Common use of CONSULTATION REGARDING MAJOR WORKPLACE CHANGE Clause in Contracts

CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. ‌ 9.1 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 Employer. 9.2 The Employer must notify the relevant Employees of the decision to introduce the major change. 9.3 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.‌ 9.4 As soon as practicable after making its decision, the Employer must discuss with the relevant Employees: (a) The introduction of the change; (b) The effect the change is likely to have on the relevant Employees; and (c) Measures the Employer is taking to avert or mitigate the adverse effect of the change on the relevant Employees. 9.5 The Employer must for the purposes of the discussion provide, in writing, to the relevant Employees: (a) 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. 9.6 The Employer is not required to disclose confidential or commercially sensitive information. 9.7 The Employer must give prompt and genuine consideration to matters raised about the major change by the 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. 9.8 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 inconsistency with this clause 9.‌ 9.9 In this clause 9, a major change is likely to have a significant effect on Employees if it results in: (a) The termination of the employment of Employees; (b) Major change to the composition, operation or size of the Employer’s workforce or to the skills 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. 9.10 The transfer of Employees between Vessels is not considered to be a major change.‌ 9.11 In this clause 9, relevant Employees means the Employees who may be significantly affected by the major change.

Appears in 1 contract

Samples: Maritime and Offshore Oil and Gas Enterprise Agreement

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CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. ‌ 9.1 31.1 This clause applies if: (a) The 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 the change is likely to have a significant effect on Employees Principals of the Employerenterprise. 9.2 31.2 The Employer must notify the relevant Employees Principals and the Union, of the decision to introduce the major change. 9.3 . The relevant Employees may Employer will notify Principals of their right to appoint a representative for the purposes of the procedures in this clause. If consultation, and if a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation and the Employee or Employees advise Principal advises the Employer of the identity of the representative, the Employer must recognise the representative.‌representative. 9.4 31.3 As soon as practicable after making its decision, the Employer must discuss with the relevant Employeesmust: (a) The discuss with the relevant Principals: (i) the introduction of the change; (bii) The the effect the change is likely to have on the relevant Employees; andPrincipals; (ciii) Measures measures the Employer is taking to avert or mitigate the adverse effect effects of the change on the relevant Employees.Principals; and 9.5 The Employer must (b) for the purposes of the discussion provide, in writing, to the relevant EmployeesPrincipals, and where appointed as a representative, the Union: (ai) All all relevant information about the change including the nature of the change proposed; (bii) Information information about the expected effects of the change on the Principals; (iii) where a change involves the termination of a Principal’s employment, all relevant Employeesinformation about the proposed terminations including the reasons for the proposed terminations, the number and categories of Principals likely to be affected, and the number of Principals normally employed, and the period over which the terminations are likely to be carried out; and (civ) Any any other matters likely to affect the relevant EmployeesPrincipals. 9.6 31.4 The Employer is not required to disclose confidential or commercially sensitive informationinformation to the relevant Principals or their representative. 9.7 31.5 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. In addition, for a change to the Employees’ regular roster Principals or ordinary hours of work the Employer will invite the Employees to give their views on the impact of the changerepresentative. 9.8 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 inconsistency with this clause 9.‌ 9.9 31.6 In this clause 9clause, a major change is likely to have a significant effect on Employees Principals if it results in: (a) The the termination of the employment of Employees;Principals; or (b) Major major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees;Principals; 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, including any change to an Employee’s regular roster or ordinary hours of work;; or (e) The the need to relocate Employees to another workplace;retrain Principals; or (f) The the need to retrain Employeesrelocate Principals to another workplace; or (g) The restructuring of jobs. 9.10 The transfer of Employees between Vessels is not considered to be a major change.‌ 9.11 In this clause 9, 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. ‌ 9.1 31.1 This clause applies if: (a) The 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 the change is likely to have a significant effect on Employees Principals of the Employerenterprise. 9.2 31.2 The Employer must notify the relevant Employees Principals and the Union, of the decision to introduce the major change. 9.3 . The relevant Employees may Employer will notify Principals of their right to appoint a representative for the purposes of the procedures in this clause. If consultation, and if a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation and the Employee or Employees advise Principal advises the Employer of the identity of the representative, the Employer must recognise the representative.‌representative. 9.4 31.3 As soon as practicable after making its decision, the Employer must discuss with the relevant Employeesmust: (a) The discuss with the relevant Principals: (i) the introduction of the change; (bii) The the effect the change is likely to have on the relevant Employees; andPrincipals; (ciii) Measures measures the Employer is taking to avert or mitigate the adverse effect effects of the change on the relevant Employees.Principals; and 9.5 The Employer must (b) for the purposes of the discussion provide, in writing, to the relevant EmployeesPrincipals, and where appointed as a representative, the Union: (ai) All all relevant information about the change including the nature of the change proposed; (bii) Information information about the expected effects of the change on the Principals; (iii) where a change involves the termination of an Principal’s employment, all relevant Employeesinformation about the proposed terminations including the reasons for the proposed terminations, the number and categories of Principals likely to be affected, and the number of Principals normally employed, and the period over which the terminations are likely to be carried out; and (civ) Any any other matters likely to affect the relevant EmployeesPrincipals. 9.6 31.4 The Employer is not required to disclose confidential or commercially sensitive informationinformation to the relevant Principals or their representative. 9.7 31.5 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. In addition, for a change to the Employees’ regular roster Principals or ordinary hours of work the Employer will invite the Employees to give their views on the impact of the changerepresentative. 9.8 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 inconsistency with this clause 9.‌ 9.9 31.6 In this clause 9clause, a major change is likely to have a significant effect on Employees Principals if it results in: (a) The the termination of the employment of Employees;Principals; or (b) Major major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees;Principals; 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, including any change to an Employee’s regular roster or ordinary hours of work;; or (e) The the need to relocate Employees to another workplace;retrain Principals; or (f) The the need to retrain Employeesrelocate Principals to another workplace; or (g) The the restructuring of jobs. 9.10 The transfer of Employees between Vessels is not considered to be a major change.‌ 9.11 31.7 In this clause 9clause, relevant Employees Principals’ means the Employees Principals who may be significantly affected by the major change.

