Subject to (d)(ie)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of work, the Employer is required to:
(1) : to provide information to the Employee/s Employees about the change; and
(2) and to invite the Employee/s Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) and to consider any views given by the Employee/s Employees about the impact of the change.
(e) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(f) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(g) If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in subclauses (b),(c) and (e) are taken not to apply.
(h) In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees to another workplace; or the restructuring of jobs.
(hi) In this term, relevant Employees means the Employees who may be affected by the major change.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING CHANGE. (ai) This term applies if the Employer:
(i) Employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; enterprise and the change is likely to have a significant effect on Employees employees of the Employer; or
(ii) , or if the Employer proposes to introduce a change to the an employee’s regular roster or ordinary hours of work of Employeeswork.
(bii) The Employer must consult the Employees employees to whom the Agreement agreement applies about:
(ia) a major workplace change that is likely to have a significant effect on the Employee/semployees; or
(iib) a change to their regular roster or ordinary hours of work.
(ciii) The relevant Employees employees may appoint a representative, representative which may be a Union representative from the Union, for the purposes of the procedures in this term. If .
(iv) If:
(a) a relevant Employee employee appoints, or relevant Employees employees appoint, a representative for the purposes of consultation; and and
(b) the Employee employee or Employees employees advise the Employer employer of the identity of the representative; the Employer must recognise the representative.;
(dv) As soon as practicable after making its decision, the Employer must
(ia) discuss with the relevant Employeesemployees:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employeesemployees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employeesemployees; and
(iib) for the purposes of the discussion — provide, in writing, to the relevant Employees and their appointed representative/semployees:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employeesemployees; and
(3) any other matters likely to affect the Employeesemployees.
(iiic) Subject to (d)(iv)(a) and (iib), for a change to the Employeesemployees’ regular roster or ordinary hours of work, the Employer is required to:
(1) to provide information to the Employee/s employees about the change; and
(2) to invite the Employee/s employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s employees about the impact of the change.
(evi) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employeesemployees, the disclosure of which would adversely affect the employer.
(fvii) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employeesemployees.
(gviii) If a term in the Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in subclauses (ii) and (iii) are taken not to apply.
(ix) In this term, a major change is likely to have a significant effect on Employees employees if it results in the termination of the employment of Employeesemployees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employeesemployees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employeesemployees; or the need to relocate Employees employees to another workplace; or the restructuring of jobs.
(hx) In this term, relevant Employees employees means the Employees employees who may be affected by the major changechange or change in regular roster or ordinary hours of work, as applicable.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) 9.1 This term applies if the Employer:
(ia) has made a definite decision to introduce a major change to production, program, organisation, structure, structure or technology in relation to its enterprise; and the change enterprise that is likely to have a significant effect on Employees of the EmployerEmployees; or
(iib) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
9.2 For a major change referred to in clause 9.1(a):
(a) the Employer must notify the relevant Employees of the decision to introduce the major change; and
(b) The Employer must consult the Employees clauses 9.3 to whom the Agreement applies about:
(i) a major workplace change that is likely to have a significant effect on the Employee/s; or
(ii) a change to their regular roster or ordinary hours of work9.9 apply.
(c) 9.3 The relevant Employees may appoint a representative, which may be a representative from the UnionANMF, for the purposes of the procedures in this term. If section.
9.4 If:
(a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and and
(b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(d) 9.5 As soon as practicable after making its decision, the Employer must:
(ia) discuss with the relevant Employees:
(1) i. the introduction of the change; and
(2) ii. the effect the change is likely to have on the Employees; and
(3) iii. measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(iib) for the purposes of the discussion — discussion—provide, in writing, to the relevant Employees and their appointed representative/sEmployees:
(1) i. all relevant information about the change including the nature of the change proposed; and
(2) ii. information about the expected effects of the change on the Employees; and
(3) iii. any other matters likely to affect the Employees.
(iii) Subject to (d)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of work9.6 However, the Employer is not required toto disclose confidential or commercially sensitive information to the relevant Employees.
