CONSULTATION TERM. (a) This clause applies if the Company: (i) Has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or (ii) Proposes to introduce a change to the regular roster or ordinary hours of work of Employees. Major change (b) For a major change referred to in clause 43(a)(i): (i) The Company must notify the relevant Employees of the decision to introduce the major change; and (ii) Subclauses 43(c) to (i) apply. (c) The relevant Employees may appoint a representative for the purposes of the procedures in this clause. (d) If: (i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (ii) the Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative. (e) As soon as practicable after making its decision, the Company must: (i) Discuss with the relevant Employees: ▪ the introduction of the change; and ▪ the effect the change is likely to have on the Employees; and ▪ measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees; and (ii) For the purposes of the discussion—provide, in writing, to the relevant Employees: ▪ all relevant information about the change including the nature of the change proposed; and ▪ information about the expected effects of the change on the Employees; and ▪ any other matters likely to affect the Employees. (f) However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees. (g) The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. (h) 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 Company, the requirements set out in clause 43(b)(i) and subclauses 43(c) and (e) are taken not to apply. (i) In this term, a major change is likely to have a significant effect on Employees if it results in: (i) The termination of the employment of Employees; or (ii) Major change to the composition, operation or size of the Company’s workforce or to the skills required of Employees; or (iii) The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (iv) The alteration of hours of work; or (v) The need to retrain Employees; or (vi) The need to relocate Employees to another workplace; or (vii) The restructuring of jobs; or (viii) Change to regular roster or ordinary hours of work (j) For a change referred to in clause 43(a)(ii): (i) The Company must notify the relevant Employees of the proposed change; and (ii) Subclauses 43(k) to (o) apply. (k) The relevant Employees may appoint a representative for the purposes of the procedures in this clause. (l) If: (i) A relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (ii) The Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative. (m) As soon as practicable after proposing to introduce the change, the Company must: (i) Discuss with the Relevant Employees the introduction of the change; and (ii) For the purposes of the discussion—provide to the Relevant Employees: ▪ all relevant information about the change, including the nature of the change; and ▪ information about what the Company reasonably believes will be the effects of the change on the Employees; and ▪ information about any other matters that the Company reasonably believes are likely to affect the Employees; and (iii) 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). (n) However, the Company is not required to disclose confidential or commercially sensitive information to the Relevant Employees. (o) The Company must give prompt and genuine consideration to matters raised about the change by the Relevant Employees. (p) In this clause:
Appears in 2 contracts
Samples: Serco Immigration Services Agreement, Serco Immigration Services Agreement
CONSULTATION TERM. (a) 12.1 This clause term applies if the Company:
(i) Has if: • The Company has made a definite decision to introduce a major change to production, program, organisation, structure structure, or technology in relation to its enterprise that is likely to have a significant effect on the Employeesenterprise; or
(ii) Proposes or • The Company proposes to introduce a change to the regular roster or ordinary hours of work of Employees. Major changeemployees, and; • The change is likely to have a significant effect on Employees of the Company.
(b) For a major change referred to in clause 43(a)(i):
(i) 12.2 The Company must notify the relevant Employees of the decision to introduce the major change; and
(ii) Subclauses 43(c) to (i) apply.
(c) 12.3 The relevant Employees may appoint a representative for the purposes of the procedures in this clauseterm.
(d) 12.4 If:
(i) a relevant Employee appoints, or : • The relevant Employees appoint, appoint a representative for the purposes of consultation; and
(ii) the Employee or and • The Employees advise the Company of the identity of the representative; the then • The Company must recognise the representative.
(e) 12.5 As soon as practicable after making its decision, the Company must:
(i) Discuss must discuss with the relevant Employees: ▪ the • The introduction of the change; and ▪ the • The effect the change is likely to have on the Employees; and ▪ measures • Measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees; and.
(ii) 12.6 For the purposes of the discussion—, the Company must provide, in writing, to the relevant Employees: ▪ all • All relevant information about the change including the nature of the change proposed; and ▪ information • Information about the expected effects of the change on the Employees; and ▪ any • Any other matters likely to affect the Employees.
(f) 12.7 However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(g) 12.8 The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(h) 12.9 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 Company, the requirements set out in clause 43(b)(i) Clauses 12.2, 12.3 and subclauses 43(c) and (e) 12.5 are taken not to apply.
(i) 12.10 In this term, a major change is likely to have a significant effect on Employees if it results in:
(i) : • The termination of the employment of Employees; or
(ii) or • Major change to the composition, operation or size of the Company’s workforce or to the skills required of Employees; or
(iii) or • The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(iv) or • The alteration of hours of work; or
(v) or • The need to retrain Employees; or
(vi) or • The need to relocate Employees to another workplace; or
(vii) or • The restructuring of jobs; orwork.
(viii) Change 12.11 In this term, relevant Employees mean the Employees who may be affected by the major change.
12.12 Where the Company proposes to change an employee’s regular roster or ordinary working hours of work
(jexcept where the employee has irregular working hours), the employer must: • Consult with the affected employee(s) For a change referred to in clause 43(a)(ii):
(i) The Company must notify the relevant Employees of and their representatives, if any, about the proposed change; and
(iichange • Provide the affected employee(s) Subclauses 43(k) to (o) apply.
(k) The relevant Employees may appoint a representative for the purposes of the procedures in this clause.
(l) If:
(i) A relevant Employee appointsand representatives, or relevant Employees appointif any, a representative for the purposes of consultation; and
(ii) The Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative.
(m) As soon as practicable after proposing to introduce the change, the Company must:
(i) Discuss with the Relevant Employees the introduction of the change; and
(ii) For the purposes of the discussion—provide to the Relevant Employees: ▪ all relevant information about the change, including the nature of the change; and ▪ information about what the Company reasonably believes will be the effects of the proposed change on the Employees; and ▪ information about any other matters that the Company reasonably believes are likely to affect the Employees; and
(iii) • Invite the relevant Employees affected employee(s) and representatives, if any, to give provide their views about the impact of the proposed change (including any impact to family responsibilities) • Give consideration to the views of the affected employee(s) and their representatives, if any
13.1 The Company will pay for the reasonable costs of an Employee undertaking training or further education subject to Clauses 13.2 through 13.7.
13.2 Employees may be directed by the Company to attend training or further education during working hours and/or outside of working hours and/or in relation addition to working hours.
13.3 Where the Company directs Employees to attend training or further education, Employees will attend such training or further education either during working time and/or in addition to their family 36 hour week. The Company will pay all the costs of this training or caring responsibilitiesfurther education and pay Employees at ordinary time rates for their time spent in attendance. Notwithstanding anything else in this Agreement, under no circumstances will an Employee receive overtime payments for attendance at any training or further education at any time.
13.4 Where the Company does not direct an Employee to attend training or further education, the decision as to whether the Employee shall be paid for Employee’s attendance at such training or further education, is at the sole discretion of the Company.
