CONSULTATION REGARDING CHANGE. (a) This term applies if 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 of the Employer. (b) 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 NSWNA, 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. (c) As soon as practicable after making its decision, the employer must discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (d) For the purposes of the discussion, provide in writing, to the relevant employees all relevant information about the change including the nature of the change proposed; and information about the expected effects of the change on the employees; and any other matters likely to affect the employees. (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 (ii) and (iii) 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. (i) In this term, relevant employees means the employees who may be affected by the major change.
Appears in 3 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) 9.1 This term applies if 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 of the Employer.
(b) 9.2 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 NSWNA, 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.
(c) 9.3 As soon as practicable after making its decision, the employer must discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
(d) 9.4 For the purposes of the discussion, provide in writing, to the relevant employees all relevant information about the change including the nature of the change proposed; and information about the expected effects of the change on the employees; and any other matters likely to affect the employees.
(e) 9.5 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
(f) 9.6 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
(g) 9.7 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 (ii9.3(ii) and (iii) are taken not to apply.
(h) 9.8 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 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.
(i) 9.9 In this term, relevant employees means the employees who may be affected by the major change.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) 8.1 This term applies if the Employer has made a employer makes 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.
(b) 8.2 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 NSWNAa 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.
(c) 8.3 As soon as practicable after making its decision, the employer must discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
(d) 8.4 For the purposes of the discussiondiscussion — provide, provide in writing, to the relevant employees all relevant information about the change including the nature of the change proposed; and information about the expected effects of the change on the employees; and any other matters likely to affect the employees.
(e) 8.5 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
(f) 8.6 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
(g) 8.7 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) 8.2 and (iii) 8.3 are taken not to apply.
(h) 8.8 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 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.
(i) 8.9 In this term, relevant employees means the employees who may be affected by the major change.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) This term applies if when 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 of the Employer.
(b) 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 a union, including the NSWNAUnited Voice, 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.
(c) As soon as practicable after making its decision, the employer must discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
(d) For the purposes of the discussiondiscussion — provide, provide in writing, to the relevant employees all relevant information about the change including the nature of the change proposed; and information about the expected effects of the change on the employees; and any other matters likely to affect the employees.
(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 (ii) and (iii) 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.
(i) 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 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 the employees; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of the Employerwork of employees.
(b) The For a major change referred to in paragraph (a)(i):
(i) the employer must notify the relevant employees and the Union of the decision to introduce the major change. ; and
(ii) subclauses (c) to (i) apply.
(c) The relevant employees may appoint a representative, which may be a representative from the NSWNA, 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.
(ce) As soon as practicable after making its decision, the employer must must:
(i) discuss with the relevant employeesemployees and the Union:
(i1) the introduction of the change; and
(ii2) the effect the change is likely to have on the employees; and
(iii3) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
(dii) For for the purposes of the discussiondiscussion – provide, provide in writing, to the relevant employees and the Union:
(1) all relevant information about the change including the nature of the change proposed; and and
(2) information about the expected effects of the change on the employees; and and
(3) any other matters likely to affect the employees.
(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 the Union.
(gh) If a term in the enterprise 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 (b)(i) and subclauses (iic) and (iiie) are taken not to apply.
(hi) 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 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 or
(vii) the restructuring of jobs.
(j) For a change referred to in paragraph (a)(ii):
(i) the employer must notify the relevant employees and the Union of the proposed change; and
(ii) subclauses (k) to (o) apply.
(k) 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 and the Union:
(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 and the Union 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 changea change referred to in subclause (a).
Appears in 1 contract
Samples: Nurses Greenfields Agreement
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer has made a definite decision 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.
(b) The employer must notify the relevant employees of the decision to introduce the a major change. The relevant employees may appoint a representative, which may be a representative from the NSWNAtheir union, for the purposes of the procedures in this term. If a relevant employee appoints, or relevant employees appoint, 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.
(c) As soon as practicable after making its decision, the employer must discuss with the relevant employeesemployees and their appointed representative/s:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
(d) Subject to (b) and (c), for a change to the employees’ regular roster or ordinary hours of work, the employer is required to:
(i) to provide information to the employees about the change; and
(ii) to invite the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(iii) to consider any views given by the employees about the impact of the change.