9.7 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
9.8 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 Employer, the requirements set out in clause 9.2(a) and clauses 9.3 and 9.5 are taken not to apply.
9.9 In this term, a major change is likely to have a significant effect on Employees if it results in:
(1a) to provide information the termination of the employment of Employees; or
(b) major change to the Employee/s about composition, operation or size of the Employer’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.
9.10 For a change referred to in clause 9.1(b):
(a) the Employer must notify the relevant Employees of the proposed change; and
(b) clauses 9.11 to 9.15 apply.
9.11 The relevant Employees may appoint a representative for the purposes of the procedures in this term.
9.12 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 Employer of the identity of the representative; the Employer must recognise the representative.
9.13 As soon as practicable after proposing to introduce the change, the Employer must:
(a) discuss with the relevant Employees the introduction of the change; and
(2b) 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 Employer reasonably believes will be the effects of the change on the Employees; and
iii. information about any other matters that the Employer reasonably believes are likely to affect the Employees; and
(c) invite the Employee/s relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s about the impact of the change.
(e) 9.14 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(f) 9.15 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(g) 9.16 In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees to another workplace; or the restructuring of jobs.
(h) In this term, relevant Employees means the Employees who may be affected by the major change.:
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING CHANGE.
(a) This term applies if the Employer:
(i) has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer; or
(ii) proposes to introduce introduces a change to the regular roster hours or ordinary hours of work of the Employees.
(b) The Employer must consult notify the relevant Employees of the decision to whom introduce the Agreement applies about:
(i) a major workplace change that is likely to have a significant effect on the Employee/s; or
(ii) a change to their regular roster or ordinary hours of workchange.
(c) The relevant Employees may appoint a representative, which may be a union representative from the UnionANMF, for the purposes of the procedures in this term. If .
(d) If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and and
(ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(de) As soon as practicable after making its decision, the Employer must:
(i) discuss with the relevant Employees:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) for the purposes of the discussion — provide, in writing, to the relevant Employees and their appointed representative/sEmployees:
(1) all All relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employees; and
(3) any other matters likely to affect the Employees.
(iii) Subject to (d)(ie)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of work, the Employer is required to:
(1) to provide information to the Employee/s Employees about the change; and
(2) to invite the Employee/s Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s Employees about the impact of the change.
(ef) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(fg) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(gh) If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in subclauses (b), (c) and (e) are taken not to apply.
(i) In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employeesemployees; or the need to relocate Employees to another workplace; or the restructuring of jobs.
(hj) In this term, relevant Employees means the Employees who may be affected by the major change.
Appears in 1 contract
Samples: Nurses Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer:
(i) has made a definite decision to introduce a major change to production, program, organisation, structure, structure or technology in relation to its enterprise; and the change enterprise that is likely to have a significant effect on Employees of the EmployerEmployees; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
. Major change For a major change referred to in (b) The Employer must consult the Employees to whom the Agreement applies about:a)(i):
(i) a the Employer must notify the relevant employees of the decision to introduce the major workplace change that is likely to have a significant effect on the Employee/schange; orand
(ii) a change to their regular roster or ordinary hours of work.
subclauses (c) to (i) apply. The relevant Employees may appoint a representative, which may be a representative from the Union, for the purposes of the procedures in this term. If A representative may include HACSU. If:
(i) a relevant Employee appoints, or relevant Employees employees appoint, a representative for the purposes of consultation; and and
(ii) the Employee or Employees employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(d) . As soon as practicable after making its decision, the Employer must:
(i) discuss with the relevant Employees:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) for the purposes of the discussion — discussion--provide, in writing, to the relevant Employees and their appointed representative/semployees:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employeesemployees; and
(3) any other matters likely to affect the Employees.
(iii) Subject to (d)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of work, the Employer is required to:
(1) to provide information to the Employee/s about the change; and
(2) to invite the Employee/s to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s about the impact of the change.