13.5 Where an Employee requests the Company to pay course fees for training or further education which the Company considers is not relevant to its needs, the Company may still agree to pay the course fees for such training or further education, however the Employee shall attend the training or further education outside of normal working hours and the Employee will not be paid any wages or other monies by the Company for their attendance at such training or further education.
13.6 Employees agree to reimburse the Company, where the Company pays the course fees for training or further education and such an Employee fails to satisfactorily progress in this training or further education (e.g. where an Employee fails a TAFE unit, he/she agrees to reimburse the Company for the cost of that failed unit).
(n) However13.7 Where the Company pays the course fees for training or further education and an Employee resigns from or abandons their employment, the Employees agree to reimburse the Company is not required to disclose confidential for the costs of training or commercially sensitive information further education incurred in the period six months prior to the Relevant Employeesresignation.
(o) The Company must give prompt and genuine consideration to matters raised about the change by the Relevant Employees.
(p) In this clause:
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION TERM. 10.1 This term applies if:
(a) This clause applies if the Company:
(i) Has 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 that is likely to have a significant effect on the Employeesemployees; or
(iib) Proposes The employer proposes to introduce a change to the regular roster or ordinary hours of work of Employees. Major changeemployees.
(b) 10.2 For a major change referred to in clause 43(a)(iparagraph 10.1(a):
(ia) The Company employer must notify the relevant Employees employees of the decision to introduce the major change; and
(iib) Subclauses 43(c) 10.3 to (i) 10.9 apply.
(c) 10.3 The relevant Employees employees may appoint a representative for the purposes of the procedures in this clauseterm.
(d) 10.4 If:
(ia) a A relevant Employee employee appoints, or relevant Employees employees appoint, a representative for the purposes of consultation; and
(iib) the Employee The employee or Employees employees advise the Company employer of the identity of the representative; the Company employer must recognise the representative.
(e) 10.5 As soon as practicable after making its decision, the Company employer must:
(ia) Discuss with the relevant Employeesemployees: ▪ the • The introduction of the change; and ▪ the • The effect the change is likely to have on the Employeesemployee; and ▪ measures • Measures the Company employer is taking to avert or mitigate the adverse effect of the change on the Employeesemployees; and
(iib) For the purposes of the discussion—discussion — provide, in writing, to the relevant Employeesemployees: ▪ all • All relevant information about the change including the nature of the change proposed; and ▪ information • Information about the expected effects of the change on the Employeesemployees; and ▪ any • Any other matters likely to affect the Employeesemployees.
(f) 10.6 However, the Company employer is not required to disclose confidential or commercially sensitive information to the relevant Employeesemployees.
(g) 10.7 The Company employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employeesemployees.
(h) 10.8 If a clause term in this Agreement enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Companyemployer, the requirements set out in clause 43(b)(i) and subclauses 43(c(10.2 (a)), (10.3) and (e10.5) are taken not to apply.
(i) 10.9 In this term, a major change is likely to have a significant effect on Employees employees if it results in:
(ia) The termination of the employment of Employeesemployees; or
(iib) Major change to the composition, operation or size of the Companyemployer’s workforce or to the skills required of Employeesemployees; or
(iiic) The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(ivd) The alteration of hours of work; or
(ve) The need to retrain Employeesemployees; or
(vif) The need to relocate Employees employees to another workplace; or
(viig) The restructuring of jobs; or
(viii) . Change to regular roster or ordinary hours of work
(j) 10.10 For a change referred to in clause 43(a)(iiparagraph 10. 1 (b):
(ia) The Company the employer must notify the relevant Employees employees of the proposed change; and
(iib) Subclauses 43(k) subclauses 10. 11 to (o) 10.15 apply.
(k) 10.11 The relevant Employees employees may appoint a representative for the purposes of the procedures in this clauseterm.
(l) 10.12 If:
(ia) A a relevant Employee employee appoints, or relevant Employees employees appoint, a representative for the purposes of consultation; and
(iib) The Employee the employee or Employees employees advise the Company employer of the identity of the representative; the Company employer must recognise the representative.
(m) 10.13 As soon as practicable after proposing to introduce the change, the Company employer must:
(ia) Discuss discuss with the Relevant Employees relevant employees the introduction of the change; and
(iib) For for the purposes of the discussion—discussion -- provide to the Relevant Employeesrelevant employees: ▪ • all relevant information about the change, including the nature of the change; and ▪ • information about what the Company employer reasonably believes will be the effects of the change on the Employeesemployees; and ▪ • information about any other matters that the Company employer reasonably believes are likely to affect the Employeesemployees; and
(iiic) Invite invite the relevant Employees employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).
(n) 10.14 However, the Company employer is not required to disclose confidential or commercially sensitive information to the Relevant Employeesrelevant employees.
(o) 10.15 The Company employer must give prompt and genuine consideration to matters raised about the change by the Relevant Employeesrelevant employees.
(p) 10.16 In this clauseterm:
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION TERM. (a) 12.1 This clause term applies if the Company:
(i) Has if: • The Company has made a definite decision to introduce a major change to production, program, organisation, structure structure, or technology in relation to its enterprise that is likely to have a significant effect on the Employeesenterprise; or
(ii) Proposes or • The Company proposes to introduce a change to the regular roster or ordinary hours of work of Employees. Major changeemployees, and; • The change is likely to have a significant effect on Employees of the Company.
(b) For a major change referred to in clause 43(a)(i):
(i) 12.2 The Company must notify the relevant Employees of the decision to introduce the major change; and
(ii) Subclauses 43(c) to (i) apply.
(c) 12.3 The relevant Employees may appoint a representative for the purposes of the procedures in this clauseterm.
(d) 12.4 If:
(i) a relevant Employee appoints, or : • The relevant Employees appoint, appoint a representative for the purposes of consultation; and
(ii) the Employee or and • The Employees advise the Company of the identity of the representative; the then • The Company must recognise the representative.
(e) 12.5 As soon as practicable after making its decision, the Company must:
(i) Discuss must discuss with the relevant Employees: ▪ the • The introduction of the change; and ▪ the • The effect the change is likely to have on the Employees; and ▪ measures • Measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees; and.
(ii) 12.6 For the purposes of the discussion—, the Company must provide, in writing, to the relevant Employees: ▪ all • All relevant information about the change including the nature of the change proposed; and ▪ information _• Information about the expected effects of the change on the Employees; and ▪ any • Any other matters likely to affect the Employees.
(f) 12.7 However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(g) 12.8 The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(h) 12.9 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 Company, the requirements set out in clause 43(b)(i) Clauses 12.2, 12.3 and subclauses 43(c) and (e) 12.5 are taken not to apply.
