Common use of Consultation regarding Major Change Clause in Contracts

Consultation regarding Major Change. 22.1 This term applies if: (a) the Company has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and (b) the change is likely to have a significant effect on employees of the enterprise. 22.2 For the avoidance of doubt, this clause does not apply to a major change to production, program, organisation, structure or technology in relation to the enterprise if that change is accommodated by another clause of this Agreement. 22.3 The Company must notify the relevant employees of the decision to introduce the major change. 22.4 The relevant employees may appoint a representative, including an Association representative for the purposes of the procedures in this term. 22.5 If: (a) a relevant employee appoints, or relevant employees appoint, a representative including an Association representative for the purposes of consultation; and (b) the employee or employees advise the Company of the identity of the representative. the Company must recognise the representative. 22.6 As soon as practicable after making its decision, the Company must: (a) discuss with the relevant employees and their representatives, including an Association representative: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the Company is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion - provide, in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 22.7 However, the Company is not required to disclose confidential or commercially sensitive information to the relevant employees or their representatives, including an Association representative. 22.8 The Company must give prompt and genuine consideration to matters raised about the major change by the relevant employees or their representatives, including an Association representative. 22.9 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Company, the requirements set out in subclauses 22.3, 22.4 and 22.6 are taken not to apply. 22.10 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 Company'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. 22.11 In this clause, relevant employees means the employees who may be affected by the major change.

Consultation regarding Major Change. 22.1 (a) This term clause applies if: (ai) the Company Employer has made a definite decision proposal to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and (bii) the proposed change is likely to have a significant effect on employees of the enterpriseEmployees. 22.2 For (b) Once the avoidance of doubtEmployer has a proposal to introduce major change, this clause does not apply to a major change to production, program, organisation, structure or technology in relation to the enterprise if that change is accommodated by another clause of this Agreement. 22.3 The Company Employer must notify the relevant employees Relevant Employees and their representative/s of the decision to introduce the proposed major change. 22.4 . The relevant employees Relevant Employees may appoint a representativebe represented, including an Association representative for the purposes of the procedures in this term. 22.5 If: (a) a relevant employee appointsby their Union, or relevant employees appoint, a representative including an Association representative for the purposes of consultation; and . A Relevant Employee may also choose not to be represented (b) in which case the employee or employees advise the Company provisions in respect of the identity of the representativerepresentatives in this clause do not apply). the Company The Employer must recognise the any representative. 22.6 (c) As soon as practicable after making its decisionthe Employer has a proposal to introduce major change, the Company Employer must: (a) discuss with the relevant employees and their representatives, including an Association representative: (i) Discuss with the Relevant Employees and their representative: (A) the proposed introduction of the change; and (iiB) the effect the proposed change is likely to have on the employeesRelevant Employees; and (iiiC) measures the Company Employer is taking to avert or mitigate the any adverse effect of the proposed change on the employees; andRelevant Employees. (bii) for For the purposes of the discussion - discussions – provide, in writing, to the relevant employeesRelevant Employees and their representatives: (iA) all relevant information about the proposed change including the nature of the change proposed; and (iiB) information about the expected effects of the proposed change on the employeesRelevant Employees; and (iiiC) information about any other matters likely to affect the employees. 22.7 Relevant Employees. However, the Company Employer is not required to disclose confidential or commercially sensitive information information. (d) Consultation shall be conducted in good faith within reasonable timeframes by all parties, including a reasonable timeframe for the Relevant Employees and their representatives to respond to the relevant employees or their representatives, including an Association representativeproposed change. The Employer will give consideration to forming a working party where appropriate. 22.8 (e) The Company Employer must give prompt and genuine consideration to matters raised about the major proposed change by the relevant employees or Relevant Employees and their representatives, including an Association representative. 22.9 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Company, the requirements set out in subclauses 22.3, 22.4 and 22.6 are taken not to apply. 22.10 (f) In this termclause, a major change is likely to have a significant effect on employees Employees if it results in: (ai) the termination of the employment of employees: Employees; or (bii) major change to the composition, operation or size of the Company's workforce Employer’s workforce, classification structure, or to the skills required of employeesEmployees; or (ciii) the elimination or diminution of job opportunities (including opportunities for promotion or tenure): ); or (div) the alteration of hours of work; or (ev) the need to retrain employeesEmployees; or (fvi) the need to relocate employees Employees to another workplace; or (gvii) the restructuring of jobs, including significant changes to position descriptions; or (viii) significant changes to uniforms, provided that a major change will be deemed not have a significant effect on Employees if this Agreement makes provision for the relevant change, (although a clause that makes such a provision may expressly provide for consultation). 22.11 (g) In this clause, relevant employees Relevant Employees means the employees those Employees who may be affected by the major changechange referred to in clause 110.1(a)(i).

