Common use of CONSULTATION REGARDING MAJOR WORKPLACE CHANGE Clause in Contracts

CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (i) Employer to notify (a) Where an employer has made a definite decision to introduce major 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 this agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect. (ii) Employer 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 paragraph a of subclause (i) of 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 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 paragraph a of subclause (i) of this clause. (c) For the purposes of such discussion, the employer must provide in writing to the employees and the union or other elected representative nominated by the employee, 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.

Appears in 2 contracts

Samples: Health Employees Agreement, Health Employees Agreement

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CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (i) Employer to notify‌ 40.1 Introduction of Change and Consultation (a) Employer's Duty to Notify - (i) Where an employer has made a definite decision to introduce major changes in production, programprogramme, 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 or their workplace representatives, if any.which may include the Union (bii) Significant effects effects" include termination of employment; , major changes in the composition, operation or size of the employer’s '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; 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. (iib) Employer Employer's Duty to discuss changeDiscuss Change - (ai) The employer must discuss with the employees affected and their workplace representatives, if anyinter alia, the introduction of the changes referred to in paragraph a of subclause (i40.1(a)(i) of 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 employees, and must give prompt consideration to matters raised by the employees and/or their representatives workplace representatives, which may include the Union, in relation to the changes. (bii) The discussions must discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph a of the said subclause (i) of this clause40.1(a)(i). (ciii) For the purposes purpose of such discussion, the employer must provide in writing to the employees concerned and their representatives, including the union or other elected representative nominated by the employeeUnion, 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 employees, provided that no any employer is shall not be required to disclose confidential information the disclosure of which would be contrary adversely affect the Employer. 40.2 Change to regular roster or ordinary hours of work (a) the employer must notify the relevant employees of the proposed change; and 40.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 40.4 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; the employer must recognise the representative. 40.5 As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion—provide to the employer’s interestsrelevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer 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; and (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). 40.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 40.7 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (i) 31.1 Employer to notify (a) Where an employer has made a definite decision to introduce major 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 this agreement Agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect. (ii) 31.2 Employer 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 paragraph a of subclause (i) of this clauseclause 31.1, 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 definite decision has been made by the employer to make the changes referred to in paragraph a of subclause (i) of this clauseclause 31.1. (c) For the purposes of such discussion, the employer must provide in writing to the employees concerned and the union or other elected representative nominated by the employeetheir 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.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (i) Employer to notify (a) Where an employer has made a definite decision to introduce major 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 this agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect. (ii) Employer 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 paragraph a of subclause (i) of this clauseclause 21(i), 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 definite decision has been made by the employer to make the changes referred to in paragraph a of subclause (i) of this clauseclause 21(i). (c) For the purposes of such discussion, the employer must provide in writing to the employees and the union Union, or other elected representative as nominated by the employeeemployees, 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.

Appears in 2 contracts

Samples: Professional Services, Enterprise Agreement

CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (i) Employer to notify (a) Where an employer has made a definite decision to introduce major 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 this agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect. (ii) Employer 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 paragraph a of subclause (i) of 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 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 paragraph a of subclause (i) of this clause. (c) For the purposes of such discussion, the employer must provide in writing to the employees and the union Union, or other elected representative as nominated by the employee, 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.

Appears in 1 contract

Samples: NSW (Non Declared) Affiliated Health Organisations’ Hospital Scientists Agreement 2020

CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (i) Employer ‌ 41.1 Company to notify (a) Where an employer the Company has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer Company must notify the employees who may be affected by the proposed changes and their representatives, if anychanges. The affected employees may appoint a representative for the purposes of the procedures in this term. (b) Significant effects include termination of employment; major changes in the composition, operation or size of the employerCompany’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 this agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect. (ii) Employer 41.2 Company to discuss change (a) The employer Company must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in paragraph a of subclause (i) of this clauseclause 41.1(a), 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 definite decision has been made by the employer Company to make the changes referred to in paragraph a of subclause (i) of this clauseclause 41.1(a). (c) For the purposes of such discussion, the employer Company must provide in writing to the employees concerned and the union or other elected representative nominated by the employeetheir 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 the Company is required to disclose confidential information the disclosure of which would be contrary to the employerCompany’s interests.

Appears in 1 contract

Samples: Enterprise Agreement

CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (i) Employer 2.2.1 Employers to notify (a) Where an employer has made a definite decision to introduce major 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 '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 this agreement the relevant Award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect. (ii) Employer 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 paragraph a of subclause (i) of this clauseclause 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 definite decision has been made by the employer to make the changes referred to in paragraph a of subclause (i) of this clauseclause 2.2.1. (c) For the purposes of such discussion, the employer must provide in writing to the employees concerned and the union or other elected representative nominated by the employeetheir 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 's interests. 2.2.3 Consultation about changes to rosters or 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 and when that change is proposed to commence); ii. invite the employee or employees affected and their representatives, 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 iii. give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives. (c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours. (d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

Appears in 1 contract

Samples: Collective Agreement

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CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (ia) Employer to notify (ai) Where an employer has made a definite decision to introduce major 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. (bii) 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 this agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect. (iib) Employer to discuss change (ai) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in paragraph a of subclause (i) of this clauseclause 9.1, 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. (bii) 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 paragraph a of subclause (i) of this clauseclause 9.1. (ciii) For the purposes of such discussion, the employer must provide in writing to the employees and the union Union, or other elected representative as nominated by the employeeemployees, 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.

Appears in 1 contract

Samples: Professional and Associated Staff Agreement

CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (ia) Employer Company to notify (a1) Where an employer the Company has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer Company must notify the employees who may be affected by the proposed changes and their representatives, if anychanges. The affected employees may appoint a representative for the purposes of the procedures in this term. (b2) Significant effects include termination of employment; major changes in the composition, operation or size of the employerCompany’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 this agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect. (iib) Employer Company to discuss change (a1) The employer Company must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in paragraph a of subclause (i) of this clauseclause 40(a), 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. (b2) The discussions must commence as early as practicable after a definite decision has been made by the employer Company to make the changes referred to in paragraph a of subclause (i) of this clauseclause 40(a). (c3) For the purposes of such discussion, the employer Company must provide in writing to the employees concerned and the union or other elected representative nominated by the employeetheir 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 the Company is required to disclose confidential information the disclosure of which would be contrary to the employerCompany’s interests.

Appears in 1 contract

Samples: Enterprise Agreement

CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (ia) Employer to notify (ai) Where an the employer has made a definite decision to introduce major 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. (bii) 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 this agreement Agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect. (iib) Employer to discuss change (ai) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in paragraph a of subclause (i) of this clauseclause 9.1(a), 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. (bii) 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 paragraph a of subclause (i) of this clauseclause 9.1(a). (ciii) For the purposes of such discussion, the employer must provide in writing to the employees concerned and the union or other elected representative nominated by the employeetheir 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.

Appears in 1 contract

Samples: Enterprise Agreement

CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. (i) 31.1 Employer to notify (a) Where an employer has made a definite decision to introduce major 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, which may be the union. (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 this agreement Agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect. (ii) 31.2 Employer 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 paragraph a of subclause (i) of this clauseclause 31.1, 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 definite decision has been made by the employer to make the changes referred to in paragraph a of subclause (i) of this clauseclause 31.1. (c) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, which may be the union or other elected representative nominated by the employeeunion, 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.

Appears in 1 contract

Samples: Enterprise Agreement

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