(i) 12.10 In this term, a major change is likely to have a significant effect on Employees if it results in:
(i) : • The termination of the employment of Employees; or
(ii) or • Major change to the composition, operation or size of the Company’s 's workforce or to the skills required of Employees; or
(iii) or • The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(iv) or • The alteration of hours of work; or
(v) or • The need to retrain Employees; or
(vi) or • The need to relocate Employees to another workplace; or
(vii) or • The restructuring of jobs; orwork.
(viii) Change 12.11 In this term, relevant Employees mean the Employees who may be affected by the major change.
12.12 Where the Company proposes to change an employee's regular roster or ordinary working hours of work
(jexcept where the employee has irregular working hours), the employer must: • Consult with the affected employee(s) For a change referred to in clause 43(a)(ii):
(i) The Company must notify the relevant Employees of and their representatives, if any, about the proposed change; and
(iichange • Provide the affected employee(s) Subclauses 43(k) to (o) apply.
(k) The relevant Employees may appoint a representative for the purposes of the procedures in this clause.
(l) If:
(i) A relevant Employee appointsand representatives, or relevant Employees appointif any, a representative for the purposes of consultation; and
(ii) The Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative.
(m) As soon as practicable after proposing to introduce the change, the Company must:
(i) Discuss with the Relevant Employees the introduction of the change; and
(ii) For the purposes of the discussion—provide to the Relevant Employees: ▪ all relevant information about the change, including the nature of the change; and ▪ information about what the Company reasonably believes will be the effects of the proposed change on the Employees; and ▪ information about any other matters that the Company reasonably believes are likely to affect the Employees; and
(iii) • Invite the relevant Employees affected employee(s) and representatives, if any, to give provide their views about the impact of the proposed change (including any impact to family responsibilities) • Give consideration to the views of the affected employee(s) and their representatives, if any
13.1 The Company will pay for the reasonable costs of an employee undertaking training or further education subject to Clauses 13.2 through 13.7.
13.2 Employees may be directed by the Company to attend training or further education during working hours and/or outside of working hours and/or in relation addition to working hours.
13.3 Where the Company directs Employees to attend training or further education, Employees will attend such training or further education either during working time and/or in addition to their family 38 hour week. The Company will pay all the costs of this training or caring responsibilities)further education and pay Employees at ordinary time rates for their time spent in attendance. Notwithstanding anything else in this Agreement, under no circumstances will an Employee receive overtime payments for attendance at any training or further education at any time.
(n) However13.4 Where the Company does not direct an Employee to attend training or further education, the decision as to whether the Employee shall be paid for Employee's attendance at such training or further education, is at the sole discretion of the Company.
13.5 Where an Employee requests the Company to pay course fees for training or further education which the Company considers is not relevant to its needs, the Company is may still agree to pay the course fees for such training or further education, however the Employee shall attend the training or further education outside of normal working hours and the Employee will not required to disclose confidential be paid any wages or commercially sensitive information to the Relevant Employees.
(o) The Company must give prompt and genuine consideration to matters raised about the change other monies by the Relevant EmployeesCompany for their attendance at such training or further education.
(p) In this clause:
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION TERM. (a) 8.1 This clause Clause 8 applies if the Company:
(i) Has 8.1.1 has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or
(ii) Proposes 8.1.2 proposes to introduce a change to the regular roster or ordinary hours of work of Employees. Major change.
(b) 8.2 For a major change referred to in clause 43(a)(i):Subclause 8.1.1:
(i) The 8.2.1 the Company must notify the relevant Relevant Employees of the decision to introduce the major change; and
(ii) Subclauses 43(c) 8.2.2 Clauses 8.3 to (i) 8.9 apply.
(c) 8.3 The relevant Relevant Employees may appoint a representative for the purposes of the procedures in this clauseClause 8.
(d) 8.4 If:
(i) 8.4.1 a relevant Relevant Employee appoints, or relevant Relevant Employees appoint, a representative for the purposes of consultation; and
(ii) 8.4.2 the Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative.
(e) 8.5 As soon as practicable after making its decision, the Company must:
8.5.1 discuss with the Relevant Employees:
(i) Discuss with the relevant Employees: ▪ the introduction of the change; and ▪ and
(ii) the effect the change is likely to have on the Employees; and ▪ and
(iii) measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) For 8.5.2 for the purposes of the discussion—-provide, in writing, to the relevant Relevant Employees: ▪ :
(i) all relevant information about the change including the nature of the change proposed; and ▪ and
(ii) information about the expected effects of the change on the Employees; and ▪ and
(iii) any other matters likely to affect the Employees.
(f) 8.6 However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Relevant Employees.
(g) 8.7 The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Relevant Employees.
(h) 8.8 If a clause term in this Agreement 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 clause 43(b)(i) Subclause 8.2.1 and subclauses 43(c) Clauses 8.3 and (e) 8.5 are taken not to apply.
(i) 8.9 In this termClause 8, a major change is likely to have a significant effect on Employees if it results in:
(i) The 8.9.1 the termination of the employment of Employees; or
(ii) Major 8.9.2 major change to the composition, operation or size of the Company’s 's workforce or to the skills required of Employees; or
(iii) The 8.9.3 the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(iv) The 8.9.4 the alteration of hours of work; or
(v) The 8.9.5 the need to retrain Employees; or
(vi) The 8.9.6 the need to relocate Employees to another workplace; or
(vii) The 8.9.7 the restructuring of jobs; or
(viii) Change to regular roster or ordinary hours of work
(j) 8.10 For a change referred to in clause 43(a)(ii):Subclause 8.1.2:
(i) The 8.10.1 the Company must notify the relevant Relevant Employees of the proposed change; and
(ii) Subclauses 43(k) 8.10.2 Clauses 8.11 to (o) 8.15 apply.
(k) 8.11 The relevant Relevant Employees may appoint a representative for the purposes of the procedures in this clauseClause 8.
(l) 8.12 If:
(i) A relevant 8.12.1 a Relevant Employee appoints, or relevant Relevant Employees appoint, a representative for the purposes of consultation; and
(ii) The 8.12.2 the Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative.
(m) 8.13 As soon as practicable after proposing to introduce the change, the Company must:
(i) Discuss 8.13.1 discuss with the Relevant Employees the introduction of the change; and
(ii) For 8.13.2 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 ▪ and
(ii) information about what the Company reasonably believes will be the effects of the change on the Employees; and ▪ and
(iii) information about any other matters that the Company reasonably believes are likely to affect the Employees; and
(iii) Invite 8.13.3 invite the relevant Relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).
(n) 8.14 However, the Company is not required to disclose confidential or commercially sensitive information to the Relevant Employees.
(o) 8.15 The Company must give prompt and genuine consideration to matters raised about the change by the Relevant Employees.
