CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (1) This clause applies if a major workplace change is likely to have a significant effect or there is a change to the regular roster or ordinary hours of work on Employees (the relevant Employees). (2) The Company must notify and provide information to the relevant Employees of: (a) a major workplace change that is likely to have a significant effect on the Employees; or (b) a change to their regular roster or ordinary hours of work. (3) The Company must consult and invite the relevant Employees to give their views about: (a) the timing and introduction of the change; (b) the impact the change is likely to have on the Employees (including any impact in relation to their family or caring responsibilities); and (c) measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees. (4) The Company is not required to disclose confidential or commercially sensitive information to the relevant Employees. (5) The Company must consider matters raised about the major change or changes to their regular roster or ordinary hours of work by the relevant Employees. (6) Where the Company proposes to introduce a change to the regular roster or ordinary hours of work of Employees on a particular site, the Company will: (a) Provide information to the Employees about the change; (b) Invite Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and (c) Consider any views given by the Employees about the impact of the change. (7) The Company will discuss with the affected Employees the introduction of the change, all relevant information about the change, including the nature of the change, information about what the Company reasonably believes will be the effects of the change on the Employees and information about any other matters the Company reasonably believes are likely to affect the Employees. (8) However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees. (9) The discussions will commence as soon as practicable after proposing to introduce the change and Employees will be invited to give their views about the impact of the change. (10) The Company will give prompt and genuine consideration to matters raised about the change by the affected Employees. (11) At any stage during the processes in this clause, an Employee may appoint a representative of their choice in writing. The Company’s obligation to consult or provide information to the representative only occurs after written notice is provided to the Company.
Appears in 7 contracts
Samples: Greenfields Agreement, Greenfields Agreement, Greenfields Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 2.2.1 Employers to notify
(1a) This clause applies if Where an employer has made a definite decision to introduce major workplace change is changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.
(b) Significant effects include termination of employment; major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where the relevantis aAward makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
2.2.2 Employers to discuss change
(a) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 2.2.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(b) The discussions must commence as early as practicable after a significant effect definite decision has been made by the employer to make the changes referred to in clause 2.2.1.
(c) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer's interests.
2.2.3 Consultation about changes to rosters or there is a hours of work
(a) Where an employer proposes to change an employee's regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.
(b) The employer must:
i. provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee's regular roster or ordinary hours of work on Employees (the relevant Employeesand when that change is proposed to commence).;
(2) The Company must notify and provide information to the relevant Employees of:
(a) a major workplace change that is likely to have a significant effect on the Employees; or
(b) a change to their regular roster or ordinary hours of work.
(3) The Company must consult and ii. invite the relevant Employees to give employee or employees affected and their views about:
(a) the timing and introduction of the change;
(b) the impact the change is likely to have on the Employees (including any impact in relation to their family or caring responsibilities); and
(c) measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees.
(4) The Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(5) The Company must consider matters raised about the major change or changes to their regular roster or ordinary hours of work by the relevant Employees.
(6) Where the Company proposes to introduce a change to the regular roster or ordinary hours of work of Employees on a particular siterepresentatives, the Company will:
(a) Provide information to the Employees about the change;
(b) Invite Employees if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and
(c) Consider iii. give consideration to any views given by the Employees about the impact of the change.
(7) The Company will discuss with the affected Employees the introduction of the change, all relevant information about the change, including the nature of the change, information about what the Company reasonably believes will be the effects of the change on the Employees and information about any other matters the Company reasonably believes are likely to affect the Employees.
(8) However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(9) The discussions will commence as soon as practicable after proposing to introduce the change and Employees will be invited to give their views about the impact of the changeproposed change that are given by the employee or employees concerned and/or their representatives.
(10c) The Company will give prompt and genuine consideration requirement to matters raised about the change by the affected Employeesconsult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.
(11d) At any stage during These provisions are to be read in conjunction with other award provisions concerning the processes in this clause, an Employee may appoint a representative scheduling of their choice in writing. The Company’s obligation to consult or provide information to the representative only occurs after written work and notice is provided to the Companyrequirements.