Consultation regarding Major Change. 22.1 This term applies if: (a) the Company 2.2.1 In circumstances where Council has made a definite an in principle decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and (b) enterprise and the change is likely to have a significant effect on employees of the enterprise., and then the following provisions apply: 22.2 For the avoidance of doubt, this clause does not apply to a major change to production, program, organisation, structure or technology in relation to the enterprise if that change is accommodated by another clause of this Agreement. 22.3 The Company a) Council must notify the relevant employees of the decision to introduce the major change. 22.4 The b) the relevant employees may appoint a representative, including an Association representative for the purposes of the procedures in this term. 22.5 If:c) if the employee is a union member, they may be represented by their union organiser or delegate at any stage of this procedure unless waived by that employee. (ad) if a relevant employee appoints, or relevant employees appoint, appoint a representative including an Association representative for the purposes of consultation; and (b) consultation and the employee or employees advise the Company employer of the identity of the representative. , the Company Council must recognise the representative. 22.6 As e) as soon as practicable after making its decision, the Company must: (a) relevant manager/supervisor must discuss with the relevant employees and their representatives, including an Association representativeemployees: (i) i. the introduction of the change; and (ii) . the effect the change is likely to have on the employees; and (iii) . measures the Company Council is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for iv. the purposes of the discussion - relevant manager/supervisor must provide, in writing, to the relevant employees: (i) employees and their representative all relevant information about the change including the nature of the change proposed; and (ii) v. information about the expected effects of the change on the employees; and (iii) vi. any other matters likely to affect the employees. 22.7 However, the Company is not required to disclose confidential or commercially sensitive information to the relevant employees or their representatives, including an Association representative. 22.8 The Company f) management must give prompt and genuine consideration to matters raised about the major change by the relevant employees or their representatives, including an Association representativeemployees. 22.9 If a term g) in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Company, the requirements set out in subclauses 22.3, 22.4 and 22.6 are taken not to apply. 22.10 In this term, a major change is likely to have a significant effect on employees if it results in: (a) i. the termination of the employment of employees: ; or (b) ii. major change to the composition, operation or size of the Companyemployer's workforce or to the skills required of employees; or (c) iii. the elimination or diminution of job opportunities (including opportunities for promotion or tenure): ); or (d) iv. the alteration of hours of work; or (e) v. the need to retrain employees; or (f) vi. the need to relocate employees to another workplace; or (g) vii. the restructuring of jobs; or viii. the introduction of performance appraisal schemes; or ix. the introduction of wage and salary administration schemes. 22.11 x. policy changes that may result in a change to the Terms and Conditions of Employment xi. Transmission of business as per FWA - Part 2.8 xii. Amalgamations subject o legislative requriements h) In this clauseterm, relevant employees employees, means the employees who may be affected by the major change. i) Burnie City Council is not required to disclose confidential or commercially sensitive information to the relevant parties.

Consultation regarding Major Change. 22.1 1) This term applies ifif the Company: (a) the Company has made a definite decision to introduce a major change to production, program, organisation, structure, structure or technology in relation to its enterprise; and (b) the change enterprise that is likely to have a significant effect on employees the employees; or b) proposes to introduce a change to the regular roster or ordinary hours of the enterprisework of employees. 22.2 2) For the avoidance of doubt, this clause does not apply to a major change referred to production, program, organisation, structure or technology in relation to paragraph (1)(a): a) the enterprise if that change is accommodated by another clause of this Agreement. 22.3 The Company must notify the relevant employees of the decision to introduce the major change; and b) subclauses (3) to (9) apply. 22.4 3) The relevant employees may appoint a representative, including an Association representative for the purposes of the procedures in this term. 22.5 4) If: (a) a relevant employee appoints, or relevant employees appoint, a representative including an Association representative for the purposes of consultation; and (b) the employee or employees advise the Company of the identity of the representative. ; the Company must recognise the representative. 22.6 5) As soon as practicable after making its decision, the Company must: (a) discuss with the relevant employees and their representatives, including an Association representativeemployees: (i) i. the introduction of the change; and (ii) . the effect the change is likely to have on the employees; and (iii) . measures the Company is taking to avert or mitigate the adverse effect of the change on the employees; and. (b) for the purposes of the discussion - provide, in writing, to the relevant employees: (i) 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. 22.7 6) However, the Company is not required to disclose confidential or commercially sensitive information to the relevant employees or their representatives, including an Association representativeemployees. 22.8 7) The Company must give prompt and genuine consideration to matters raised about the major change by the relevant employees or their representatives, including an Association representativeemployees. 22.9 8) If a term in this Agreement agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Company, the requirements set out in paragraph (2)(a) and subclauses 22.3, 22.4 (3) and 22.6 (5) are taken not to apply. 22.10 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 Company's workforce or ’s workforce; or c) to the skills required of employees; or (cd) the elimination or diminution of job opportunities (including opportunities for promotion or tenure): ); or (de) the alteration of hours of work; or (ef) the need to retrain employees; or (fg) the need to relocate employees to another workplace; or (gh) the restructuring of jobs. 22.11 10) For a change referred to in paragraph (1)(b): a) the Company must notify the relevant employees of the proposed change; and b) subclauses (11) to (15) apply. 11) The relevant employees may appoint a representative for the purposes of the procedures in this term. 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 Company of the identity of the representative; the Company must recognise the representative. 13) As soon as practicable after proposing to introduce the change, the Company must: a) discuss with the relevant employees the introduction of the change; and b) for the purposes of the discussion provide to the relevant employees: i. all relevant information about the change, including the nature of the change; and ii. information about what the Company reasonably believes will be the effects of the change on the employees; and iii. information about any other matters that the Company reasonably believes are likely to affect the employees. 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). 14) However, the Company is not required to disclose confidential or commercially sensitive information to the relevant employees. 15) The Company must give prompt and genuine consideration to matters raised about the change by the relevant employees. 16) In this clause, relevant employees means the employees who may be affected by the major change.term: