CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 44.1 This clause applies if: a) The employer 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. 44.2 The employer must notify the relevant employees, and their representatives, if any, of the decision to introduce the major change. 44.3 The relevant employees and the employer may appoint a representative for the purposes of the procedures in this clause 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 organisation of the identity of the representative; c) The employer must recognise the representative. 44.4 As soon as practicable after making its decision, the employer must discuss with the relevant employees: a) The introduction of the change; and b) The effect the change is likely to have on the employees; and c) Measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; 44.5 For the purposes of the discussion, the employer must provide, in writing, to the relevant employees: a) All relevant information about the change including the nature of the change proposed; and b) Information about the expected effects of the change on the employees; and c) Any other matters likely to affect the employees. 44.6 Further to the obligations of clause 44.4 above, however, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 44.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 44.8 In this clause, 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 employer’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. 44.9 In this clause “relevant employees” mean the employees who may be affected by the major change.
Appears in 2 contracts
Samples: Aged Care Residential & Community Services Agreement, Aged Care Residential & Community Services Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 44.1 10.1 This clause term applies ifif the Company:
(a) The employer 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.
44.2 The employer 10.2 For a major change referred to in paragraph (10.1)(a):
(a) the Company must notify the relevant employees, and their representatives, if any, employees of the decision to introduce the major change; and
(b) subclauses (10.3) to (10.9) apply.
44.3 10.3 The relevant employees and the employer may appoint a representative for the purposes of the procedures in this clause ifterm.
10.4 If:
(a) A a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b) The the employee or employees advise the organisation Company of the identity of the representative;
c) The employer ; the Company must recognise the representative.
44.4 10.5 As soon as practicable after making its decision, the employer must Company must:
(a) discuss with the relevant employees:
a(i) The the introduction of the change; and
b(ii) The the effect the change is likely to have on the employees; and
c(iii) Measures measures the employer Company is taking to avert or mitigate the adverse effect of the change on the employees;; and
44.5 For (b) for the purposes of the discussion, the employer must --provide, in writing, to the relevant employees:
a(i) All all relevant information about the change including the nature of the change proposed; and
b(ii) Information information about the expected effects of the change on the employees; and
c(iii) Any any other matters likely to affect the employees.
44.6 Further to the obligations of clause 44.4 above, however10.6 However, the employer Company is not required to disclose confidential or commercially sensitive information to the relevant employees.
44.7 10.7 The employer Company must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
44.8 10.8 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 paragraph (10.2)(a) and subclauses (10.3) and (10.5) are taken not to apply.
10.9 In this clauseterm, a major change is likely to have a significant effect on employees if it results in:
(a) The the termination of the employment of employees; or
(b) Major major change to the composition, operation or size of the employer’s Company's workforce or to the skills required of employees; or
(c) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(d) The the alteration of hours of work; or
(e) The the need to retrain employees; or
(f) The the need to relocate employees to another workplace; or
(g) The the restructuring of jobs.
44.9 10.10 For a change referred to in paragraph (10.1)(b):
(a) the Company must notify the relevant employees of the proposed change; and
(b) subclauses(10.11) to (10.15) apply.
10.11 The relevant employees may appoint a representative for the purposes of the procedures in this term.
10.12 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.
10.13 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; 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).
10.14 However, the Company is not required to disclose confidential or commercially sensitive information to the relevant employees.
10.15 The Company must give prompt and genuine consideration to matters raised about the change by the relevant employees.
10.16 In this clause “relevant employees” mean the employees who may be affected by the major change.term:
Appears in 1 contract
Samples: Plant Operators Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 44.1 This clause applies ifto relevant employees, if the employer:
(a) The employer has 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 enterprise that is likely to have a significant effect on the employees including:
i. the termination of the enterpriseemployment of employees; or
ii. a major change to the composition, operation or size of the employer’s workforce or to the
iii. the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
iv. the need to retrain employees; or
v. the need to relocate employees to another workplace; or
vi. the restructuring of jobs.
44.2 The employer must notify the relevant employees, and their representatives, if any, of the decision (b) Proposes to introduce a change to the major change.
44.3 The regular roster or ordinary hours of work of employees. In this clause relevant employees and means the employees who may be directly affected by a change referred to in clause 2.3.1. For a major change referred to in clause 2.3.1:
(a) the employer may appoint a representative for the purposes of the procedures in this clause if:
a) A relevant employee appointsmust, or relevant employees appoint, a representative for the purposes of consultation; and
b) The employee or employees advise the organisation of the identity of the representative;
c) The employer must recognise the representative.
44.4 As as soon as practicable after making its decision, the employer must discuss with notify the relevant employees:employees of the decision and advise for the purposes of consultation;
a(i) The introduction the circumstances of the change, excluding confidential or commercially sensitive information; and
b(ii) The the effect the change is likely to have on the employees; and
c(iii) Measures any other matters likely to affect the employees; and
(iv) measures the employer is taking to avert or mitigate the any adverse effect of the change on the employees;
44.5 For the purposes of the discussion, the employer must provide, in writing, to the relevant employees:
a) All relevant information about the change including the nature of the change proposed; and
b) Information about the expected effects of the change on the employees; and
c(b) Any other matters likely to affect the employees.
44.6 Further to relevant employees may appoint a representative of their choice for the obligations purposes of clause 44.4 abovethe procedures in this clause, howeverand if they do, the employer is not required to disclose confidential or commercially sensitive information to must recognise the relevant employees.’ representative; and
44.7 The (c) the employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.employees or their representative. For a change referred to in clause 2.2.1(b):
44.8 In this clause(a) the employer must, a major as soon as practicable after making its decision, notify the relevant employees of the decision to introduce the change and advise for the purposes of consultation;
(v) the circumstances of the change, excluding confidential or commercially sensitive information; and
(vi) the effect the change is likely to have a significant on the employees; and
(vii) any other matters likely to affect the employees; and
(viii) measures the employer is taking to avert or mitigate any adverse effect on employees if it results in:
a) The termination of the employment of change on the employees; orand
b(ix) Major change Invite the relevant employees to give their views about the composition, operation or size impact of the employer’s workforce or to the skills required of employees; or
c) The elimination or diminution of job opportunities change (including opportunities for promotion any impact in relation to their family or tenurecaring responsibilities); orand
d(x) The alteration give genuine consideration 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.
44.9 In this clause “relevant employees” mean the employees who may be affected any views given by the major relevant employees about the impact of the change.; and
Appears in 1 contract
Samples: Employee Enterprise Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 44.1 13.1 This clause term applies ifif the Company:
(a) The employer 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.
44.2 The employer 13.2 For a major change referred to in 13.1:
(a) the Company must notify the relevant employees, and their representatives, if any, employees of the decision to introduce the major change; and
(b) subclauses 13.3 to 13.9 apply.
44.3 13.3 The relevant employees and the employer may appoint a representative for the purposes of the procedures in this clause ifterm.
13.4 If:
(a) A a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b) The the employee or employees advise the organisation Company of the identity of the representative;
c) The employer ; the Company must recognise the representative.
44.4 13.5 As soon as practicable after making its decision, the employer must Company must:
(a) discuss with the relevant employees:
a(i) The the introduction of the change; and
b(ii) The the effect the change is likely to have on the employees; and
c(iii) Measures measures the employer Company is taking to avert or mitigate the adverse effect of the change on the employees;; and
44.5 For (b) for the purposes of the discussion, the employer must --provide, in writing, to the relevant employees:
a(i) All all relevant information about the change including the nature of the change proposed; and
b(ii) Information information about the expected effects of the change on the employees; and
c(iii) Any other matters likely to affect the employees.
44.6 Further to the obligations of clause 44.4 above, however13.6 However, the employer Company is not required to disclose confidential or commercially sensitive information to the relevant employees.
44.7 13.7 The employer Company must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
44.8 13.8 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 paragraph 13.2(a) and subclauses 13.3 and 13.5 are taken not to apply.