Appears in 1 contract
Samples: Collective Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (1a) This clause applies if Duty to Notify and Discuss
(i) Where the Employer has made a definite decision to introduce major workplace change is changes in production, program, organisation, structure or technology that are likely to have a significant effect or there is a change to effects on Employees, the regular roster or ordinary hours of work on Employer shall notify the Employees (who may be affected by the relevant Employees)proposed changes and the Union.
(2ii) The Company must notify Employer shall discuss with the Employees affected and provide information their representative, which may include the union to which they belong, the relevant Employees of:
(a) a major workplace change that is introduction of such changes, their likely to have a significant effect on the Employees; or
(b) a change to their regular roster or ordinary hours of work.
(3) The Company must consult , and invite the relevant Employees to give their views about:
(a) the timing and introduction of the change;
(b) the impact the change is likely to have on the Employees (including any impact in relation to their family or caring responsibilities); and
(c) measures the Company is taking taken to avert or mitigate the adverse effect effects of the change on the Employeessuch changes.
(4iii) The Company is not required to disclose confidential ‘Significant effects’ include termination of employment, major changes in the composition, operation or commercially sensitive information to size of the relevant Employees.
(5) The Company must consider matters raised about Employer’s workforce or in the major change skills required, the elimination or changes to their regular roster diminution of job opportunities, promotion opportunities or ordinary job tenure, the alteration of hours of work by work, the relevant Employees.
(6) Where the Company proposes to introduce a change to the regular roster need for retraining or ordinary hours of work transfer of Employees on a particular site, to other work or locations and the Company will:
(a) Provide information to the Employees about the change;restructuring of jobs.
(b) Invite Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); andDiscussions before Termination
(ci) Consider any views given Where an Employer has made a definite decision that the Employer no longer wishes the job the Employee has been doing done by anyone, and that decision may lead to the termination of employment, the Employer shall hold discussions with the Employees about directly affected and with their chosen representative, which may include the impact of the changeunion to which they belong.
(7ii) The Company discussions shall take place as soon as is practicable after the Employer has made a definite decision which will discuss with invoke subparagraph 18.2(b)(i) and shall cover, inter alia, any reasons for the affected Employees proposed terminations, measures to avoid or minimise the introduction terminations and measures to mitigate any adverse effects of any termination of the changeEmployees concerned.
(iii) For the purposes of the discussion the Employer shall, as soon as practicable, provide in writing to the Employees concerned and their representative, which may include the union to which they belong, all relevant information about the changeSupport Staff (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2023 proposed terminations including the nature reasons for the proposed terminations, the number and categories of Employees likely to be affected, and the change, information about what number of Employees normally employed and the Company reasonably believes will be period over which the effects of the change on the Employees and information about any other matters the Company reasonably believes terminations are likely to affect the Employees.
(8) However, the Company is be carried out. Provided that any Employer shall not be required to disclose confidential or commercially sensitive information to the relevant Employeesdisclosure of which would adversely affect the Employer.
(9) The discussions will commence as soon as practicable after proposing to introduce the change and Employees will be invited to give their views about the impact of the change.
(10) The Company will give prompt and genuine consideration to matters raised about the change by the affected Employees.
(11) At any stage during the processes in this clause, an Employee may appoint a representative of their choice in writing. The Company’s obligation to consult or provide information to the representative only occurs after written notice is provided to the Company.
Appears in 1 contract
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (1) 11.1 This clause applies if if:
(a) The Employer has made a definite decision to introduce a major workplace change to production, program, organisation, structure, or technology in relation to its enterprise; and
(b) The change is likely to have a significant effect or there is a change to the regular roster or ordinary hours of work on Employees (of the Employer.
11.2 The Employer must notify the relevant Employees of the decision to introduce the major change.
11.3 The relevant Employees may appoint a representative for the purposes of the procedures in this clause. 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.
11.4 As soon as practicable after making its decision, the Employer must discuss with the relevant Employees).
(2) The Company must notify and provide information to the relevant Employees of:
(a) a major workplace change that is likely to have a significant effect on the Employees; or
(b) a change to their regular roster or ordinary hours of work.