(p) In this clause:
Appears in 1 contract
Samples: Corporate Template Agreement
CONSULTATION TERM. 7.1 Major change
(a) This clause applies if If the Company:
(i) Has made a definite decision to introduce a Employer is seriously considering introducing major change to production, program, organisation, structure or technology in relation to its enterprise workplace changes that is are likely to have a significant effect on the Employees; or
(ii) Proposes to introduce Employees covered by this Agreement, the Employer must consult with the Employees who will be affected by the decision and a change to the regular roster or ordinary hours representative of work of Employees. Major changetheir choice.
(b) For a major change referred to in clause 43(a)(i):
(i) The Company Employer must notify the relevant Employees of the decision to introduce the major change; and
(ii) Subclauses 43(c) to (i) apply.
(c) The relevant Employees may appoint a representative including a Union for the purposes of the procedures in this clauseclause 7.1.
(d) If:
(i) If a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) and the Employee or Employees advise the Company Employer of the identity of the representative; the Company Employer must recognise the representative.
(e) As soon as practicable after making its decision, the Company Employer must:
(i) Discuss discuss with the relevant Employees: ▪ Employees and their representative (if any):
(A) the introduction of the change; and ▪ and
(B) the effect the change is likely to have on the Employees; and ▪ and
(C) measures the Company Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) For for the purposes of the discussion—discussion – provide, in writing, to the relevant Employees: ▪ Employees and, if requested, to their representative:
(A) all relevant information about the change including the nature of the change proposed; and ▪ and
(B) information about the expected effects of the change on the Employees; and ▪ and
(C) any other matters likely to affect the Employees.
(f) However, the Company Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(g) The Company Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(h) 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 Company, the requirements set out in clause 43(b)(i) and subclauses 43(c) and (e) are taken not to apply.
(i) In this term, a major change is likely to have a significant effect on Employees if it results in:
(i) The the termination of the employment of Employees; or
(ii) Major major change to the composition, operation or size of the CompanyEmployer’s workforce or to the skills required of Employees; or
(iii) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(iv) The the alteration of hours of work; or
(v) The the need to retrain Employees; or
(vi) The the need to relocate Employees to another workplace; or
(vii) The the restructuring of jobs; or
(viii) Change to regular roster or ordinary hours of work
(j) For a change referred to in clause 43(a)(ii):.
(i) The Company must notify the In this clause 7.1, relevant Employees of mean the proposed change; and
(ii) Subclauses 43(k) to (o) apply.
(k) The relevant Employees who may appoint a representative for the purposes of the procedures in this clause.
(l) If:
(i) A relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) The Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative.
(m) As soon as practicable after proposing to introduce the change, the Company must:
(i) Discuss with the Relevant Employees the introduction of the change; and
(ii) For the purposes of the discussion—provide to the Relevant Employees: ▪ all relevant information about the change, including the nature of the change; and ▪ information about what the Company reasonably believes will be the effects of the change on the Employees; and ▪ information about any other matters that the Company reasonably believes are likely to affect the Employees; and
(iii) 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).
(n) However, the Company is not required to disclose confidential or commercially sensitive information to the Relevant Employees.
(o) The Company must give prompt and genuine consideration to matters raised about the change affected by the Relevant Employeesmajor change.
(p) In this clause:
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION TERM. (This term applies if:
a) This clause term applies if the Companyif:
(i) Has i. The Company has made a definite decision to introduce a major change to production, program, organisation, structure structure, or technology in relation to its enterprise that is likely to have a significant effect on the Employeesemployees; or
(ii) . Proposes to introduce a change to the regular roster or ordinary hours of work of Employees. Major changeemployees.
(b) For a major change referred to in clause 43(a)(i17 (a)(i):
(i) The i. the Company must notify the relevant Employees of the decision to introduce the major change; and
ii. Subclauses (ii) Subclauses 43(c3) to (i9) apply.
(c) The relevant Employees may appoint a representative for the purposes of the procedures in this clauseterm.
(d) If:
(i) a i. A relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) the . The Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative.
(e) As soon as practicable after making its decision, the Company must:
(i) i. Discuss with the relevant Employees: ▪ Employees the introduction of following:
(1) The introductionof the change; and ▪ the
(2) The effect the change is likely to have on the Employees; and ▪ measures and
(3) Measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees; and.
(ii) . For the purposes of the discussion—discussion - provide, in writing, to the relevant Employees: ▪ all :
(1) All relevant information about the change including the nature of the change proposed; and ▪ information and
(2) Information about the expected effects of the change on the Employees; and ▪ any and
(3) Any other matters likely to affect the Employees.
(f) However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(g) The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(h) If a clause term in this Agreement the Enterprise 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 clause 43(b)(isubclauses (b)(i) and subclauses 43(c(c) and (e) are taken not to apply.
(i) In this term, a major change is likely to have a significant effect on Employees if it results in:
(i) i. The termination of the employment of Employees; or
(ii) . Major change to the composition, operation operation, or size of the Company’s 's workforce or to the skills required of Employees; or
(iii) . The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(iv) . The alteration of hours of work; or
(v) v. The need to retrain Employees; or
(vi) . The need to relocate Employees to another workplace; or
(vii) . The restructuring of jobs; or.
(viii) Change to regular roster or ordinary hours of work
(j) For a change referred to in clause 43(a)(iisubclause 17(a)(ii):
(i) i. The Company must notify the relevant Employees employees of the proposed change; and
ii. Subclauses (ii) Subclauses 43(kK) to (oP) apply.
(k) The relevant Employees may appoint a representative for the purposes of the procedures in this clauseterm.
(l) If:
(i) i. A relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) . The Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative.
(m) As soon as practicable after proposing to introduce the changemaking its decision, the Company must:
(i) Discuss i. discuss with the Relevant Employees relevant employees the introduction of the change; and
(ii) For . for the purposes of the discussion—discussion – provide to the Relevant Employees: ▪ relevant employees:
(1) all relevant information about the change, including the nature of the change; and ▪ and
(2) information about what the Company reasonably believes will be the effects of the change on the Employeesemployees; and ▪ and
(3) information about any other matters that the Company he employers reasonably believes are likely to affect the Employeesemployees; and
(iiin) Invite invite the relevant Employees employee to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).
(no) However, the Company is not required to disclose confidential or commercially sensitive information to the Relevant Employeesrelevant employees.
(op) The Company must give prompt and genuine consideration to matters raised about the change changes by the Relevant Employeesrelevant employees.
(pq) In this clause:term ‘relevant employees’ means the employees who may be affected by a change referred to in subclause (a).
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION TERM. (a) This clause term applies if the CompanyEmployer:
(i) Has has made a definite decision to introduce a major change to production, program, organisation, structure structure, or technology in relation to its enterprise that is likely to have a significant effect on Employees of the Employees; orenterprise.
(ii) Proposes proposes to introduce a change to the regular roster or ordinary hours of work of Employees. Major changeemployees.