13.9 In this clauseterm, a major change is likely to have a significant effect on employees if it results in:
(a) The the termination of the employment of employees; or
(b) Major major change to the composition, operation or size of the employer’s Company's workforce or to the skills required of employees; or
(c) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(d) The the alteration of hours of work; or
(e) The the need to retrain employees; or
(f) The the need to relocate employees to another workplace; or
(g) The the restructuring of jobs.
44.9 In 13.10 For a change referred to in paragraph 13.1(b):
(a) the Company must notify the relevant employees of the proposed change; and
(b) sub-clauses 13.11 to 13.15 apply.
13.11 The relevant employees may appoint a representative for the purposes of the procedures in this clause “term.
13.12 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. Company must recognise the representative.
13.13 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” mean :
(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 believe are likely to affect the employees; and
(c) invite the relevant employees who may be affected by to give their views about the major changeimpact of the change (including any impact in relation to their family or caring responsibilities).
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 44.1 2.2.1 This clause term applies ifif the employer:
(a) The employer 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.
44.2 The 2.2.2 For a major change referred to in paragraph (2.2.1)(a):
(a) the employer must notify the relevant employees, and their representatives, if any, employees of the decision to introduce the major change; and
(b) subclauses (2.2.3) to (2.2.9) apply.
44.3 2.2.3 The relevant employees and the employer may appoint a representative for the purposes of the procedures in this clause ifterm.
2.2.4 If:
(a) A a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b) The the employee or employees advise the organisation employer of the identity of the representative;
c) The ; the employer must recognise the representative.
44.4 2.2.5 As soon as practicable after making its decision, the employer must must:
(a) discuss with the relevant employees:
a(i) The the introduction of the change; and
b(ii) The the effect the change is likely to have on the employees; and
c(iii) Measures measures the employer is taking to avert or mitigate the adverse effect of the change on the employees;; and
44.5 For (b) for the purposes of the discussion, the employer must —provide, in writing, to the relevant employees:
a(i) All all relevant information about the change including the nature of the change proposed; and
b(ii) Information information about the expected effects of the change on the employees; and
c(iii) Any any other matters likely to affect the employees.
44.6 Further to the obligations of clause 44.4 above, however2.2.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
44.7 2.2.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
44.8 2.2.8 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 employer, the requirements set out in paragraph (19.1)(a) and subclauses (2.2.3) and (2.2.5) are taken not to apply.
2.2.9 In this clauseterm, a major change is likely to have a significant effect on employees if it results in:
(a) The the termination of the employment of employees; or
(b) Major major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; or
(c) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(d) The the alteration of hours of work; or
(e) The the need to retrain employees; or
(f) The the need to relocate employees to another workplace; or
(g) The the restructuring of jobs.
44.9 2.2.10 For a change referred to in paragraph (2.2.1)(b):
(a) the employer must notify the relevant employees of the proposed change; and
(b) subclauses (2.2.11) to (2.2.15) apply.
2.2.11 The relevant employees may appoint a representative for the purposes of the procedures in this term.
2.2.12 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 employer of the identity of the representative; the employer must recognise the representative.
2.2.13 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 relevant 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).
2.2.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
2.2.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees.
2.2.16 In this clause “term: relevant employees” mean employees means the employees who may be affected by the major changea change referred to in subclause (2.2.1).
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 44.1 7.1 This clause applies if:
a(1) The employer the Company has made a definite decision to introduce a major change to production, program, organisationorganization, structure, or technology in relation to its enterprisebusiness; and
b(2) The the change is likely to have a significant effect on employees of the enterpriseCompany.
44.2 7.2 The employer Company must notify the relevant employees, and their representatives, if any, employees of the decision to introduce the major change.
44.3 7.3 The relevant employees and the employer may appoint a representative for the purposes of the procedures in this clause if:
a) A relevant employee appoints, or relevant employees appoint, a representative for and the purposes of consultation; and
b) The employee or employees advise the organisation of the identity of the representative;
c) The employer Company must recognise the representative.
44.4 7.4 As soon as practicable after making its decision, the employer Company must discuss consult with the relevant employees (and any appointed representative of the employees:
a) The about the introduction of the change; and
b) The , the effect the change is likely to have on the employees; and
c) Measures employees and measures the employer Company is taking to avert or mitigate the adverse effect of the change on the employees;
44.5 For the purposes of the discussion, the employer must provide, in writing, to the relevant employees:
a) All relevant information about the change including the nature of the change proposed; and
b) Information about the expected effects of the change on the employees; and
c) Any other matters likely to affect the employees.
44.6 Further to the obligations of clause 44.4 above, however, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
44.7 . The employer Company must give prompt and genuine consideration to matters raised about the major change by the relevant employeesemployees and/or their representatives (if any).
44.8 7.5 While the consultation process is occurring, work must continue in accordance with the Agreement and the FW Act.
7.6 In this clause, a major change is likely to have a significant effect on employees if it results in:
a(1) The the termination of the employment of employees; or
b(2) Major major change to the composition, operation operation, or size of the employerCompany’s workforce or to the skills required of employees; or
c(3) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
d(4) The the alteration of hours of work; or
e(5) The the need to retrain employees; or
f(6) The the need to relocate employees to another workplace; or
g(7) The the restructuring of jobs.
44.9 7.7 In this clause “clause, relevant employees” mean employees means the employees who may be affected by the major change.
7.8 Nothing in this clause requires the Company to disclose confidential or commercially sensitive information.
Appears in 1 contract
Samples: WMP Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 44.1 10.1 This clause term applies ifif the employer:
(a) The employer 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.
44.2 The 10.2 For a major change referred to in paragraph (10.1)(a):
(a) the employer must notify the relevant employees, employees and their representatives, if any, the HWU of the decision to introduce the major change; and
(b) subclauses (10.3) to (10.9) apply.
44.3 10.3 The relevant employees and the employer may appoint a representative for the purposes of the procedures in this clause ifterm.
10.4 If:
(a) A a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b) The the employee or employees advise the organisation employer of the identity of the representative;
c) The ; the employer must recognise the representative.
44.4 10.5 As soon as practicable after making its decision, the employer must must:
(a) discuss with the relevant employees:
a(i) The the introduction of the change; and
b(ii) The the effect the change is likely to have on the employees; and
c(iii) Measures measures the employer is taking to avert or mitigate the adverse effect of the change on the employees;; and
44.5 For (b) for the purposes of the discussion, the employer must —provide, in writing, to the relevant employeesemployees and the HWU:
a(i) All all relevant information about the change including the nature of the change proposed; and
b(ii) Information information about the expected effects of the change on the employees; and
c(iii) Any any other matters likely to affect the employees.
44.6 Further to the obligations of clause 44.4 above, however10.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
44.7 10.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employeesemployees and/or the HWU.
44.8 10.8 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 employer, the requirements set out in paragraph (10.2)(a) and subclauses (10.3) and (10.5) are taken not to apply.
10.9 In this clauseterm, a major change is likely to have a significant effect on employees Employees if it results in:
(a) The the termination of the employment of employees; or
(b) Major major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; or
(c) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(d) The the alteration of hours of work; or
(e) The the need to retrain employees; or
(f) The the need to relocate employees to another workplace; or
(g) The the restructuring of jobs.
44.9 In this clause “relevant employees” mean the employees who may be affected by the major change.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 44.1 47.1. This clause applies if:
a) The employer 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.
44.2 47.2. The employer must notify the relevant employees, and their representatives, if any, including the XXX or NSWNMA in their area of coverage, of the decision to introduce the major change. Provided the employer shall provide the union/s with reasonable written notice prior to any meetings with the employees to discuss proposed changes.
44.3 47.3. The relevant employees and the employer may appoint a representative for the purposes of the procedures in this clause 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 organisation of the identity of the representative;
c) The employer must recognise the representative.