(e) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(f) employees. The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
. 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 Employer, the requirements set out in (gb)(i) and subclauses (c) and (e) are taken not to apply. In this term, a major change is likely to have a significant effect on Employees employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s 's workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees employees to another workplace; or the restructuring of jobs.. Change to regular roster or ordinary hours of work For a change referred to in (a)(ii):
(hi) the Employer must notify the relevant Employees of the proposed change; and
(ii) subclauses (k) to (o) apply. The relevant Employees may appoint a representative for the purposes of the procedures in this term. If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. As soon as practicable after proposing to introduce the change, the Employer must:
(i) discuss with the relevant Employees the introduction of the change; and
(ii) for the purposes of the discussion--provide to the relevant Employees:
(1) all relevant information about the change, including the nature of the change; and
(2) information about what the Employer reasonably believes will be the effects of the change on the Employees; and
(3) information about any other matters that the Employer reasonably believes are likely to affect the Employees; and
(iii) 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). However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees. In this term, relevant Employees means the Employees who may be affected by the major change.:
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer:
(i) Employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees employees of the Employer; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
(b) The Employer must consult the Employees to whom and the Agreement applies unions about:
(i) i. a major workplace change that is likely to have a significant effect on the Employee/s; oremployees;
(ii) . a change to their regular roster or ordinary hours of work.
(c) The relevant Employees employees may appoint a representative, which may be a representative from the Union, ANMF or HWU for the purposes of the procedures in this term. If .
d) If:
i. a relevant Employee employee appoints, or relevant Employees employees appoint, a representative for the purposes of consultation; and and
ii. the Employee employee or Employees employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(de) As soon as practicable after making its decision, the Employer must
(i) i. discuss with the relevant Employeesemployees and their representative:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) . for the purposes of the discussion — provide, in writing, to the relevant Employees and their appointed representative/sEmployees:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employees; and
(3) any other matters likely to affect the Employees.
(iii) . Subject to (d)(ie)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of work, the Employer is required to:
(1) to provide information to the Employee/s Employees about the change; and
(2) to invite the Employee/s Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s Employees about the impact of the change.
(ef) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(fg) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(gh) In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees to another workplace; or the restructuring of jobs; a reduction to remuneration, the opening of new facilities, the proposed sale of a facility or the purchase of an existing facility/business.
(hi) In this term, relevant Employees means the Employees who may be affected by the major change.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) This term clause 7 applies if the Employer:
(i) has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change enterprise that is likely to have a significant effect on Employees of the Employer; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
(b) The Employer must consult the Employees to whom the Agreement applies about:
(i) a major workplace change that is likely to have a significant effect on the Employee/sEmployees; or
(ii) a change to their regular roster or ordinary hours of work.
(c) For a major change referred to in subclause 7(a)(i):
(i) the Employer must notify the relevant Employees of the decision to introduce the major change; and
(ii) subclauses 7(d) to (j) apply.
(d) The relevant Employees may appoint a representative, which may be a representative from the Union, for the purposes of the procedures in this term. If clause 7.
(e) If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and and
(ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(df) As soon as practicable after making its decision, the Employer must:
(i) discuss with the relevant Employees, the relevant branch of the Union and any appointed representative:
(1) the reasons for the proposed change and the introduction of the change; and;
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) for For the purposes of the discussion — provide, in writing, to the relevant Employees Employees, the relevant branch of the Union and their any appointed representative/s:
(1) the reasons for the proposed change and measures to avert or mitigate the adverse effects of such changes on Employees;
(2) all relevant information about the change including the nature of the change proposed; and;
(23) information about the expected effects of the change on the Employees; and
(34) and any other matters likely to affect the Employees.
(iiig) Subject to (d)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of workHowever, the Employer is not required toto disclose confidential or commercially sensitive information to the relevant Employees.
(h) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees and/or the relevant branch of the Union.
(i) If a term in the Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in subclauses 7(e) and (f) are taken not to apply.