(b) For a major change referred to in clause 43(a)(i):subclause (a)(i)
(i) The Company Employer must notify the relevant Employees of the decision to introduce the major change; and.
(ii) Subclauses 43(c(c) to (ih) apply.
(c) The relevant Employees may appoint a representative for the purposes of the procedures in this clauseterm.
(d) If:
(i) If a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) and the Employee or Employees advise the Company Employer of the identity of the representative; the Company Employer must recognise the representative.
(e) As soon as practicable after making its decision, the Company Employer must:
(i) Discuss discuss with the relevant Employees: ▪ :
(1) the introduction of the change; and ▪ and
(2) the effect the change is likely to have on the Employees; and ▪ and
(3) measures the Company Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) For for the purposes of the discussion—discussion — provide, in writing, to the relevant Employees: ▪ :
(1) all relevant information about the change including the nature of the change proposed; and ▪ and
(2) information about the expected effects of the change on the Employees; and ▪ and
(3) any other matters likely to affect the Employees.
(f) However, the Company Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(g) The Company Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(h) 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 Company, the requirements set out in clause 43(b)(i) and subclauses 43(c) and (e) are taken not to apply.
(i) In this term, a major change is likely to have a significant effect on Employees if it results in:
(i) The the termination of the employment of Employees; or
(ii) Major major change to the composition, operation or size of the CompanyEmployer’s workforce or to the skills required of Employees; or
(iii) The the elimination or diminution reduction of job opportunities (including opportunities for promotion or tenure); or
(iv) The the alteration of hours of work; or
(v) The the need to retrain Employees; or
(vi) The the need to relocate Employees to another workplace; or
(vii) The the restructuring of jobs; or.
(viii) Change to regular roster or ordinary hours of work
(ji) For a change referred to in clause 43(a)(iisubclause (a)(ii):
(i) The Company the employer must notify the relevant Employees employees of the proposed change; and
(ii) Subclauses 43(ksubclauses (j) to (on) apply.
(kj) The relevant Employees employees may appoint a representative for the purposes of the procedures in this clauseterm.
(lk) If:
(i) A a relevant Employee employee appoints, or relevant Employees employees appoint, a representative for the purposes of consultation; and
(ii) The Employee the employee or Employees employees advise the Company employer of the identity of the representative; the Company employer must recognise the representative.
(ml) As soon as practicable after proposing to introduce the change, the Company employer must:
(i) Discuss discuss with the Relevant Employees relevant employees the introduction of the change; and
(ii) For for the purposes of the discussion—--provide to the Relevant Employees: ▪ relevant employees:
1. all relevant information about the change, including the nature of the change; and ▪ and
2. information about what the Company employer reasonably believes will be the effects of the change on the Employeesemployees; and ▪ and
3. information about any other matters that the Company employer reasonably believes are likely to affect the Employeesemployees; and
(iii) Invite invite the relevant Employees employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).
(nm) However, the Company employer is not required to disclose confidential or commercially sensitive information to the Relevant Employeesrelevant employees.
(on) The Company employer must give prompt and genuine consideration to matters raised about the change by the Relevant Employeesrelevant employees.
(po) In this clause:term, relevant Employees means the Employees who may be affected by the major change.
Appears in 1 contract
CONSULTATION TERM. 18.1. This term applies if: The Company
(a) This clause applies if the Company:
(i) Has has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or
(iib) Proposes proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
18.2. Major change
(b) For a major change referred to in clause 43(a)(i):paragraph 18.1
(ia) The Company the employer must notify the relevant Employees of the decision to introduce the major change; and
(iib) Subclauses 43(c) subclauses 18.3 to (i) 18.9 apply.
(c) 18.3. The relevant Employees may appoint a representative for the purposes of the procedures in this clauseterm.
(d) 18.4. If:
(ia) a A relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(iib) the The Employee or Employees advise the Company employer of the identity of the representative; the Company employer must recognise the representative.
(e) 18.5. As soon as practicable after making its decision, the Company must:
(ia) Discuss with the relevant Employees: ▪ the :
(i) The introduction of the change; and ▪ the and
(ii) The effect the change is likely to have on the Employees; and ▪ measures and
(iii) Measures the Company employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(iib) For the purposes of the discussion—discussion — provide, in writing, to the relevant Employees: ▪ all :
(i) All relevant information about the change including the nature of the change proposed; and ▪ information and
(ii) Information about the expected effects of the change on the Employees; and ▪ any and
(iii) Any other matters likely to affect the Employees.
(f) 18.6. However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(g) 18.7. The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(h) 18.8. If a clause term in this Agreement the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Companyemployer, the requirements set out in clause 43(b)(i) subclauses 18.2 a, 18.3 and subclauses 43(c) and (e) 18.5 are taken not to apply.
(i) 18.9. In this term, a major change is likely to have a significant effect on Employees if it results in:
(ia) The termination of the employment of Employees; or
(iib) Major change to the composition, operation or size of the Company’s workforce or to the skills required of Employees; or
(iiic) The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(ivd) The alteration of hours of work; or
(ve) The need to retrain Employees; or
(vif) The need to relocate Employees to another workplace; or
(viig) The restructuring of jobs; or
(viii) Change to regular roster or ordinary hours of work
(j) . 18.10. For a change referred to in clause 43(a)(ii):paragraph 18.1b:
(ia) The Company the employer must notify the relevant Employees of the proposed change; and
(iib) Subclauses 43(k) clauses 18.11 to (o) 18.15 apply.
(k) The relevant Employees may appoint a representative for the purposes of the procedures in this clause.
(l) If:
(i) A relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) The Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative.
(m) As soon as practicable after proposing to introduce the change, the Company must:
(i) Discuss with the Relevant Employees the introduction of the change; and
(ii) For the purposes of the discussion—provide to the Relevant Employees: ▪ all relevant information about the change, including the nature of the change; and ▪ information about what the Company reasonably believes will be the effects of the change on the Employees; and ▪ information about any other matters that the Company reasonably believes are likely to affect the Employees; and
(iii) 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).
(n) However, the Company is not required to disclose confidential or commercially sensitive information to the Relevant Employees.
(o) The Company must give prompt and genuine consideration to matters raised about the change by the Relevant Employees.
(p) In this clause:
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION TERM. (a) This clause term applies if the Company:
(i) Has has made a definite decision to introduce a major change to production, program, organisation, structure structure, or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or
(ii) Proposes proposes to introduce a change to the regular roster or ordinary hours of work of Employees. Major change.
(b) For a major change referred to in clause 43(a)(isubclause 59(a)(i):
(i) The the Company must notify the relevant Employees of the decision to introduce the major change; and
(ii) Subclauses 43(c) to (i) apply.
(c) The relevant Employees may appoint a representative for the purposes of the procedures in this clauseterm.
(d) If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) the Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative.