Appears in 1 contract

Samples: Employment Agreement

CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. ‌ 9.1 This clause applies if: (a) The 18.1 Where the Employer has made a definite decision to introduce a major change changes to the regular roster or ordinary hours of work, production, programprogramme, organisation, structure, or technology in relation to its enterprise; and (b) The change that is likely to have a significant effect effects on Employees of the Employer. 9.2 The Employer must notify the relevant Employees of the decision to introduce the major change. 9.3 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 representativeemployees , the Employer must recognise must: a) Give notice of the representative.‌changes to all employees who may be affected by them and their representatives; and 9.4 As soon as practicable after making its decision, the Employer must discuss b) Discuss with the relevant Employeesaffected employees and their representatives: (ai) The introduction of the change; (b) The effect the change is likely to have on the relevant Employeeschanges; and (ii) Their likely effect on employees; and (iii) Measures to avoid or reduce the adverse effects of the changes on employees; and c) Measures the Employer is taking to avert or mitigate the adverse effect of the change on the relevant Employeescommence discussions as soon as practicable after a definite decision has been made. 9.5 The Employer must for 18.2 For the purposes of the discussion provideunder clause 18.1(b), the employer must give in writing, writing to the relevant Employees: affected employees and their representatives (aif any) All all relevant information about the change including the nature of the change proposed;changes including: (ba) Information about the expected effects of the change on the relevant Employeestheir nature; and (b) their expected effect on employees; and c) Any any other matters likely to affect the relevant Employeesemployees. 9.6 The Employer is 18.3 Clause 18.1 does not required require an employer to disclose any confidential or commercially sensitive informationinformation if its disclosure would be contrary to the employer’s interests. 9.7 18.4 The Employer employer must give prompt and genuine consideration to promptly consider any matters raised by the employees or their representatives about the major change by changes in the 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 course of the change. 9.8 If a discussion under clause in this Agreement provides for a major change to production18.1(b) In clause 18 significant effects, programon employees, organisation, structure or technology in relation to the enterprise includes any of the Employer, then that other clause will apply to the extent of any inconsistency with this clause 9.‌ 9.9 In this clause 9, a major change is likely to have a significant effect on Employees if it results infollowing: (a) The termination of the employment of Employees;employment; or (b) Major change to major changes in the composition, operation or size of the Employeremployer’s workforce or to in the skills required of Employees;required; or (c) The elimination loss of, or diminution of reduction in, job opportunities (including opportunities for or promotion or tenure);opportunities; or (d) The loss of, or reduction in, job tenure; or e) alteration of hours of work, including any ; or f) the need for employees to be retrained or transferred to other work or locations; or g) job restructuring. h) Consultation about changes to hours of work 18.5 Clause 18 applies if an employer proposes to change to an Employee’s the 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 work of jobsan employee, other than an employee whose working hours are irregular, sporadic or unpredictable. 9.10 18.6 The transfer of Employees between Vessels is not considered to be a major change.‌ 9.11 In this clause 9, relevant Employees means the Employees who may be significantly employer must consult with any employees affected by the major changeproposed change and their representatives (if any). 18.7 For the purpose of the consultation, the employer must: a) provide to the employees and representatives mentioned in clause 18.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact. 18.8 The employer must consider any views given under clause 18.4. 18.9 Clause 18 is to be read in conjunction with any other provisions of this agreement concerning the scheduling of work or the giving of notice. 18.10 At any stage during this process an Employee may appoint a representative of their choice. The Employer’s must recognise the representative.

Appears in 1 contract

Samples: Wa Catholic School Teachers Enterprise Agreement 2023

CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. 9.1 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 Employer. 9.2 The Employer must notify the relevant Employees of the decision to introduce the major change. 9.3 The relevant Employees may appoint a representative representative, including a Union, 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.‌representative. 9.4 As soon as practicable after making its decision, the Employer must discuss with the relevant Employees: (a) The introduction of the change; (b) The effect the change is likely to have on the relevant Employees; and (c) Measures the Employer is taking to avert or mitigate the adverse effect of the change on the relevant Employees. 9.5 The Employer must for the purposes of the discussion provide, in writing, to the relevant Employees: (a) 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. 9.6 The Employer is not required to disclose confidential or commercially sensitive information. 9.7 The Employer must give prompt and genuine consideration to matters raised about the major change by the 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. 9.8 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 inconsistency with this clause 9.‌9. 9.9 In this clause 9, a major change is likely to have a significant effect on Employees if it results in: (a) The termination of the employment of Employees; (b) Major change to the composition, operation or size of the Employer’s workforce or to the skills 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. 9.10 The transfer of Employees between Vessels is not considered to be a major change.‌change. 9.11 In this clause 9, 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. ‌ 9.1 31.1 This clause applies if: (a) The 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 the change is likely to have a significant effect on Employees Principals of the Employerenterprise. 9.2 31.2 The Employer must notify the relevant Employees Principals and the Union, of the decision to introduce the major change. 9.3 . The relevant Employees may Employer will notify the Principal of their right to appoint a representative for the purposes of consultation, and if 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 Principal advises the Employer of the identity of the representative, the Employer must recognise the representative.‌representative. 9.4 31.3 As soon as practicable after making its decision, the Employer must discuss with the relevant Employeesmust: (a) The discuss with the relevant Principals: (i) the introduction of the change; (bii) The the effect the change is likely to have on the relevant Employees; andPrincipals; (ciii) Measures measures the Employer is taking to avert or mitigate the adverse effect effects of the change on the relevant Employees.Principals; and 9.5 The Employer must (b) for the purposes of the discussion provide, in writing, to the relevant EmployeesPrincipals, and where appointed as a representative, the Union: (ai) All all relevant information about the change including the nature of the change proposed; (bii) Information information about the expected effects of the change on the Principals; (iii) where a change involves the termination of an Principal’s employment, all relevant Employeesinformation about the proposed terminations including the reasons for the proposed terminations, the number and categories of Principals likely to be affected, and the number of Principals normally employed, and the period over which the terminations are likely to be carried out; and (civ) Any any other matters likely to affect the relevant EmployeesPrincipals. 9.6 31.4 The Employer is not required to disclose confidential or commercially sensitive informationinformation to the relevant Principals or their representative. 9.7 31.5 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. In addition, for a change to the Employees’ regular roster Principals or ordinary hours of work the Employer will invite the Employees to give their views on the impact of the changerepresentative. 9.8 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 inconsistency with this clause 9.‌ 9.9 31.6 In this clause 9clause, a major change is likely to have a significant effect on Employees Principals if it results in: (a) The the termination of the employment of Employees;Principals; or (b) Major major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees;Principals; 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, including any change to an Employee’s regular roster or ordinary hours of work;; or (e) The the need to relocate Employees to another workplace;retrain Principals; or (f) The the need to retrain Employeesrelocate Principals to another workplace; or (g) The the restructuring of jobs. 9.10 The transfer of Employees between Vessels is not considered to be a major change.‌ 9.11 31.7 In this clause 9clause, relevant Employees Employees’ or ‘relevant Principals’ means the Employees Principals who may be significantly affected by the major change.

Appears in 1 contract

Samples: Enterprise Agreement

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CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. ‌ 9.1 12.1 This clause applies if: (a) The Employer Xxxxxxx 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 EmployerXxxxxxx. 9.2 The Employer 12.2 Xxxxxxx must notify the relevant Employees of the decision to introduce the major change. 9.3 12.3 The relevant Employees may appoint a representative for the purposes of the procedures in this clauseterm. If a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation and the Employee or Employees advise the Employer Xxxxxxx of the identity of the representative, the Employer Xxxxxxx must recognise the representative.‌representative. 9.4 12.4 As soon as practicable after making its decision, the Employer Xxxxxxx must discuss with the relevant Employees: (a) The introduction of the change; (b) The effect the change is likely to have on the relevant Employees; and (c) Measures the Employer Xxxxxxx is taking to avert or mitigate the adverse effect of the change on the relevant Employees. 9.5 The Employer 12.5 Xxxxxxx must for the purposes of the discussion provide, in writing, to the relevant Employees: (a) 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. 9.6 The Employer 12.6 Xxxxxxx is not required to disclose confidential or commercially sensitive information. 9.7 The Employer 12.7 Xxxxxxx must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. In addition, for a change to the Employees’ regular roster or ordinary hours of work the Employer Xxxxxxx will invite the Employees to give their views on the impact of the change. 9.8 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 inconsistency with this clause 9.‌ 9.9 12.8 In this clause 9term, a major change is likely to have a significant effect on Employees if it results in: (a) The termination of the employment of Employees; (b) Major change to the composition, operation or size of the Employer’s Xxxxxxx’x workforce or to the skills required of Employees; (c) The elimination or diminution of job opportunities (including opportunities for promotion or tenure); (d) The Permanent 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. 9.10 12.9 The transfer of Employees between Vessels is not considered to be a major change.‌change. 9.11 12.10 In this clause 9, relevant Employees means mean the Employees who may be significantly affected by the major change.