(j) In this clause 7, a major change is likely to have a significant effect on Employees if it results in:
(1i) to provide information the termination of the employment of Employee/s;
(ii) major change to the Employee/s about composition, operation or size of the Employer’s workforce or to the skills required of Employees;
(iii) the elimination or diminution of job opportunities (including opportunities for promotion or tenure);
(iv) the alteration of hours of work;
(v) the need to retrain Employees;
(vi) the need to relocate Employees to another workplace; or
(vii) the restructuring of jobs.
(k) For a change referred to in subclause 7(a)(ii):
(i) the Employer must notify the relevant Employees of the proposed change; and
(ii) subclauses 7(l) to (p) apply.
(l) The relevant Employees may appoint a representative for the purposes of the procedures in this clause 7.
(m) If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(n) As soon as practicable after proposing to introduce the change, the Employer must:
(i) discuss with the relevant Employees the introduction of the change;
(ii) for the purpose of the discussion – provide to the relevant Employees;
(1) all relevant information about the change, including the nature of the change;
(2) information about what the Employer reasonably believes will be the effects of the change on the Employees;
(3) information about any other matters that the Employer reasonably believes are likely to affect the Employees; and
(iii) invite the Employee/s relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3iv) to consider any views given by the Employee/s Employees about the impact of the change.
(eo) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(fp) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(gi) In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees to another workplace; or the restructuring of jobs.
(h) In this termclause 7, relevant Employees means the Employees who may be affected by the major changea change referred to in subclause 7(a).
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer:
(i) has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer; or;
(ii) proposes A proposal to introduce a change to the regular roster or ordinary hours of work of for Employees.
(b) The Employer must consult the Employees to whom the Agreement agreement applies about:
(i) a major workplace change that is likely to have a significant effect on the Employee/sEmployees; or
(ii) a proposal to introduce a change to their regular roster or ordinary hours of work.
(c) The relevant Employees may appoint a representative, which may be a representative from the Union, ANMF for the purposes of the procedures in this term. If .
(d) If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation,; and and
(ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.;
(de) As soon as practicable after making its decision, the Employer must
(i) discuss with the relevant Employees:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) for the purposes of the discussion — provide, in writing, to the relevant Employees and their appointed representative/sEmployees:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employees; and
(3) any other matters likely to affect the Employees.
(iii) Subject to (d)(ie)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of work, the Employer is required to:
(1) to provide information to the Employee/s Employees about the change; and
(2) to invite the Employee/s Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s Employees about the impact of the change.
(e) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(f) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(g) If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in subclauses (b),(c) and
(e) are taken not to apply.
(h) In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees to another workplace; or the restructuring of jobs.
(hi) In this term, relevant Employees means the Employees who may be affected by the major change.
Appears in 1 contract
CONSULTATION REGARDING CHANGE. (ai) This term applies if the Employer:
(ia) has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer; or
(iib) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
(bii) The Employer must consult the Employees to whom the Agreement agreement applies about:
(ia) a major workplace change that is likely to have a significant effect on the Employee/sEmployees; or
(iib) a change to their regular roster or ordinary hours of work.
(ciii) The relevant Employees may appoint a representative, which may be a representative from the Union, for the purposes of the procedures in this term. If .
(iv) If:
(a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and and
(b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(dv) As soon as practicable after making its decision, the Employer must
(ia) discuss with the relevant Employees:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(iib) for the purposes of the discussion — provide, in writing, to the relevant Employees and their appointed representative/sEmployees:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employees; and
(3) any other matters likely to affect the Employees.
(iiic) Subject to (d)(iv)(a) and (iib), for a change to the Employees’ regular roster or ordinary hours of work, the Employer is required to:
(1) to provide information to the Employee/s Employees about the change; and
(2) to invite the Employee/s Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s Employees about the impact of the change.
(ed) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(fvi) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(gvii) If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in subclauses (ii)(b), (iii) and (v) are taken not to apply.
(viii) In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees to another workplace; or the restructuring of jobs.
