Common use of CONSULTATION REGARDING CHANGE Clause in Contracts

CONSULTATION REGARDING CHANGE. 10.1 This term applies if the employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major Change 10.2 For a major change referred to in paragraph (10.1) (a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses (10.3) to (10.9) apply. 10.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 10.4 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; (c) the employer must recognise the representative. 10.5 As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion-provide, in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 10.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 10.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 10.8 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 paragraph 10.2(a) and subclauses 10.3 and 10.5 are taken not to apply. 10.9 In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the 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. 10.10 Consultation regarding changes to regular rosters or ordinary hours of work For a change referred to in clause 10.1(b): (i) the employer must notify the relevant employees of the proposed change; and (ii) subclauses (b) to (e) apply. (a) The relevant employees may appoint a representative for the purposes of the procedures in this term. (b) 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. (c) As soon as practicable after proposing to introduce the change the employer must: (iii) discuss with relevant employees the introduction of the change; and (iv) 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 matter the employer reasonably believes are likely to affect the employees; and (v) 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). (vi) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (vii) The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 10.11 In this term "relevant employees" means the employees who may be affected by a change referred to in subclause (10.1).

CONSULTATION REGARDING CHANGE. 10.1 This term applies if the employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major Change 10.2 For a major change referred to in paragraph (10.1) (a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses (10.3) to (10.9) apply. 10.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 10.4 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; (c) the employer must recognise the representative. 10.5 As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion---provide, in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 10.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 10.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 10.8 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 paragraph 10.2(a) and subclauses 10.3 and 10.5 are taken not to apply. 10.9 In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the 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.. Change to regular roster or ordinary hours of work 10.10 Consultation regarding changes to regular rosters or ordinary hours of work For a work (a) Where the employer proposes to change referred to in clause 10.1(b):an employee’s regular roster or ordinary hours of work, the employer must: (i) provide information about the employer must notify change to the relevant employee or employees of the proposed changeaffected; and (ii) subclauses (b) to (e) apply. (a) The relevant employees may appoint a representative for the purposes of the procedures in this term. (b) If: (i) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (ii) invite 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 proposing to introduce the change the employer must: (iii) discuss with relevant employees the introduction of the change; and (iv) 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 matter the employer reasonably believes are likely to affect the employees; and (v) invite the relevant employees affected to give their views about the impact of the change (change, including any impact in relation to their family or caring responsibilities); and (iii) consider any views given by employees about the impact of the change. (vib) However, An employer or employee may appoint a representative for the employer is not required to disclose confidential or commercially sensitive information to the relevant employeespurposes of this clause. (viii) The employer identity of the representative must give prompt be advised to the other party. (c) The obligations under sub-clause (a) shall be read in conjunction with the other agreement provisions concerning the scheduling of work and genuine consideration notice requirement, including but not limited to matters raised about Clause 23 - Hours of Work and Free Time of Employees other than Directors of Nursing and Clause 25 - Rosters. (d) This clause is to be read in conjunction with other provisions in this Agreement concerning the major change by the relevant employeesscheduling of work and notice requirements. (e) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours. 10.11 In this term "relevant employees" means the employees who may be affected by a change referred to in subclause (10.1).term:

CONSULTATION REGARDING CHANGE. 10.1 a. This term applies if the employer: (a) has made a definite decision to introduce Employer is considering introducing a major change to production, program, organisation, structure structure, or technology in relation to its enterprise enterprise; and the change is likely to have a significant effect on employees of the Employer. 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 employees; or (bii) proposes to introduce a change to the their regular roster or ordinary hours of work of employees. Major Change 10.2 For a major change referred to in paragraph (10.1) (a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses (10.3) to (10.9) applywork. 10.3 c. The relevant employees may appoint a representative, which may be a representative from the ASU for the purposes of the procedures in this term. 10.4 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; (c) the employer must recognise the representative. 10.5 As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion-provide, in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 10.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 10.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 10.8 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 paragraph 10.2(a) and subclauses 10.3 and 10.5 are taken not to apply. 10.9 In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the 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. 10.10 Consultation regarding changes to regular rosters or ordinary hours of work For a change referred to in clause 10.1(b): (i) the employer must notify the relevant employees of the proposed change; and (ii) subclauses (b) to (e) apply. (a) The relevant employees may appoint a representative for the purposes of the procedures in this term. (b) d. 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 Employer of the identity of the representative; the employer Employer must recognise the representative. (c) e. As soon as practicable after proposing to introduce making its decision, the change the employer Employer must: (iiii) discuss with the relevant employees employees: (1) the introduction of the change; and (iv2) 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 — provide, in writing, to the relevant employees: (1) all relevant information about the change proposal including the nature of the changechange proposed; and (2) information about what the employer reasonably believes will be the expected effects of the change on the employees; and (3) information about any other matter the employer reasonably believes are matters likely to affect the employees; and (v) 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). (vi) f. However, the employer Employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (vii) g. The employer Employer must give prompt and genuine consideration to matters raised about the major change by the relevant employeesemployees and provide an opportunity to provide input that may influence the decision. 10.11 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. i. In this term "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. j. In this term, relevant employees" employees means the employees who may be affected by a change referred to in subclause (10.1)the major change.