(e) For the purposes of the discussiondiscussion — provide, provide in writing, to the relevant employees all relevant information about the change including the nature of the change proposed; and information about the expected effects of the change on the employees; and any other matters likely to affect the employees.
(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 (iib) and (iiic) are taken not to apply.
(hi) 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 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.
(ij) In this term, relevant employees means the employees who may be affected by the major change.
(k) The parties acknowledge that in respect to matters of transmission, the Fair Work Act 2009 applies.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) 8.1 This term applies if 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 of the Employer.
(b) 8.2 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 union representative from as per the NSWNA, for the purposes of the procedures in this termdefinations. 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.
(c) 8.3 As soon as practicable after making its decision, the employer must discuss with the relevant employees:
(ia) the introduction of the change; and
(iib) the effect the change is likely to have on the employees; and
(iiic) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
(d) 8.4 For the purposes of the discussiondiscussion — provide, provide in writing, to the relevant employees all relevant information about the change including the nature of the change proposed; and information about the expected effects of the change on the employees; and any other matters likely to affect the employees.
(e) 8.5 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
(f) 8.6 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
(g) 8.7 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) 8.2 and (iii) 8.3 are taken not to apply.
(h) 8.8 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 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.
(i) 8.9 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 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.
(b) The employer must notify consult the relevant employees to whom the agreement applies about:
(i) a major workplace change that is likely to have a significant effect on the employees; or
(ii) a change to their regular roster or ordinary hours of the decision to introduce the major change. work.
(c) The relevant employees may appoint a representative, which may be a union representative from the NSWNAHealth Services Union (XXX), for the purposes of the procedures in this term. .
(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.
(ce) As soon as practicable after making its decision, the employer must must
(i) discuss with the relevant employees:
(i1) the introduction of the change; and
(ii2) the effect the change is likely to have on the employees; and
(iii3) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
(dii) For for the purposes of the discussiondiscussion — provide, provide in writing, to the relevant employees employees:
(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 and
(3) information about the expected effects of the change on the employees; and and
(4) any other matters likely to affect the employees.
(eiii) Subject to (e)(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 employees about the change; and
(2) to invite the 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 employees about the impact of the change.
(f) 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 (iib),
(c) and (iiie) are taken not to apply.
(hi) 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 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.
(ij) 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 has made a definite decision 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.
(b) The employer must notify consult the relevant employees to whom the agreement applies about:
(i) a major workplace change that is likely to have a significant effect on the employees; or
(ii) a change to their regular roster or ordinary hours of the decision to introduce the major change. work.
(c) The relevant employees may appoint a representative, which may be a representative from the NSWNA, NSWNMA or XXX 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.
(ce) As soon as practicable after making its decision, the employer must must
(i) discuss with the relevant employees:
(i1) the introduction of the change; and
(ii2) the effect the change is likely to have on the employees; and
(iii3) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
(dii) For for the purposes of the discussiondiscussion — provide, provide in writing, to the relevant employees employees:
(1) all relevant information about the change including the nature of the change proposed; and and
(2) information about the expected effects of the change on the employees; and and
(3) any other matters likely to affect the employees.
(eiii) Subject to (e)(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 employees about the change; and
(2) to invite the 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 employees about the impact of the change.
(f) 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 (iib)(i), (c) and (iiie) are taken not to apply.
(hi) 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 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.
(ij) 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 employer:
(a) 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 Employer.employees; or
(b) The proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major change
(ii) 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) subclauses (iii) to (ix) apply.
(iii) The relevant employees may appoint a representative, which may be a representative from the NSWNA, 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.
(cv) As soon as practicable after making its decision, the employer must must:
(a) discuss with the relevant employees:
(i1) the introduction of the change; and
(ii2) the effect the change is likely to have on the employees; and
(iii3) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
(db) For for the purposes of the discussion--provide, provide in writing, to the relevant employees employees:
(1) all relevant information about the change including the nature of the change proposed; and and
(2) information about the expected effects of the change on the employees; and and
(3) any other matters likely to affect the employees.
(evi) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
(fvii) The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
(gviii) If a term in the enterprise 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 (iiiii) and (iiiv) are taken not to apply.
