Consultation regarding Major Change. (a) Where an Employer proposes a Major Change that may have a Significant Effect on an Employee or Employees, the Employer will consult with the Affected Employee/s, the Union, and the Employee’s other chosen representative (where relevant) through the steps set out below in this clause 13 before the proposed Major Change (including part of a Major Change) occurs. (b) Consultation requires the Employer to take reasonable steps to consult with Employees who are absent on leave including on workers compensation or parental leave. (c) The Employer will take reasonable steps to ensure Employees, HSRs (where relevant) and the Union can participate effectively in the Consultation process. (d) With respect to the process set out in this clause 13: (i) a Major Change (including part of a Major Change) must not be implemented prior to the steps in subclauses 13.4 to 13.9 being completed, other than by agreement with the Affected Employee/s and Union; and (ii) the process in this clause 13 will not be used to prevent or frustrate Major Change, save that a party raising a dispute alleging non-compliance with this clause 13 does not, of itself, indicate the party is trying to prevent or frustrate Major Change. (e) An Employer shall complete each step prior to proceeding to the next step in this process save that nothing prevents an Employer from progressing where the Employer has complied with the relevant requirements of this clause 13 and the Affected Employee/s, the Union, and/or the Employee’s other chosen representative (where relevant) have chosen not to participate / respond, despite being given a reasonable opportunity to do so.
Appears in 4 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