44.4 47.4. As soon as practicable after making its decision, and prior to the implementation of any proposed change, the employer must discuss with the relevant employeesemployees and their representatives as per sub clause 47.2:
a) The introduction and purpose of the proposed of the change; and
b) The effect the change is likely to have on the employees; and
c) Measures the employer is taking to avert or mitigate the adverse effect of the change on the employees;
44.5 47.5. For the purposes of the discussion, the employer must provide, in writing, to the relevant employeesemployees and their representatives:
a) All relevant information about the change including the nature of the change proposed; and
b) Information about the expected effects of the change on the employees; and
c) Any other matters likely to affect the employees.
44.6 47.6. Further to the obligations of clause 44.4 47.4 above, however, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
44.7 47.7. The employer must give employees and their representatives, if any, the opportunity to express their views and raise issues in relation to the matter, prompt and genuine consideration consideration, including a written response, to matters raised about the major change by the relevant employees.
44.8 47.8. In this clause, 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 employer’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; or
h) The outsourcing of functions or roles within a service.
44.9 In a) Where the employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must:
(i) provide information about the change to the employee or employees affected; and
(ii) invite the employee or employees affected to give their views about the impact of the change, including any impact in relation to their family or caring responsibilities; and
(iii) consider any views given by employees about the impact of the change.
b) An employer or employee may appoint a representative for the purposes of this clause.
(i) The identity of the representative must be advised to the other party.
c) The obligations under sub-clause (a) shall be read in conjunction with the other agreement provisions concerning the scheduling of work and notice requirement, including but not limited to Clause 25 - Hours and Clause 26 - Rosters.
d) This clause is to be read in conjunction with other provisions in this Agreement concerning the scheduling of work and notice requirements.
e) The requirement to consult under this clause “relevant employees” mean the employees who may be affected by the major changedoes not apply where an employee has irregular, sporadic or unpredictable working hours.
Appears in 1 contract
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 44.1 29.1 This clause term applies ifif the Fund:
(a) The employer 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 the Fund’s 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.
44.2 The employer 29.2 For a major change referred to in clause 29.1(a):
(a) the Fund must notify the relevant employees, and their representatives, if any, employees of the decision to introduce the major change; and
(b) subclauses 29.3 to 29.9 apply.
44.3 29.3 The relevant employees and the employer may appoint a representative for the purposes of the procedures in this clause ifterm.
29.4 If:
(a) A a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b) The the employee or employees advise the organisation Fund of the identity of the representative;
c) The employer ; the Fund must recognise the representative.
44.4 29.5 As soon as practicable after making its decision, the employer must Fund must:
(a) discuss with the relevant employees:
a(i) The the introduction of the change; and
b(ii) The the effect the change is likely to have on the employees; and
c(iii) Measures measures the employer Fund is taking to avert or mitigate the adverse effect of the change on the employees;; and
44.5 For (b) for the purposes of the discussion, the employer must discussion — provide, in writing, to the relevant employees:
a(i) All all relevant information about the change including the nature of the change proposed; and
b(ii) Information information about the expected effects of the change on the employees; and
c(iii) Any any other matters likely to affect the employees.
44.6 Further to the obligations of clause 44.4 above, however29.6 However, the employer Fund is not required to disclose confidential or commercially sensitive information to the relevant employees.
44.7 29.7 The employer Fund must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
44.8 29.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the Fund’s enterprise,
29.9 In this clauseterm, a major change is likely to have a significant effect on employees if it results in:
(a) The the termination of the employment of employees; or
(b) Major major change to the composition, operation or size of the employerFund’s workforce or to the skills required of employees; or
(c) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(d) The the alteration of hours of work; or
(e) The the need to retrain employees; or
(f) The the need to relocate employees to another workplace; or
(g) The the restructuring of jobs.
44.9 29.10 For a change referred to in clause 29.1(b):
(a) the Fund must notify the relevant employees of the proposed change; and
(b) subclauses 29.11 to 29.15 apply.
29.11 The relevant employees may appoint a representative for the purposes of the procedures in this term.
29.12 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 Fund of the identity of the representative; the Fund must recognise the representative.
29.13 As soon as practicable after proposing to introduce the change, the Fund 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 Fund reasonably believes will be the effects of the change on the employees; and
(iii) information about any other matters that the Fund 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).