(hix) In this term, 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 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. Change to regular roster or ordinary hours of work
(x) 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.
(ixi) The relevant employees may appoint a representative for the purposes of the procedures in this term.
(xii) 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.
(xiii) 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) 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
(c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).
(xiv) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
(xv) The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees.
(xvi) 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 Employer: 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 the Employees; or proposes to introduce a change to the regular roster or ordinary hours of work of Employees. For a major change referred to in (a)(i): the Employer.
(b) The employer Employer must notify the relevant employees of the decision to introduce the major change; and subclauses (c) to (i) apply. The relevant employees Employees may appoint a representative, which may be a representative from the NSWNA, for the purposes of the procedures in this term. If A representative may include the ASU, XXX or the UWU. If: a relevant employee Employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and the employee Employee or employees advise the employer Employer of the identity of the representative; the employer Employer must recognise the representative.
(c) . As soon as practicable after making its decision, the employer must Employer must: discuss with the relevant employees:
(i) Employees: the introduction of the change; and
(ii) and the effect the change is likely to have on the employeesEmployees; and
(iii) and measures the employer Employer is taking to avert or mitigate the adverse effect of the change on the employeesEmployees; and
(d) For and for the purposes of the discussion--provide, provide in writing, to the relevant employees employees: all relevant information about the change including the nature of the change proposed; and information about the expected effects of the change on the employees; and any other matters likely to affect the employees.
(e) . However, the employer Employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
(f) Employees. The employer Employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
(g) Employees. If a term in the enterprise agreement this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employerEmployer, the requirements set out in (b)(i) and subclauses (iic) and (iiie) 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 employeesEmployees; or major change to the composition, operation or size of the employer‘s 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 to another workplace; or the restructuring of jobs.
. For a change referred to in (ia)(ii): the Employer must notify the relevant Employees of the proposed change; and subclauses (k) to (o) apply. The relevant Employees may appoint a representative 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. As soon as practicable after proposing to introduce the change, the Employer must: discuss with the relevant Employees the introduction of the change; and for the purposes of the discussion--provide to the relevant Employees: all relevant information about the change, including the nature of the change; and information about what the Employer reasonably believes will be the effects of the change on the Employees; and information about any other matters that the Employer reasonably believes are likely to affect the Employees; and 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. (ai) This term applies if the Employer employer:
(a) 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 Employer.employees; or
(b) The proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major Change
(ii) 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) subclauses (iii) to (ix) apply.
(iii) The relevant employees may appoint a representative, which may be a representative from the NSWNA, 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; ;
(c) the employer must recognise the representative.
(cv) As soon as practicable after making its decision, the employer must must:
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
(db) For for the purposes of the discussion—provide, provide in writing, to the relevant employees employees:
(i) all relevant information about the change including the nature of the change proposed; and and
(ii) information about the expected effects of the change on the employees; and and
(iii) any other matters likely to affect the employees.
(evi) 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 (ii) and (iii) 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.
(i) 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 9 applies if the Employer has made a definite decision proposed:
(i) to introduce a major change to production, program, organisation, structure, or technology in relation to its enterpriseenterprise or any other change that may result in the termination of employment of employee/s or financial detriment to the employee/s; and the change is likely to have a significant effect on employees of the Employer;
(ii) a change to employee/s regular roster or ordinary hours of work.
(b) The employer If the Employer determines on a preliminary basis, that there is a need for major change the Employer will as soon as practicable thereafter, but prior to a final decision being made, consult with employees who may be affected by that workplace change, and the Union. This initial consultation will address the issues which have arisen, the need for workplace change, and any approaches preferred by the Employer to address these issues, with this information to be provided in writing to employees and the Union.
(c) Where the Employer then makes a definite decision to introduce major change, the Employer must notify the relevant employees and the Union of the decision to introduce the proposed introduction of major change. The relevant employees may appoint a representative, which may be a representative from the NSWNA, 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.;
(ce) As soon as practicable after making its decision, the employer must Employer must:
(i) discuss with the relevant employeesemployee/s and their Union:
(i1) the introduction of the change; and
(ii2) the effect the change is likely to have on the employeesemployee/s; and
(iii3) measures the employer Employer is taking to avert or mitigate the adverse effect of the change on the employeesemployee/s; and
(dii) For for the purposes of the discussiondiscussion — provide, provide in writing, to the relevant employees employee/s and their Union:
(1) all relevant information about the change including the nature of the change proposed; and and
(2) information about the expected effects of the change on the employeesemployee/s; and and
(3) any other matters likely to affect the employees.employee/s.
