Common use of Consultation regarding Major Change Clause in Contracts

Consultation regarding Major Change. (a) If the employer is seriously considering major workplace changes that are likely to have a significant effect on the employees covered by this agreement, the employer must consult with any employees who will be affected by the decision. An employee is entitled to be represented by the Union or other representative for the purpose of consultation under this clause 14. (b) As soon as practicable the employer must discuss with the relevant employees and their representatives the introduction of the change; and the effect the change is likely to have on the employees. The employer must discuss measures to avert or mitigate the adverse effect of the change on the employees (c) For the purposes of the discussion the employer will provide the relevant employees and their representatives in writing: (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. (d) In complying with this clause the employer is not required to disclose information which is confidential and commercially sensitive. (e) The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees and the representatives. (f) As soon as a final decision has been made, the employer must notify the employees affected and their representatives, in writing, and explain the effects of the decision. (g) All participants must act in good faith in relation to the consultation process provided in this clause. (h) While consultation in relation to major change is taking place, except where a genuine occupational health and safety issue is involved, the status quo will remain. The existing situation, terms and conditions of work and work practices immediately prior to the employer’s consideration of major change will not be altered. No party will be prejudiced as to the final settlement by the continuance of work in accordance with this clause. (i) In this clause: (i) ‘Good faith’ includes obligations to meet, disclose relevant information, genuinely consider proposals and respond with reasons, and to refrain from capricious or unfair conduct that undermines consultation. (ii) A major change is “likely to have a significant effect on employees” if it results in: the termination of the employment of employees; or 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 or job security (including reduction or limitation of 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; or the introduction or variation of any policy or procedure relating to drug and alcohol testing, or the introduction or variation of any policy or procedure relating to workplace privacy and electronic surveillance of any kind in the workplace; or any change to which the transfer of business provisions set out in Part 2-8 of the Act apply.‌

Consultation regarding Major Change. (a) 11.1 If the employer is seriously considering Employer has made a definite decision to introduce a major workplace changes change that are is likely to have a significant effect on the employees covered by this agreement, the employer Employer must consult with the Union and any employees who will be affected by the decision. An employee is entitled to be represented by the Union or other representative for the purpose of consultation under this clause 14clause. (b) 11.2 As soon as practicable the employer must discuss with the union and relevant employees and their representatives the introduction of the change; and the effect the change is likely to have on the employees. The employer must discuss measures to avert or mitigate the adverse effect of the change on the employees. (c) 11.3 For the purposes of the discussion the employer will provide the union and relevant employees and their representatives in writing: (ia) all relevant information about the change including the nature of the change proposed; and (iib) information about the expected effects of the change on the employees; and (iiic) any other matters likely to affect the employees. (d) 11.4 In complying with this clause the employer is not required to disclose information which is confidential and commercially sensitive. (e) 11.5 The employer must give prompt and genuine consideration to matters raised about the major change by the Union or relevant employees and the representativesemployees. (f) 11.6 As soon as a final decision has been made, the employer Employer must notify the Union and the employees affected and their representativesaffected, in writing, and explain the effects of the decision. (g) 11.7 All participants must act in good faith in relation to the consultation process provided in this clause. (h) 11.8 While consultation in relation to major change is taking place, except where a genuine occupational health and safety issue is involved, the status quo will remain. The existing situation, terms and conditions of work and work practices immediately prior to the employer’s consideration of major change will not be altered. No party will be prejudiced as to the final settlement by the continuance of work in accordance with this clause. (i) 11.9 In this clause: (i) ‘Good faith’ includes obligations to meet, disclose relevant information, genuinely consider proposals and respond with reasons, and to refrain from capricious or unfair conduct that undermines consultation. (ii) A major change is “likely to have a significant effect on employees” if it results in: the termination of the employment of employees; or 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 or job security (including reduction or limitation of 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; or the introduction or variation of any policy or procedure relating to drug and alcohol testing, or the introduction or variation of any policy or procedure relating to workplace privacy and electronic surveillance of any kind in the workplace; or any change to which the transfer of business provisions set out in Part 2-8 of the Act apply.‌