Appears in 1 contract

Samples: Offshore Oil and Gas Enterprise Agreement

CONSULTATION REGARDING MAJOR WORKPLACE CHANGE. ‌ 9.1 11.1 This clause term applies if: : (a) The Employer School has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and and (b) The the change is likely to have a significant effect on Employees of the EmployerEmployees. 9.2 11.2 The Employer School must notify in writing the relevant Employees Employees’ chosen representative and the Union of the decision to introduce the major change. 9.3 11.3 The relevant Employees may appoint a representative for the purposes of the procedures in this clause. If , if: (a) a relevant Employee appoints, or relevant Employees employees appoint, a representative for the purposes of consultation consultation; and (b) the Employee or Employees advise the Employer School of the identity of the representative, ; the Employer School must recognise the representative.‌representative. 9.4 11.4 As soon as practicable after making its decision, the Employer must School must: (a) discuss with the relevant Employees: (aEmployees and chosen representative and offer to discuss with the Union: i) The the introduction of the change; (b; and ii) The the effect the change is likely to have on the relevant Employees; and (cand iii) Measures measures the Employer School is taking to avert or mitigate the adverse effect of the change on the relevant Employees. 9.5 The Employer must ; and (b) for the purposes of the discussion provide, in writing, to the relevant Employees: (aEmployees and chosen representative and the Union: i) All all relevant information about the change including the nature of the change proposed; (b; and ii) Information information about the expected effects of the change on the relevant Employees; and (cand iii) Any any other matters likely to affect the relevant Employees. 9.6 The Employer 11.5 However, the School is not required to disclose confidential or commercially sensitive informationinformation to the relevant Employees or the chosen representative. 9.7 11.6 The Employer School must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. In addition, for a change to employees or 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. 9.8 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 inconsistency with this clause 9.‌ 9.9 chosen representative 11.7 In this clause 9clause, 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 School'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, including any change to an Employee’s regular roster ; or ordinary hours of work; (e) The the need to retrain Employees; or (f) the need to relocate Employees to another workplace; (f) The need to retrain Employees; or or (g) The the restructuring of jobs. Change to regular roster or ordinary hours of work 11.8 For a change referred to in paragraph 11.1(b) the School must notify the relevant employees of the proposed change; and 11.9 the relevant employees may appoint a representative for the purposes of the procedures in this term. 9.10 The transfer of Employees between Vessels is not considered to be a major change.‌ 9.11 In this clause 9, 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. ‌ 9.1 7.1 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 Employerwork of Employees. 9.2 7.2 For a major change referred to in clause 7.1 (a): a) The Employer must notify the relevant Employees of the decision to introduce the major changechange and their representative (if any); and b) Clauses 7.3 to 7.9 apply. 9.3 7.3 The relevant Employees may appoint a representative for the purposes of the procedures in this clause. If term. 7.4 If: a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation and consultation; and b) the Employee employee or Employees employees advise the Employer employer of the identity of the representative, ; the Employer employer must recognise the representative.‌representative. 9.4 7.5 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 relevant Employees; and (ciii) Measures measures the Employer is taking to avert or mitigate the adverse effect of the change on the relevant Employees.; and 9.5 The Employer must for b) For the purposes of the discussion provide, in writing, to the relevant Employees: (ai) All relevant information about the change including the nature of the change proposed;; and (bii) Information about the expected effects of the change on the relevant Employees; and (ciii) Any other matters likely to affect the relevant Employees. 9.6 The 7.6 However, the Employer is not required to disclose confidential or commercially sensitive informationinformation to the relevant Employees. 9.7 7.7 The Employer must give prompt and genuine consideration to matters raised about the major change by the 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. 9.8 7.8 If a clause term 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 the requirements set out in clauses 7.2 (a) and 7.3 and 7.5 are taken not to the extent of any inconsistency with this clause 9.‌apply. 9.9 7.9 In this clause 9term, 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, including any change to an Employee’s regular roster or ordinary hours of work;; or (e) The the need to retrain Employees; or f) the need to relocate Employees to another workplace; (f) The need to retrain Employees; or (g) The the restructuring of jobs. 9.10 7.10 For a change referred to in clause 7.1 (b). i) The transfer Employer must notify the relevant Employees of the proposed change; and ii) Clauses 7.11 to 7.15 apply. 7.11 The relevant Employees between Vessels may appoint a representative for the purposes of the procedures in this term. 7.12 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. 7.13 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 iv) 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). 7.14 However, the Employer is not considered required to be a major change.‌disclose confidential or commercially sensitive information to the relevant Employees. 9.11 7.15 The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees. 7.16 In this clause 9, relevant term Relevant Employees means the Employees who may be significantly affected by a change referred to in clause 7.1. 7.17 When exercising its rights under clause 7.1 (b), the major changeEmployer must consider: a) the reasonable availability of Employees, taking into account their family responsibilities and other relevant factors such as education and study commitments; and b) Whether the Employee can be assigned to alternative duties; and c) Exploring other options before reducing a part time Employee’s working hours. For example, rather than reduce a part time Employee’s hours at a particular Service/Program, the Employer will consider whether the Employee can instead be required to work at another neighbouring Service/Program.

Appears in 1 contract

Samples: Service Delivery Agreement

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