(ef) However, the employer Employer is not required to disclose confidential or commercially sensitive information to the relevant employees.employee/s.
(fg) The employer Employer must give prompt and genuine consideration to matters raised about the major change by the relevant employeesemployee/s and the Union.
(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 employerEmployer, the requirements set out in subclauses 9(b), (iic) and (iiie) are taken not to apply.
(hi) In this termclause 9, a major change is likely to have a significant effect on employees employee/s if it results in in:
i. the termination of the employment of employees; or employee/s;
ii. major change to the composition, operation or size of the employer‘s Employer’s workforce or to the skills required of employees; or employee/s;
iii. the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or ;
iv. the alteration of hours of work; or ;
v. the need to retrain employees; or employee/s;
vi. the need to relocate employees employee/s to another workplace; or ;
vii. the restructuring of jobs;
viii. changes to regular roster or ordinary hours of work.
(j) 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(k) to (p) apply.
(k) The relevant employees may appoint a representative for the purposes of the procedures in relation to a change referred to in subclause 9(a)(ii).
(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;
(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) 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); and
(iv) consider any views given by the employees 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 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
Samples: Enterprise Agreement
CONSULTATION REGARDING CHANGE. (a) This term applies if the Employer 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 the employees; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of the Employer.work of employees. Major change
(b) The For a major change referred to in paragraph (a)(i):
(i) the employer must notify the relevant employees of the decision to introduce the major change. ; and
(ii) subclauses (c) to (i) apply.
(c) The relevant employees may appoint a representative, which may be a union representative from the NSWNAHWU, 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.
(ce) As soon as practicable after making its decision, the employer must must:
(i) discuss with the relevant employees:
(i1) the introduction of the change; and
(ii2) the effect the change is likely to have on the employees; and
(iii3) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
(dii) For for the purposes of the discussiondiscussion – provide, provide in writing, to the relevant employees and their appointed representatives:
(1) all relevant information about the change including the nature of the change proposed; and and
(2) information about the expected effects of the change on the employees; and and
(3) any other matters likely to affect the employees.
(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 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 (b)(i) and subclauses (ii3) and (iii5) are taken not to apply.
(hi) 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 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 or
(vii) the restructuring of jobs.. Change to regular roster or ordinary hours of work
(j) For a change referred to in paragraph (a)(ii):
(i) the employer must notify the relevant employees of the proposed change; and
(ii) subclauses (k) to (o) apply.
(k) 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
Samples: Enterprise Agreement
CONSULTATION REGARDING CHANGE. (ai) This term applies if the Employer employer:
(a) 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 Employer.employees; or
(b) The proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major change
(ii) 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) subclauses (iii) to (ix) apply.
(iii) The relevant employees may appoint a representative, which may be a representative from the NSWNA, 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.
(cv) As soon as practicable after making its decision, the employer must must:
(a) discuss with the relevant employees:
(i1) the introduction of the change; and
(ii2) the effect the change is likely to have on the employees; and
(iii3) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
(db) For for the purposes of the discussion--provide, provide in writing, to the relevant employees employees:
(1) all relevant information about the change including the nature of the change proposed; and and
(2) information about the expected effects of the change on the employees; and and
(3) any other matters likely to affect the employees.
(evi) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
(fvii) The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
(gviii) If a term in the enterprise 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 (iiiii) and (iiiv) are taken not to apply.
(hix) In this term, 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 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.
(ix) 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.
(xi) The relevant employees may appoint a representative for the purposes of the procedures in this term.
(xii) 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.
(xiii) 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) 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
(c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).
(xiv) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
(xv) The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees.
(xvi) In this term, relevant employees means the employees who may be affected by the major change.:
Appears in 1 contract
Samples: Enterprise Agreement