(e) As soon as practicable after making its decision, the Company must:
(i) Discuss discuss with the relevant Employees: ▪ the introduction of the change; and ▪ the effect the change is likely to have on the Employees; and ▪ measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) For for the purposes of the discussion—discussion — provide, in writing, to the relevant Employees: ▪ all relevant information about the change including the nature of the change proposed; and ▪ information about the expected effects of the change on the Employees; and ▪ any other matters likely to affect the Employees.
(f) However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(g) The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(h) If a clause term in this 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 clause 43(b)(isubclauses (b)(i) and subclauses 43(c(c) and (e) are taken not to apply.
(i) In this term, a major change is likely to have a significant effect on Employees if it results in:
(i) The the termination of the employment of Employees; or
(ii) Major major change to the composition, operation or size of the Company’s workforce or to the skills required of Employees; or
(iii) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(iv) The the alteration of hours of work; or
(v) The the need to retrain Employees; or
(vi) The the need to relocate Employees to another workplace; or
(vii) The the restructuring of jobs; or.
(viii) Change the introduction of new policies limited to regular roster or ordinary hours of workPPE, Fitness for Work and Fatigue Management.
(j) For or a change referred to in clause 43(a)(iisubclause(b)(i):
(i) The the Company must notify the relevant Employees of the proposed change; and
(ii) Subclauses 43(ksubclauses (k) to (om) apply.
(k) The relevant Employees may appoint a representative for the purposes of the procedures in this clauseterm.
(l) If:
(i) A a relevant Employee employee appoints, or relevant Employees employees appoint, a representative for the purposes of consultation; and
(ii) The Employee the employee or Employees employees advise the Company employer of the identity of the representative; the Company employer must recognise the representative.
(m) As soon as practicable after proposing to introduce the change, ; the Company must:
(i) Discuss discuss with the Relevant Employees relevant employees the introduction of the change; and
(ii) For for the purposes of the discussion—discussion – provide to the Relevant Employeesrelevant employees: ▪ all relevant information about the change, including the nature of the change; and ▪ information about what the Company employer reasonably believes will be the effects of the change on the Employeesemployees; and ▪ information about any other matters that the Company employer reasonably believes are likely to affect the Employeesemployees; and
(iii) Invite invite the relevant Employees employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).
(n) However, the Company is not required to disclose confidential or commercially sensitive information to the Relevant Employeesrelevant employees.
(o) The Company must give prompt and genuine consideration to matters raised about the change by the Relevant Employeesrelevant employees.
(p) In this clause:term, relevant employees means the Employees who may be affected by a change referred to in subclause (a).
1. Electrical Worker Grade 1
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION TERM. (a) 10.1 This clause Clause 10 applies if the Company:
(i) 10.1.1 Has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or
(ii) 10.1.2 Proposes to introduce a change to the regular roster or ordinary hours of work of Employees. Major change.
(b) 10.2 For a major change referred to in clause 43(a)(i):Subclause 8:
(i) 10.2.1 The Company must notify the relevant Relevant Employees of the decision to introduce the major change; and
(ii) Subclauses 43(c) 10.2.2 Clauses 10.3 to (i) 10.9 apply.
(c) 10.3 The relevant Relevant Employees may appoint a representative for the purposes of the procedures in this clauseClause 10.
(d) 10.4 If:
(i) a relevant 10.4.1 A Relevant Employee appoints, or relevant Relevant Employees appoint, a representative for the purposes of consultation; and
(ii) the 10.4.2 The Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative.
(e) 10.5 As soon as practicable after making its decision, the Company must:
(i) 10.5.1 Discuss with the relevant Employees: ▪ Relevant Employees and their representative (if nominated):
(a) the introduction of the change; and ▪ and
(b) the effect the change is likely to have on the Employees; and ▪ and
(c) measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) 10.5.2 For the purposes of the discussion—discussion – provide, in writing, to the relevant Employees: ▪ Relevant Employees and their representative (if nominated):
(a) all relevant information about the change including the nature of the change proposed; and ▪ and
(b) information about the expected effects of the change on the Employees; and ▪ and
(c) any other matters likely to affect the Employees.
(f) 10.6 However, the Company is not required to disclose confidential or commercially sensitive information to the relevant EmployeesRelevant Employees and their representative (if nominated).
(g) 10.7 The Company must give prompt and genuine consideration to matters raised about the major change by the relevant EmployeesRelevant Employees and their representative (if nominated).
(h) 10.8 If a clause term in this Agreement 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 clause 43(b)(i) Subclause 11 and subclauses 43(c) Clauses 10.3 and (e) 10.5 are taken not to apply.
(i) 10.9 In this termClause 10, a major change is likely to have a significant effect on Employees if it results in:
(i) 10.9.1 The termination of the employment of Employees; or
(ii) 10.9.2 Major change to the composition, operation or size of the Company’s 's workforce or to the skills required of Employees; or
(iii) 10.9.3 The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(iv) 10.9.4 The alteration of hours of work; or
(v) 10.9.5 The need to retrain Employees; or
(vi) 10.9.6 The need to relocate Employees to another workplace; or
(vii) 10.9.7 The restructuring of jobs; or.
(viii) Change to regular roster or ordinary hours of work
(j) For a change referred to in clause 43(a)(ii):
(i) 10.10.1 The Company must notify the relevant Relevant Employees of the proposed change; and
(ii) Subclauses 43(k) to (o) apply.
(k) The relevant Employees may appoint a representative for the purposes of the procedures in this clause.
(l) If:
(i) A relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) The Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative.
(m) As soon as practicable after proposing to introduce the change, the Company must:
(i) Discuss with the Relevant Employees the introduction of the change; and
(ii) For the purposes of the discussion—provide to the Relevant Employees: ▪ all relevant information about the change, including the nature of the change; and ▪ information about what the Company reasonably believes will be the effects of the change on the Employees; and ▪ information about any other matters that the Company reasonably believes are likely to affect the Employees; and
(iii) 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).
(n) However, the Company is not required to disclose confidential or commercially sensitive information to the Relevant Employees.
(o) The Company must give prompt and genuine consideration to matters raised about the change by the Relevant Employees.
(p) In this clause:
Appears in 1 contract
CONSULTATION TERM. 7.1 Major change
(a) This clause applies if If the Company:
(i) Has made a definite decision to introduce a Employer is seriously considering introducing major change to production, program, organisation, structure or technology in relation to its enterprise workplace changes that is are likely to have a significant effect on the Employees; or
(ii) Proposes to introduce Employees covered by this Agreement, the Employer must consult with the Employees who will be affected by the decision and a change to the regular roster or ordinary hours representative of work of Employees. Major changetheir choice.
(b) For a major change referred to in clause 43(a)(i):
(i) The Company Employer must notify the relevant Employees of the decision to introduce the major change; and
(ii) Subclauses 43(c) to (i) apply.