(hix) In this term, relevant Employees means the Employees who may be affected by the major change.
Appears in 1 contract
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer:
(i) has made a definite decision to introduce a major change to production, program, organisation, structure, structure or technology in relation to its enterprise; and the change enterprise that is likely to have a significant effect on Employees of the EmployerEmployees; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.. Major change
(b) The Employer must consult the Employees For a major change referred to whom the Agreement applies about:in (a)(i):
(i) a the Employer must notify the relevant employees of the decision to introduce the major workplace change that is likely to have a significant effect on the Employee/schange; orand
(ii) a change subclauses (c) to their regular roster or ordinary hours of work(i) apply.
(c) The relevant Employees may appoint a representative, which may be a representative from the Union, for the purposes of the procedures in this term. If A representative may include the ANMF and/ or the HACSU.
(d) If:
(i) a relevant Employee appoints, or relevant Employees employees appoint, a representative for the purposes of consultation; and and
(ii) the Employee or Employees employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(de) As soon as practicable after making its decision, the Employer must:
(i) discuss with the relevant Employees:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) for the purposes of the discussion — discussion--provide, in writing, to the relevant Employees and their appointed representative/semployees:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employeesemployees; and
(3) any other matters likely to affect the Employeesemployees.
(iii) Subject to (d)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of work, the Employer is required to:
(1) to provide information to the Employee/s about the change; and
(2) to invite the Employee/s to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s about the impact of the change.
(ef) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(fg) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(gh) 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 Employer, the requirements set out in (b)(i) and subclauses (c) and (e) are taken not to apply.
(i) In this term, a major change is likely to have a significant effect on Employees employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s 's workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees employees to another workplace; or the restructuring of jobs. Change to regular roster or ordinary hours of work
(j) For a change referred to in (a)(ii):
(i) the Employer must notify the relevant Employees of the proposed change; and
(ii) subclauses (k) to (o) apply.
(hk) The relevant Employees may appoint a representative for the purposes of the procedures in this term.
(l) If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(m) As soon as practicable after proposing to introduce the change, the Employer must:
(i) discuss with the relevant Employees the introduction of the change; and
(ii) for the purposes of the discussion--provide to the relevant Employees:
(1) all relevant information about the change, including the nature of the change; and
(2) information about what the Employer reasonably believes will be the effects of the change on the Employees; and
(3) information about any other matters that the Employer reasonably believes are likely to affect the Employees; and
(iii) 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).
(n) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(o) The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees.
(p) In this term, relevant Employees means the Employees who may be affected by the major change.:
Appears in 1 contract
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer:
(i) has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
(b) The Employer must consult the Employees to whom the Agreement applies about:
(i) a major workplace change that is likely to have a significant effect on the Employee/sEmployees; or
(ii) a change to their regular roster or ordinary hours of work.
(c) The relevant Employees may appoint a representative, which may be a representative from the Union, ANMF for the purposes of the procedures in this term. If .
(d) If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and and
(ii) the Employee or Employees advise the Employer employer of the identity of the representative; , the Employer must recognise the representative.
(de) As soon as practicable after making its decision, the Employer must:
(i) discuss with the relevant EmployeesEmployees and any nominated representative:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) for the purposes of the discussion — provide, in writing, to the relevant Employees and their appointed representative/sEmployees:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employees; and
(3) any other matters likely to affect the Employees.
(iii) Subject to (d)(ie)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of work, the Employer is required to:
(1) to provide all relevant information to the Employee/s Employees, about the change, including the nature of the change and what the Employer reasonably believes are likely to be the effects on the Employees; and
(2) to invite the Employee/s employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s Employees about the impact of the change.
(ef) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(fg) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant EmployeesEmployees and any nominated representative.
(gh) If a term in the Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in subclauses (b), (c) and (e) are taken not to apply.
(i) In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees to another workplace; or the restructuring of jobs.
(hj) In this term, relevant Employees means the Employees who may be affected by the major change.
Appears in 1 contract
Samples: Nurses Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a)
8.1 This term applies if the Employer:
(i) has made a definite decision Employer proposes to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
(b) 8.2 The Employer must consult the Employees to whom the Agreement applies applies, about:
(ia) a major workplace change that is likely to have a significant effect on the Employee/sEmployees; or
(iib) a change to their regular roster or ordinary hours of work.
(c) 8.3 The Employer must notify the relevant Employees of the decision to introduce the major change. The relevant Employees may appoint a representative, which may be a representative from the Union, for the purposes of the procedures in this term. If a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(d) 8.4 As soon as practicable after making its decision, the Employer must
(i) must discuss with the relevant Employees:
(1a) the introduction of the change; and
(2b) the effect the change is likely to have on the Employees; and
(3c) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(iid) for the purposes of the discussion — provide, in writing, to the relevant Employees and their appointed representative/sEmployees:
(1i) all relevant information about the change including the nature of the change proposed; and;
(2ii) information about the expected effects of the change on the Employees; and
(3iii) any other matters likely to affect the Employees.
(iii) 8.5 Subject to (d)(i) 8.4 and (ii8.4(d), for a change to the Employees’ regular roster or ordinary hours of work, the Employer is required to:
(1a) to provide information to the Employee/s Employees about the change; and
(2b) to invite the Employee/s Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3c) to consider any views given by the Employee/s Employees about the impact of the change.
(e) 8.6 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(f) 8.7 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(g8.8 If a term in the Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in subclauses 8.3, 8.4 and 8.4(d) are taken not to apply.
8.9 In this termClause 8 – Consultation Regarding Change, a major change is likely to have a significant effect on Employees if it results in in:
(a) the termination of the employment of Employees; or or
(b) major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or or
(c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or or
(d) the alteration of hours of work; or or
(e) the need to retrain Employees; or or
(f) the need to relocate Employees to another workplace; or or
(g) the restructuring of jobs.
(h) 8.10 In this term, relevant Employees means the Employees employees who may be affected by the major change.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) This term clause 9 applies if the Employer:
(i) has made a definite decision to introduce introduce:
(1) a change that may result in the redundancy of one or more Employees or positions covered by this Agreement; or
(2) a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change enterprise that is likely to have a significant effect on Employees of the Employer; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
(b) The Employer must consult with the Employees to whom the Agreement applies about:
(i) a major workplace change that is likely to have a significant effect on the Employee/sEmployees; or
(ii) a change to their the Employee’s regular roster or ordinary hours of work.
(c) For a major change referred to in subclause 9(a)(i):
(i) the Employer must notify the relevant Employees of the decision to introduce the major change; and
(ii) subclauses 9(d) to (j) apply.
(d) The relevant Employees may appoint a representative, which may be a representative from the Union, for the purposes of the procedures in this term. If clause 9.
(e) If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and and
(ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(df) As soon as practicable after making its decision, the Employer must
(i) discuss with the relevant Employees:
(1) the reasons for the proposed change and the introduction of the change; and;
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) for the purposes of the discussion — provide, in writing, to the relevant Employees and their appointed representative/sEmployees:
(1) the reasons for the proposed change and measures to avert or mitigate the adverse effects of such changes on Employees;
(2) all relevant information about the change including the nature of the change proposed; and;
(23) information about the expected effects of the change on the Employees; and
(34) any other matters likely to affect the Employees.
(iiig) Subject to (d)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of workHowever, the Employer is not required toto disclose confidential or commercially sensitive information to the relevant Employees.
(h) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(i) If a clause in the Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in subclauses 9(c)(i), (d) (e) and
(f) are taken not to apply.
(j) In this clause 9, a change is likely to have a significant effect on Employees if it results in:
(1i) to provide information the termination of the employment of Employee/s;
(ii) major change to the Employee/s about composition, operation or size of the Employer’s workforce or to the skills required of Employees;
(iii) the elimination or diminution of job opportunities (including opportunities for promotion or tenure);
(iv) the alteration of hours of work;
(v) the need to retrain Employees;
(vi) the need to relocate Employees to another workplace; or
(vii) the restructuring of jobs.