29.14 However, the Fund is not required to disclose confidential or commercially sensitive information to the relevant employees.
29.15 The Fund must give prompt and genuine consideration to matters raised about the change by the relevant employees.
29.16 In this clause “relevant employees” mean the employees who may be affected by the major change.clause:
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 44.1 9.1 This clause term applies ifif the employer:
(a) The employer 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.
44.2 The 9.2 For a major change referred to in paragraph 9.1(a):
(a) the employer must notify the relevant employees, and their representatives, if any, employees of the decision to introduce the major changechange as soon as practicable; and
(b) subclauses 9.3 to 9.9 apply.
44.3 9.3 The relevant employees and the employer may appoint a representative for the purposes of the procedures in this clause ifterm.
9.4 If:
(a) A a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b) The the employee or employees advise the organisation employer of the identity of the representative;
c) The ; the employer must recognise the representative.
44.4 9.5 As soon as practicable after making its decision, the employer must must:
(a) discuss with the relevant employees:
a(i) The the introduction of the change; and
b(ii) The the effect the change is likely to have on the employees; and
c(iii) Measures measures the employer is taking to avert or mitigate the adverse effect of the change on the employees;; and
44.5 For (b) for the purposes of the discussion, the employer must --provide, in writing, to the relevant employees:
a(i) All all relevant information about the change including the nature of the change proposed; and
b(ii) Information information about the expected effects of the change on the employees; and
c(iii) Any any other matters likely to affect the employees.
44.6 Further to the obligations of clause 44.4 above, however9.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
44.7 9.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
44.8 9.8 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 employer, the requirements set out in paragraph 9.2(a) and subclauses 9.3 and 9.5 are taken not to apply.
9.9 In this clauseterm, a major change is likely to have a significant effect on employees if it results in:
(a) The the termination of the employment of employees; or
(b) Major major change to the composition, operation or size of the employer’s 's workforce or to the skills required of employees; or
(c) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(d) The the alteration of hours of work; or
(e) The the need to retrain employees; or
(f) The the need to relocate employees to another workplace; or
(g) The the restructuring of jobs.
44.9 In 9.10 For a change referred to in paragraph 9.1(b):
(a) the employer must notify the relevant employees of the proposed change; and
(b) subclauses 9.11 to 9.15 apply.
9.11 The relevant employees may appoint a representative for the purposes of the procedures in this clause “term.
9.12 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 employer of the identity of the representative; the employer must recognise the representative.
9.13 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 relevant employees” mean :
(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 who may be affected by to give their views about the major changeimpact of the change (including any impact in relation to their family or caring responsibilities).
Appears in 1 contract
Samples: Collective Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 44.1 32.1 This clause applies ifif the employer:
a) The employer 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 , and the change is likely to have a significant effect on employees of the enterprise; or
b) proposes to introduce a change to the regular roster or ordinary hours of work of employees.
44.2 32.2 For a major change referred to in 32.1 (a):
a) The employer must notify the relevant employees, and their representatives, if any, employees of the decision to introduce the major change; and
b) Sub-clauses 32.3 to 32.9 apply.
44.3 32.3 The relevant employees and the employer may appoint a representative for the purposes of the procedures in this clause ifsection.
32.4 If:
a) A a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
b) The the employee or employees advise the organisation employer of the identity of the representative;
c) The , the employer must recognise the representative.
44.4 32.5 As soon as practicable after making its decision, the employer must must:
a) discuss with the relevant employees:
ai) The the introduction of the change; and
bii) The the effect the change is likely to have on the employees; and
ciii) Measures measures the employer is taking to avert or mitigate the adverse effect of the change on the employees;; and
44.5 For b) for the purposes of the discussion, the employer must discussion — provide, in writing, to the relevant employees:
ai) All all relevant information about the change change, including the nature of the change proposed; and
bii) Information information about the expected effects of the change on the employees; and
ciii) Any any other matters likely to affect the employees.