(c) The relevant Employees may appoint a representative including a Union for the purposes of the procedures in this clauseterm 7.1.
(d) If:
(i) If a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) and the Employee or Employees advise the Company Employer of the identity of the representative; the Company Employer must recognise the representative.
(e) As soon as practicable after making its decision, the Company Employer must:
(i) Discuss discuss with the relevant Employees: ▪ Employees and their representative (if any):
(A) the introduction of the change; and ▪ and
(B) the effect the change is likely to have on the Employees; and ▪ and
(C) measures the Company Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) For for the purposes of the discussion—discussion – provide, in writing, to the relevant Employees: ▪ Employees and, if requested, to their representative:
(A) all relevant information about the change including the nature of the change proposed; and ▪ and
(B) information about the expected effects of the change on the Employees; and ▪ and
(C) any other matters likely to affect the Employees.
(f) However, the Company Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(g) The Company Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(h) 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 Company, the requirements set out in clause 43(b)(i) and subclauses 43(c) and (e) are taken not to apply.
(i) In this term, a major change is likely to have a significant effect on Employees if it results in:
(i) The the termination of the employment of Employees; or
(ii) Major major change to the composition, operation or size of the CompanyEmployer’s workforce or to the skills required of Employees; or
(iii) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(iv) The the alteration of hours of work; or
(v) The the need to retrain Employees; or
(vi) The the need to relocate Employees to another workplace; or
(vii) The the restructuring of jobs; or.
(viiii) In this term 7.1, relevant Employees mean the Employees who may be affected by the major change.
7.2 Change to regular roster or ordinary hours of work
(ja) For If the Employer proposes to introduce a change referred to in clause 43(a)(ii):
(i) The Company the regular roster or ordinary hours of work of Employees, the Employer must notify the relevant Employees of the proposed change; and
(ii) Subclauses 43(k) to (o) apply.
(kb) The relevant Employees may appoint a representative for the purposes of the procedures in this clauseclause 7.2.
(lc) If:
(i) A If a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) The and the Employee or Employees advise the Company Employer of the identity of the representative; the Company Employer must recognise the representative.
(md) As soon as practicable after proposing to introduce the change, the Company Employer must:
(i) Discuss discuss with the Relevant relevant Employees the introduction of the change; and
(ii) For for the purposes of the discussion—discussion – provide to the Relevant relevant Employees: ▪ :
(A) all relevant information about the change, including the nature of the change; and ▪ and
(B) information about what the Company Employer reasonably believes will be the effects of the change on the Employees; and ▪ and
(C) information about any other matters that the Company Employer reasonably believes are likely to affect the Employees; and
(iii) Invite 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).
(ne) However, the Company Employer is not required to disclose confidential or commercially sensitive information to the Relevant relevant Employees.
(of) The Company Employer must give prompt and genuine consideration to matters raised about the change by the Relevant relevant Employees.
(pg) In this clause:clause 7.2, relevant Employees mean the Employees who may be affected by the change to the regular roster or ordinary hours of work.
(h) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.
(i) These provisions are to be read in conjunction with other Agreement provisions concerning the scheduling of work and notice requirements.
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION TERM. (a) This clause term applies if the Company:
(i) Has has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or
(ii) Proposes proposes to introduce a change to the regular roster or ordinary hours of work of Employees. Major change.
(b) For a major change referred to in clause 43(a)(i4.1(a):
(i) The the Company must notify the relevant Employees of the decision to introduce the major change; and
(ii) Subclauses 43(csubclauses 4.1(c) to (i4.1(i) apply.
(c) The relevant Employees may appoint a representative for the purposes of the procedures set out in this clause.
(d) If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) the Employee or Employees advise the Company of the identity of the representative; , the Company must recognise the representative.
(e) As soon as practicable after making its decision, the Company must:
(i) Discuss discuss with the relevant Employees: ▪ :
(A) the introduction of the change; and ▪ and
(B) the effect the change is likely to have on the Employees; and ▪ and
(C) measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees; and
(ii) For for the purposes of the discussion—discussion – provide, in writing, to the relevant Employees: ▪ :
(A) all relevant information about the change including the nature of the change proposed; and ▪ and
(B) information about the expected effects of the change on the Employees; and ▪ and
(C) any other matters likely to affect the Employees.
(f) However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(g) The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(h) 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 Company, the requirements set out in clause 43(b)(isubclauses 4.1(b)(i), 4.1(c) and subclauses 43(c) and (e4.1(e) are taken not to apply.
(i) In this termclause, a “major change change” is likely to have a significant effect on Employees if it results in:
(i) The the termination of the employment of Employees; or
(ii) Major major change to the composition, operation or size of the Company’s workforce or to the skills required of Employeesemployees; or
(iii) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(iv) The the alteration of hours of work; or
(v) The the need to retrain Employees; or
(vi) The the need to relocate Employees to another workplace; or
(vii) The the restructuring of jobs; or
(viii) Change to regular roster or ordinary hours of work.
(j) For a change referred to in clause 43(a)(iisubclause 4.1(a)(ii):
(i) The the Company must notify the relevant Employees of the proposed change; and
(ii) Subclauses 43(ksubclauses 4.1(k) to (o4.1(o) apply.
(k) The relevant Employees may appoint a representative for the purposes of the procedures in this clause.
(l) If:
(i) A a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) The the Employee or Employees advise the Company of the identity of the representative; , the Company must then recognise the representative.
(m) As soon as practicable after proposing to introduce the change, the Company must:
(i) Discuss discuss with the Relevant relevant Employees the introduction of the change; and
(ii) For for the purposes of the discussion—discussion – provide to the Relevant relevant Employees: ▪ :
(A) all relevant information about the change, including the nature of the change; and ▪ ;
(B) information about what the Company reasonably believes will be the effects of the change on the Employees; and ▪ and
(C) information about any other matters that the Company reasonably believes are likely to affect the Employees; and
(iii) Invite 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).
(n) However, the Company is not required to disclose confidential information or commercially sensitive information to the Relevant relevant Employees.
(o) The Company must give prompt and genuine consideration to matters raised about the change by the Relevant relevant Employees.
(p) In this clause:, “relevant Employees” means the Employees who may be affected by a change referred to in subclause 4.1(a).
Appears in 1 contract
Samples: Enterprise Agreement
CONSULTATION TERM. (a) This clause term applies if the Company:;
(i) i. Has made a definite decision to introduce a major change to production, program, organisation, structure structure, or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or
(ii) . Proposes to introduce a change to the regular roster or ordinary hours of work of Employees. Major change.
(b) For a major change referred to in clause 43(a)(i):
(i) The Company must notify the relevant Employees of the decision to introduce the a major change; and
(iichange referred in 41(a)(i) Subclauses 43(cand clauses 41(c) to (i41(h) shall apply.