(k) For a change referred to in subclause 9(a)(ii):
(i) the Employer must notify the relevant Employees of the proposed change; and
(ii) subclauses 9(l) to (p) apply.
(l) The relevant Employees may appoint a representative for the purposes of the procedures in this clause 9.
(m) If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(n) As soon as practicable after proposing to introduce the change, the Employer must:
(i) discuss with the relevant Employees the introduction of the change;
(ii) for the purpose of the discussion – provide to the relevant Employees;
(1) all relevant information about the change, including the nature of the change;
(2) information about what the Employer reasonably believes will be the effects of the change on the Employees; and
(3) information about any other matters that the Employer reasonably believes are likely to affect the Employees;
(iii) to invite the Employee/s relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3iv) to consider any views given by the Employee/s Employees about the impact of the change.
(eo) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(fp) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(gj) In this term, a major change is likely to have a significant effect on Employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees to another workplace; or the restructuring of jobs.
(h) In this termclause 9, relevant Employees means the Employees who may be affected by the major changea change referred to in subclause 9(a).
Appears in 1 contract
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer:
(i) has made a definite decision to introduce a major change to production, program, organisation, structure, structure or technology in relation to its enterprise; and the change enterprise that is likely to have a significant effect on Employees of the EmployerEmployees; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
. Major change For a major change referred to in (b) The Employer must consult the Employees to whom the Agreement applies about:a)(i):
(i) a the Employer must notify the relevant employees of the decision to introduce the major workplace change that is likely to have a significant effect on the Employee/schange; orand
(ii) a change to their regular roster or ordinary hours of work.
subclauses (c) to (i) apply. The relevant Employees may appoint a representative, which may be a representative from the Union, for the purposes of the procedures in this term. If A representative may include the ANMF and/ or the HACSU. If:
(i) a relevant Employee appoints, or relevant Employees employees appoint, a representative for the purposes of consultation; and and
(ii) the Employee or Employees employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
(d) . As soon as practicable after making its decision, the Employer must:
(i) discuss with the relevant Employees:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) for the purposes of the discussion — discussion--provide, in writing, to the relevant Employees and their appointed representative/semployees:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employeesemployees; and
(3) any other matters likely to affect the Employees.
(iii) Subject to (d)(i) and (ii), for a change to the Employees’ regular roster or ordinary hours of work, the Employer is required to:
(1) to provide information to the Employee/s about the change; and
(2) to invite the Employee/s to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(3) to consider any views given by the Employee/s about the impact of the change.
(e) employees. However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(f) . The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
. 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 Employer, the requirements set out in (gb)(i) and subclauses (c) and (e) are taken not to apply. In this term, a major change is likely to have a significant effect on Employees employees if it results in the termination of the employment of Employees; or major change to the composition, operation or size of the Employer’s 's workforce or to the skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain Employees; or the need to relocate Employees employees to another workplace; or the restructuring of jobs.. Change to regular roster or ordinary hours of work For a change referred to in (a)(ii):
(hi) the Employer must notify the relevant Employees of the proposed change; and
(ii) subclauses (k) to (o) apply. The relevant Employees may appoint a representative for the purposes of the procedures in this term. If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. As soon as practicable after proposing to introduce the change, the Employer must:
(i) discuss with the relevant Employees the introduction of the change; and
(ii) for the purposes of the discussion--provide to the relevant Employees:
(1) all relevant information about the change, including the nature of the change; and
(2) information about what the Employer reasonably believes will be the effects of the change on the Employees; and
(3) information about any other matters that the Employer reasonably believes are likely to affect the Employees; and
(iii) 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). However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees. In this term, relevant Employees means the Employees who may be affected by the major change.:
Appears in 1 contract
Samples: Enterprise Agreement