44.6 Further to the obligations of clause 44.4 above, however32.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
44.7 32.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
44.8 32.8 If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in subclauses 32.2, 32.3 and 32.5 are taken not to apply.
32.9 In this clause, a major change is likely to have a significant effect on employees if it results in:
a) The the termination of the employment of employees; or
b) Major major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; or
c) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
d) The the alteration of hours of work; or
e) The the need to retrain employees; or
f) The the need to relocate employees to another workplace; or
g) The the restructuring of jobs.
44.9 32.10 For a change referred to in paragraph 32.1 (b):
a) the employer must notify the relevant employees of the proposed change; and
b) subclauses 32.11 to 32.15 apply.
32.11 The relevant employees may appoint a representative for the purposes of the procedures in this clause.
32.12 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 employer of the identity of the representative; the employer must recognise the representative.
32.13 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 relevant 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).
32.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
32.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees.
32.16 In this clause “(clause 32): relevant employees” mean employees means the employees who may be affected by the major changea change referred to in subclause 30.1.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 44.1 25.1 This clause term applies ifif the Company:
(a) The employer 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 enterprise that is likely to have a significant effect on employees of the enterprise; or
(b) proposes to introduce a change to the regular roster or Ordinary Hours of work of employees.
44.2 The employer 25.2 For a major change referred to in Clause 25.1(a):
(a) the Company must notify the relevant employees, and their representatives, if any, employees of the decision to introduce the major change; and
(b) Clauses 25.3 to 25.8 and 25.14 apply.
44.3 25.3 The relevant employees and the employer may appoint a representative for the purposes of the procedures in this clause ifterm. If:
(a) A a relevant employee appoints, or relevant employees appoint, a representative for the
(b) purposes of consultation; and
(c) the employee or employees advise the Company of the identity of the representative;
(d) the Company must recognise the representative.
25.4 As soon as practicable after making its decision, the Company 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 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.
25.5 However, the Company is not required to disclose confidential or commercially sensitive information to the relevant employees.
25.6 The Company must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
25.7 If a term in the 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 Clauses 25.2(a), 25.3 and 25.4 are taken not to apply.
25.8 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.
25.9 For a change referred to in Clause 25.l(b):
(a) the Company must notify the relevant employees of the proposed change;
(b) Clauses 25.10 to 25.14 apply.
25.10 The relevant employees may appoint a representative for the purposes of the procedures in this clause. If:
(a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b) The the employee or employees advise the organisation Company of the identity of the representative;
c) The employer ; the Company must recognise the representative.
44.4 As soon as practicable after making its decision, the employer must discuss with the relevant employees:
a) The introduction of the change; and
b) The effect the 25.11 For a change is likely to have on the employees; and
c) Measures the employer is taking to avert or mitigate the adverse effect of the change on the employees;
44.5 For the purposes of the discussion, the employer must provide, in writing, to the relevant employees' regular roster or Ordinary Hours of work, the Company must:
(a) All Provide information to the relevant information employees about the change change, including the nature of the change proposed; and
b) Information about change, what the expected Company reasonably believe will be the effects of the change on the employees; and
c) Any , and other matters that the Company reasonably believes are likely to affect the employees; and
(b) 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
(c) Consider any views given by the relevant employees about the impact of the change.
44.6 Further to the obligations of clause 44.4 above, however25.12 However, the employer Company is not required to disclose confidential or commercially sensitive information to the relevant employees.
44.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
44.8 25.13 In this clause, 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 employer’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.
44.9 In this clause “'relevant employees” mean ' means the employees who may be affected by a change referred to in Clause 25.1.
25.14 Any attendance by an official of an employee organisation pursuant to this clause does not excuse such official from compliance with the major changeright of entry provisions of the Act.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 44.1 13.1 This clause term applies ifif the Company:
(a) The employer 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.
44.2 The employer 13.2 For a major change referred to in 13.1:
(a) the Company must notify the relevant employees, and their representatives, if any, employees of the decision to introduce the major change; and
(b) subclauses 13.3 to 13.9 apply.
44.3 13.3 The relevant employees and the employer may appoint a representative for the purposes of the procedures in this clause ifterm.