(3) The Company must consult and invite the relevant Employees to give their views about:
(a) the timing and introduction of the change;
(b) the impact The effect the change is likely to have on the Employees (including any impact in relation to their family or caring responsibilities)relevant Employees; and
(c) measures Measures the Company Employer is taking to avert or mitigate the adverse effect of the change on the relevant Employees.
11.5 The Employer must for the purposes of the discussion provide, in writing, to the relevant Employees:
(4a) All relevant information about the change including the nature of the change proposed;
(b) Information about the expected effects of the change on the relevant Employees; and
(c) Any other matters likely to affect the relevant Employees.
11.6 The Company Employer is not required to disclose confidential or commercially sensitive information to the relevant Employeesinformation.
(5) 11.7 The Company Employer must consider matters raised about the major change or changes to their regular roster or ordinary hours of work by the relevant Employees.
(6) Where the Company proposes to introduce a change to the regular roster or ordinary hours of work of Employees on a particular site, the Company will:
(a) Provide information to the Employees about the change;
(b) Invite Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(c) Consider any views given by the Employees about the impact of the change.
(7) The Company will discuss with the affected Employees the introduction of the change, all relevant information about the change, including the nature of the change, information about what the Company reasonably believes will be the effects of the change on the Employees and information about any other matters the Company reasonably believes are likely to affect the Employees.
(8) However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(9) The discussions will commence as soon as practicable after proposing to introduce the change and Employees will be invited to give their views about the impact of the change.
(10) The Company will give prompt and genuine consideration to matters raised about the major change by the affected relevant Employees. In addition, for a change to the Employees’ regular roster or ordinary hours of work the Employer will invite the Employees to give their views on the impact of the change.
(11) At 11.8 If a clause in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, then that other clause will apply to the extent of any stage during the processes in inconsistency with this clause.
11.9 In this clause, an Employee may appoint a representative major change is likely to have a significant effect on Employees if it results in:
(a) The termination of their choice in writing. The Company’s obligation to consult or provide information the employment of Employees;
(b) Major change to the representative only occurs after written notice is provided composition, operation or size of the Employer’s workforce or to the Companyskills required of Employees;
(c) The elimination or diminution of job opportunities (including opportunities for promotion or tenure);
(d) The alteration of hours of work, including any change to an Employee’s regular roster or ordinary hours of work;
(e) The need to relocate Employees to another workplace;
(f) The need to retrain Employees; or
(g) The restructuring of jobs.
11.10 The transfer of Employees between Vessels is not considered to be a major change.
11.11 In this clause, relevant Employees means the Employees who may be significantly affected by the major change.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (1) This clause applies if a Where TMB is seriously considering introducing major workplace change is likely to have a significant effect or there is a change to the regular roster or ordinary hours of work on Employees (the relevant Employees).
(2) The Company must notify and provide information to the relevant Employees of:change
(a) a major workplace change to the production, program, organisation, structure or technology that is likely to have a significant effect on the Employeesemployees covered by this Agreement; or
(b) a change to their regular roster or ordinary hours of work.
(3) The Company must consult and invite the relevant Employees to give their views about:
(a) the timing and introduction of the change;
(b) the impact the change is likely to have on the Employees (including any impact in relation to their family or caring responsibilities); and
(c) measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees.
(4) The Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(5) The Company must consider matters raised about the major change or changes to their regular roster or ordinary hours of work by the relevant Employees.
(6) Where the Company proposes to introduce a change to the regular roster or ordinary hours of work of Employees on a particular siteemployees, TMB will notify the employees who may be affected by the proposed changes, the Company willFSU and any other nominated representatives.
(2) In this term, a major change is likely to have a significant effect on employees if it results in:
(a) Provide information to the Employees about termination of the change;employment of employees, or
(b) Invite Employees major change to give their views about the impact composition, operation or size of TMB’s workforce or to the change (including any impact in relation to their family or caring responsibilities); andskills required of employees, or
(c) Consider 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.
(3) Provided that where this agreement makes provision for alteration of any views given of these matters an alteration is deemed not to have significant effect.
(4) TMB must discuss with the employees, the FSU and any other employee nominated representatives, the introduction of the changes referred to in this clause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the Employees about employees, the impact of FSU and/or any other employee nominated representatives, in relation to the change.
(75) The Company discussions must commence as early as practicable after a serious consideration of major change has been made by the employer to make the changes referred to above.
(6) For the purposes of such discussion, TMB will discuss with provide in writing to the affected Employees employees concerned, the introduction of the changeFSU and/or any other employee nominated representatives, all relevant information about the change, changes including the nature of the changechanges proposed, information about what the Company reasonably believes will be the expected effects of the change changes on the Employees employees and information about any other matters the Company reasonably believes are likely to affect the Employees.
(8) However, the Company employees provided that TMB is not required to disclose confidential or commercially sensitive information the disclosure of which would be contrary to the relevant EmployeesTMB’s interests.
(9) The discussions will commence as soon as practicable after proposing to introduce the change and Employees will be invited to give their views about the impact of the change.
(10) The Company will give prompt and genuine consideration to matters raised about the change by the affected Employees.
(11) At any stage during the processes in this clause, an Employee may appoint a representative of their choice in writing. The Company’s obligation to consult or provide information to the representative only occurs after written notice is provided to the Company.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (1) This clause applies if
11.1 Employer to notify:
11.1.1 Where SSA has made a definite decision to introduce major workplace change is changes in production, program, organisation, structure or technology that are likely to have a significant effect or there is a change to effects on Employees. SSA must notify the regular roster or ordinary hours of work on Employees (who may be affected by the relevant Employees)proposed changes and their representatives, if any.
(2) The Company must notify and provide information to 11.1.2 Significant effects include termination of employment; major changes in the relevant Employees of:
(a) a major workplace change that is likely to have a significant effect on composition, operation or size of the Employeesemployer’s workforce or in the skills required; or
(b) a change to their regular roster the elimination or ordinary diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of Employees to other work or locations; and the restructuring of jobs. Provided that where this Agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
(3) The Company must consult and invite the relevant Employees 11.2 Employer to give their views aboutdiscuss change:
(a) 11.2.1 SSA must discuss with the timing Employees affected and their representatives, if any, the introduction of the change;
(b) changes referred to in Clause 11.1, the impact effects the change is changes are likely to have on the Employees (including any impact in relation to their family or caring responsibilities); and
(c) and measures the Company is taking to avert or mitigate the adverse effect effects of such changes on Employees and must give prompt consideration to matters raised by the Employees and/or their representatives in relation to the changes.
11.2.2 The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in Clause 11.1.
11.2.3 For the purposes of such discussion, SSA must provide in writing to the Employees concerned and their representatives, if any, all relevant information about the changes including the nature of the change changes proposed, the expected effects of the changes on the Employees.
(4) The Company Employees and any other matters likely to affect Employees provided that SSA is not required to disclose confidential or commercially sensitive information the disclosure of which would be contrary to the relevant Employeesits interests.
(5) The Company must consider matters raised about 11.3 For the major change or changes to their regular roster or ordinary hours avoidance of work doubt, Employees who may be affected by the relevant Employeesproposed changes are entitled to be represented throughout this process.
(6) Where the Company proposes to introduce a change to the regular roster or ordinary hours of work of Employees on a particular site, the Company will:
(a) Provide information to the Employees about the change;
(b) Invite Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(c) Consider any views given by the Employees about the impact of the change.
(7) The Company will discuss with the affected Employees the introduction of the change, all relevant information about the change, including the nature of the change, information about what the Company reasonably believes will be the effects of the change on the Employees and information about any other matters the Company reasonably believes are likely to affect the Employees.
(8) However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(9) The discussions will commence as soon as practicable after proposing to introduce the change and Employees will be invited to give their views about the impact of the change.
(10) The Company will give prompt and genuine consideration to matters raised about the change by the affected Employees.
(11) At any stage during the processes in this clause, an Employee may appoint a representative of their choice in writing. The Company’s obligation to consult or provide information to the representative only occurs after written notice is provided to the Company.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (1) This clause term applies if a major workplace change is likely to have a significant effect or there is a change to the regular roster or ordinary hours of work on Employees (the relevant Employees).
(2) The Company must notify and provide information to the relevant Employees ofElectraNet:
(a) has made a definite decision to introduce a major workplace change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employeesemployees; or
(b) a change to their regular roster or ordinary hours of work.
(3) The Company must consult and invite the relevant Employees to give their views about:
(a) the timing and introduction of the change;
(b) the impact the change is likely to have on the Employees (including any impact in relation to their family or caring responsibilities); and
(c) measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees.
(4) The Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(5) The Company must consider matters raised about the major change or changes to their regular roster or ordinary hours of work by the relevant Employees.
(6) Where the Company proposes to introduce a change to the regular roster or ordinary hours of work of Employees on employees. Major change
(2) For a particular site, major change referred to in paragraph (1)(a):
(a) ElectraNet must notify the Company willrelevant employees and unions party to this Agreement of the decision to introduce the major change; and
(b) subclauses (3) to (10) apply.
(3) The relevant employees may appoint a representative for the purposes of the procedures in this term.
(4) If:
(a) Provide information to a relevant employee appoints, or relevant employees appoint, a representative for the Employees about the change;purposes of consultation; and
(b) Invite Employees the employee or employees advise ElectraNet of the identity of the representative; ElectraNet must recognise the representative.
(5) ElectraNet acknowledges that such consultation will enable employees not only to be informed, but will also provide a genuine opportunity to influence and have input into any proposed change.
(6) As soon as practicable after making its decision, ElectraNet 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 ElectraNet 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.
(7) However, ElectraNet is not required to disclose confidential or commercially sensitive information to the relevant employees or unions.
(8) ElectraNet must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
(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 ElectraNet, the requirements set out in paragraph (2)(a) and subclauses (3) and (6) are taken not to apply.
(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 ElectraNet’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
(11) For a change referred to in paragraph (1)(b):
(a) ElectraNet must notify the relevant employees and unions party to this Agreement of the decision to introduce the major change; and
(b) subclauses (12) to (17) apply.
(12) The relevant employees may appoint a representative for the purposes of the procedures in this term.
(13) If:
(a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b) the employee or employees advise ElectraNet of the identity of the representative; ElectraNet must recognise the representative.
(14) As soon as practicable after proposing to introduce the change, ElectraNet 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 ElectraNet reasonably believes will be the effects of the change on the employees; and
(iii) information about any other matters that the employer 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); and
(c15) Consider ElectraNet acknowledges that such consultation will enable employees not only to be informed, but will also provide a genuine opportunity to influence and have input into any views given by the Employees about the impact of the proposed change.
(716) The Company will discuss with the affected Employees the introduction of the change, all relevant information about the change, including the nature of the change, information about what the Company reasonably believes will be the effects of the change on the Employees and information about any other matters the Company reasonably believes are likely to affect the Employees.
(8) However, the Company ElectraNet is not required to disclose confidential or commercially sensitive information to the relevant Employeesemployees.
(917) The discussions will commence as soon as practicable after proposing to introduce the change and Employees will be invited to give their views about the impact of the change.
(10) The Company will ElectraNet must give prompt and genuine consideration to matters raised about the change by the affected Employeesrelevant employees.
(1118) At any stage during the processes in In this clause, an Employee may appoint a representative of their choice in writing. The Company’s obligation to consult or provide information to the representative only occurs after written notice is provided to the Company.term:
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (16.3.1. Employer to notify
a) This clause applies if Where the Company has made a definite decision to introduce a major workplace change is to production, program, organisation, structure, or technology that are likely to have a 'significant effect effects' on employees, the Company shall as soon as practicable notify the employees who may be affected by the proposed changes, and their representatives if any.
b) Significant effects' include termination of employment; major changes in the composition, operation or there is a change to size of the regular roster employer's workforce or ordinary in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work on Employees (or locations; and the relevant Employees)restructuring of jobs. Provided that where this agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
(26.3.2. Employer to discuss change
a) The Company employer must notify discuss with the employees affected and provide information their representatives, if any, the introduction of the changes referred to in clause 6.3.1 the relevant Employees of:
(a) a major workplace change that is effects the changes are likely to have a significant effect on employees and measures to avert or mitigate the Employees; oradverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(b) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 6.3.1.
c) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer's interests.