Consultation regarding Major Change. (a) If the employer is seriously considering major workplace changes that are likely to have a significant effect on the employees covered by this agreement, the employer must consult with the Union and any employees who will be affected by the decision. An employee is entitled to be represented by the Union or other representative for the purpose of consultation under this clause 14clause. (b) As soon as practicable the employer must discuss with the union and relevant employees and their representatives the introduction of the change; and the effect the change is likely to have on the employees. The employer must discuss measures to avert or mitigate the adverse effect of the change on the employees (c) For the purposes of the discussion the employer will provide the Union and relevant employees and their representatives in writing: (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. (d) In complying with this clause the employer is not required to disclose information which is confidential and commercially sensitive. (e) The employer must give prompt and genuine consideration to matters raised about the major change by the Union or relevant employees and the representativesemployees. (f) As soon as a final decision has been made, the employer must notify the Union and the employees affected and their representativesaffected, in writing, and explain the effects of the decision. (g) All participants must act in good faith in relation to the consultation process provided in this clause. (h) While consultation in relation to major change is taking place, except where where. a genuine occupational health and safety issue is involved, the status quo will remain. The existing situation, terms and conditions of work and work practices immediately prior to the employer’s 's consideration of major ofmajor change will not be altered. No party will be prejudiced as to the final settlement by the continuance of work in accordance with this clause. (i) In this clause: (i) ‘Good faith’ ' includes obligations to meet, disclose relevant information, genuinely consider proposals and respond with reasons, and to refrain from capricious or unfair conduct that undermines consultation. (ii) A major change is “"likely to have a significant effect on employees” " if it results in: the termination of the employment of employees; or 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 or job security (including reduction or limitation of 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; or the introduction or variation of any policy or procedure relating to drug and alcohol testing, or the introduction or variation of any policy or procedure relating to workplace privacy and electronic surveillance of any kind in the workplace; or any change to which the transfer of business provisions set out in Part 2-8 of the Act apply.‌apply.

Consultation regarding Major Change. (a) If the employer is seriously considering major workplace changes that are likely to have a significant effect on the employees covered by this agreement, the employer must consult with the Union and any employees who will be affected by the decision. An employee is entitled to be represented by the Union or other representative for the purpose of consultation under this clause 14clause. (b) As soon as practicable the employer must discuss with the union and relevant employees and their representatives the introduction of the change; and the effect the change is likely to have on the employees. The employer must discuss measures to avert or mitigate the adverse effect of the change on the employees (c) For the purposes of the discussion the employer will provide the Union and relevant employees and their representatives in writing: (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. (d) In complying with this clause the employer is not required to disclose information which is confidential and commercially sensitive. (e) The employer must give prompt and genuine consideration to matters raised about the major change by the Union or relevant employees and the representativesemployees. (f) As soon as a final decision has been made, the employer must notify the Union and the employees affected and their representativesaffected, in writing, and explain the effects of the decision. (g) All participants must act in good faith in relation to the consultation process provided in this clause. (h) While consultation in relation to major change is taking place, except where a genuine occupational health and safety issue is involved, the status quo will remain. The existing situation, terms and conditions of work and work practices immediately prior to the employer’s consideration of major change will not be altered. No party will be prejudiced as to the final settlement by the continuance of work in accordance with this clause. (i) In this clause: (i) ‘Good faith’ includes obligations to meet, disclose relevant information, genuinely consider proposals and respond with reasons, and to refrain from capricious or unfair conduct that undermines consultation. (ii) A major change is “likely to have a significant effect on employees” if it results in: the termination of the employment of employees; or 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 or job security (including reduction or limitation of 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; or the introduction or variation of any policy or procedure relating to drug and alcohol testing, or the introduction or variation of any policy or procedure relating to workplace privacy and electronic surveillance of any kind in the workplace; or any change to which the transfer of business provisions set out in Part 2-8 of the Act apply.‌apply.