13.4 If:
(a) A a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b) The the employee or employees advise the organisation Company of the identity of the representative;
c) The employer ; the Company must recognise the representative.
44.4 13.5 As soon as practicable after making its decision, the employer must Company must:
(a) discuss with the relevant employees:
a(i) The the introduction of the change; and
b(ii) The the effect the change is likely to have on the employees; and
c(iii) Measures measures the employer Company is taking to avert or mitigate the adverse effect of the change on the employees;; and
44.5 For (b) for the purposes of the discussion, the employer must --provide, in writing, to the relevant employees:
a(i) All all relevant information about the change including the nature of the change proposed; and
b(ii) Information information about the expected effects of the change on the employees; and
c(iii) Any other matters likely to affect the employees.
44.6 Further to the obligations of clause 44.4 above, however13.6 However, the employer Company is not required to disclose confidential or commercially sensitive information to the relevant employees.
44.7 13.7 The employer Company must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
44.8 13.8 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 paragraph 13.2(a) and subclauses 13.3 and 13.5 are taken not to apply.
13.9 In this clauseterm, a major change is likely to have a significant effect on employees if it results in:
(a) The the termination of the employment of employees; or
(b) Major major change to the composition, operation or size of the employer’s Company's workforce or to the skills required of employees; or
(c) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(d) The the alteration of hours of work; or
(e) The the need to retrain employees; or
(f) The the need to relocate employees to another workplace; or
(g) The the restructuring of jobs.
44.9 In 13.10 For a change referred to in paragraph 13.1(b):
(a) the Company must notify the relevant employees of the proposed change; and
(b) sub-clauses 13.11 to 13.15 apply.
13.11 The relevant employees may appoint a representative for the purposes of the procedures in this clause “term.
13.12 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. Company must:
13.13 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” mean :
(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 believe are likely to affect the employees; and
(c) invite the relevant employees who may be affected by to give their views about the major changeimpact of the change (including any impact in relation to their family or caring responsibilities).
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 44.1 8.1 The following clause is replicated from the FWC Schedule 2.3 Model Consultation Term (regulation 2.09)
(1) This clause term applies ifif the employer:
(a) The employer 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.
44.2 The (2) For a major change referred to in paragraph (1)(a):
(a) the employer must notify the relevant employees, and their representatives, if any, employees of the decision to introduce the major change; and
(b) subclauses (3) to (9) apply.
44.3 (3) The relevant employees and the employer may appoint a representative for the purposes of the procedures in this clause ifterm.
(4) If:
(a) A a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b) The the employee or employees advise the organisation employer of the identity of the representative;
c(5) The employer must recognise the representative.
44.4 As as soon as practicable after making its decision, the employer must must:
(a) discuss with the relevant employees:
a(i) The the introduction of the change; and
b(ii) The the effect the change is likely to have on the employees; and
c(iii) Measures measures the employer is taking to avert or mitigate the adverse effect of the change on the employees;; and
44.5 For (b) for the purposes of the discussion, the employer must —provide, in writing, to the relevant employeesEmployees:
a(i) All all relevant information about the change including the nature of the change proposed; and
b(ii) Information information about the expected effects of the change on the employees; and
c(iii) Any any other matters likely to affect the employees.
44.6 Further to the obligations of clause 44.4 above, however(6) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
44.7 (7) The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
44.8 (8) 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 employer, the requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply.
(9) In this clauseterm, a major change is likely to have a significant effect on employees if it results in:
(a) The the termination of the employment of employees; or
(b) Major major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; or
(c) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(d) The the alteration of hours of work; or
(e) The the need to retrain employees; or
(f) The the need to relocate employees to another workplace; or
(g) The the restructuring of jobs.
44.9 (10) For a change referred to in paragraph (1)(b):
(a) the employer 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 employer of the identity of the representative;
(13) 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 relevant 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).
(14) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
(15) The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees.
(16) In this clause “relevant employees” mean the employees who may be affected by the major change.term:
Appears in 1 contract
Samples: Enterprise Agreement