6.3.3. Changes to Regular Roster or Ordinary Hours of Work
a) Where the Company proposes to change to their an employee's regular roster or ordinary hours of work, the Company must consult with the employee or employees affected and their representatives, if any, about the proposed change.
(3b) The Company must consult and invite the relevant Employees to give their views aboutmust:
(a) the timing and introduction of the change;
(b) the impact the change is likely to have on the Employees (including any impact in relation to their family or caring responsibilities); and
(c) measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees.
(4) The Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(5) The Company must consider matters raised about the major change or changes to their regular roster or ordinary hours of work by the relevant Employees.
(6) Where the Company proposes to introduce a change to the regular roster or ordinary hours of work of Employees on a particular site, the Company will:
(a) Provide information to the Employees about the change;
(b) Invite Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(c) Consider any views given by the Employees about the impact of the change.
(7) The Company will discuss with the affected Employees the introduction of the change, all relevant information about the change, including the nature of the change, information about what the Company reasonably believes will be the effects of the change on the Employees and information about any other matters the Company reasonably believes are likely to affect the Employees.
(8) However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(9) The discussions will commence as soon as practicable after proposing to introduce the change and Employees will be invited to give their views about the impact of the change.
(10) The Company will give prompt and genuine consideration to matters raised about the change by the affected Employees.
(11) At any stage during the processes in this clause, an Employee may appoint a representative of their choice in writing. The Company’s obligation to consult or provide information to the representative only occurs after written notice is provided to the Company.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (a) If the Company:
1) This clause applies if . has made a definite decision to introduce a major workplace change is likely to have a significant effect or there is a change to the regular roster or ordinary hours of work on Employees (the relevant Employees).
(2) The Company must notify and provide information to the relevant Employees of:
(a) a major workplace change that is likely to have a significant effect on the Employees; or
2. proposes to change an Employee’s regular roster or ordinary hours of work (except where an Employee has irregular, sporadic or unpredictable working hours);
b) The Company will notify the relevant Employees of, and discuss with them, the major change.
c) The Company will give prompt and genuine consideration to issues raised by Employees and try to minimise any adverse effect of the change on relevant Employees.
d) If a term in this Agreement provides for a major change to their production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in a) above and e) below are taken not to apply.
e) For a proposed change to the Employees’ regular roster or ordinary hours of work.
(3) The Company must consult and invite the relevant Employees to give their views about:
(a) the timing and introduction of the change;
(b) the impact the change is likely to have on the Employees (including any impact in relation to their family or caring responsibilities); and
(c) measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees.
(4) The Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(5) The Company must consider matters raised about the major change or changes to their regular roster or ordinary hours of work by the relevant Employees.
(6) Where the Company proposes to introduce a change to the regular roster or ordinary hours of work of Employees on a particular site, the Company will:
(a) Provide will provide information to the Employees about the change;
(b) Invite , 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
(c) Consider and consider any views given by the Employees about the impact of the change.
(7f) The Company will discuss with the affected Relevant Employees the introduction of the change, all relevant information about the change, including the nature of the change, information about what the Company reasonably believes will be the effects of the change on the Employees and information about any other matters the Company reasonably believes are likely to affect the Employees.
(8) However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(9) The discussions will commence as soon as practicable after proposing to introduce the change and Employees will be invited to give their views about the impact of the change.
(10) The Company will give prompt and genuine consideration to matters raised about the change by the affected Employees.
(11) At any stage during the processes in this clause, an Employee may appoint a representative for the purposes of their choice this clause.
g) For the purpose of this clause, significant effect means significant effects on employees including any of the following: • termination of employment; or • major changes in writing. The Companythe composition, operation or size of the employer’s obligation workforce or in the skills required; or • loss of, or reduction in, job or promotion opportunities; or • loss of, or reduction in, job tenure; or • alteration of hours of work; or • the need for Employees to consult be retrained or provide information transferred to the representative only occurs after written notice is provided to the Companyother work or locations; or • job restructuring.
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Samples: Enterprise Agreement