(c) The relevant Employees (at their cost) may appoint a representative for the purposes of consultation and provided the procedures in this clause.
(d) If:
(i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) the Employee or Employees advise the Company of the identity of the representative; , the Company must recognise the representative.
(ed) As soon as practicable after making its decision, the Company must:
(i) Discuss must discuss with the relevant Employees: ▪ the ;
i. The introduction of the change; and ▪ the ;
ii. The effect the change introduction is likely to have on the Employees; and ▪ measures ;
iii. Measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees; and
(iie) For As soon as practicable after making its decision, the Company must for the purposes of the discussion—provide, discussion provide in writing, writing to the relevant Employees: ▪ all relevant ;
i. All information about the change including the nature of the change proposed; and ▪ ;
ii. All information about the expected effects of the change on the Employees; and ▪ any and
iii. Any other matters likely to affect the Employees.
(f) HoweverEmployee. however, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(gf) The Company must give prompt and genuine consideration to matters raised about the major change by the relevant EmployeesEmployees referred to in clause 40 (a)(i).
(hg) If a clause term in this Agreement 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 clause 43(b)(iclauses 41(b), 41(c) and subclauses 43(c) and (e41(e) are taken not to apply.
(ih) In this term, a major change is likely to have a significant effect on Employees if it results in:;
(i) i. The termination of the employment of Employees; or;
(ii) . Major change to the composition, operation or size of the Company’s workforce or to the skills required of Employees; or;
(iii) . The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or;
(iv) . The alteration of hours of work; or;
(v) v. The need to retrain Employees; or;
(vi) . The need to relocate Employees to another workplace; or
(vii) . The restructuring of jobs; or.
(viii) Change to regular roster or ordinary hours of work
(j) For a change referred to in clause 43(a)(ii):
(i) The Company must notify the relevant Employees for the proposal to introduce a change to the regular roster or ordinary hours of the proposed change; and
(iiwork of Employees referred in 41(a)(ii) Subclauses 43(kand clauses 41(j) to (o41(m) shall apply.
(kj) The relevant Employees (at their cost) may appoint a representative for the purposes of consultation and provided the procedures in this clause.
(l) If:
(i) A relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) The Employee or Employees advise the Company of the identity of the representative; , the Company must recognise the representative.
(mk) As soon as practicable after proposing to introduce the change, the Company must:
(i) Discuss must discuss with the Relevant Employees the relevant Employees;
i. The introduction of the change;
ii. The effect the introduction is likely to have on the Employees;
iii. Measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees; and
(iil) For the purposes of the discussion—discussion the Company shall provide in writing to the Relevant relevant Employees: ▪ all relevant ;
i. All information about the change, change including the nature of the change; and ▪ change proposed;
ii. All information about what the Company reasonably believes will be the expected effects of the change on the Employees; and ▪ information about any and
iii. Any other matters that the Company reasonably believes are likely to affect the Employees; and
(iii) 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).
(n) HoweverEmployee. however, the Company is not required to disclose confidential or commercially sensitive information to the Relevant relevant Employees.
(om) Invite the relevant Employees to give their views about the impact of change including any impact in relation to their family or caring responsibilities.
n) The Company must give prompt and genuine consideration to matters raised about the change by the Relevant Employeesrelevant Employees referred to in clause 41 (a)(ii).
(p) In this clause:
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CONSULTATION TERM. Where there is an inconsistency between this consultation clause and/or other clauses and provisions prescribed in this Agreement and the Model Consultation Clause (refer Schedule 7); the Agreement shall take precedence to the extent of any inconsistency. Including the continuing operation of the term preliminary decision as stated in 2.11.1 below.
1) This term applies if:
(a) This clause applies if the Company:
(i) Has employer has made a definite preliminary decision to introduce a major change to production, program, organisation, structure structure, or technology in relation to its enterprise that enterprise; and
(b) the change is likely to have a significant effect on employees of the Employees; orenterprise.
(ii) Proposes to introduce a change to the regular roster or ordinary hours of work of Employees. Major change
(b) For a major change referred to in clause 43(a)(i):
(i2) The Company employer must notify the relevant Employees employees and unions covered by this agreement of the preliminary decision to introduce the major change; and
(ii) Subclauses 43(c) to (i) apply.
(c3) The relevant Employees employees may appoint a representative for the purposes of the procedures in this clauseterm.
(d4) If:
(ia) a relevant Employee employee appoints, or relevant Employees employees appoint, a representative for the purposes of consultation; and
(iib) the Employee employee or Employees employees advise the Company employer of the identity of the representative; the Company employer must recognise the representative.
(e5) As soon as practicable after making its preliminary decision, the Company employer must:
(a) discuss with the relevant employees and unions covered by this Agreement:
(i) Discuss with the relevant Employees: ▪ the introduction of the change; and ▪ and
(ii) the effect the change is likely to have on the Employeesemployees; and ▪ and
(iii) measures the Company employer is taking to avert or mitigate the adverse effect of the change on the Employeesemployees; and
(iib) For for the purposes of the discussion—discussion -- provide, in writing, to the relevant Employees: ▪ employees and unions covered by this agreement:
(i) all relevant information about the change including the nature of the change proposed; and ▪ and
(ii) information about the expected effects of the change on the Employeesemployees; and ▪ and
(iii) any other matters likely to affect the Employeesemployees.
(f6) However, the Company employer is not required to disclose confidential or commercially sensitive information to the relevant Employeesemployees and unions covered by this Agreement.
(g7) The Company employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employeesemployees and unions covered by this Agreement.
(h) 8) If a clause term in this Agreement the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Companyemployer, the requirements set out in clause 43(b)(isub clauses (2), (3) and subclauses 43(c) and (e) are taken not to apply.
(i) In this term, a major change is likely to have a significant effect on Employees if it results in:
(i) The termination of the employment of Employees; or
(ii) Major change to the composition, operation or size of the Company’s workforce or to the skills required of Employees; or
(iii) The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(iv) The alteration of hours of work; or
(v) The need to retrain Employees; or
(vi) The need to relocate Employees to another workplace; or
(vii) The restructuring of jobs; or
(viii) Change to regular roster or ordinary hours of work
(j) For a change referred to in clause 43(a)(ii):
(i) The Company must notify the relevant Employees of the proposed change; and
(ii) Subclauses 43(k) to (o) apply.
(k) The relevant Employees may appoint a representative for the purposes of the procedures in this clause.
(l) If:
(i) A relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(ii) The Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative.
(m) As soon as practicable after proposing to introduce the change, the Company must:
(i) Discuss with the Relevant Employees the introduction of the change; and
(ii) For the purposes of the discussion—provide to the Relevant Employees: ▪ all relevant information about the change, including the nature of the change; and ▪ information about what the Company reasonably believes will be the effects of the change on the Employees; and ▪ information about any other matters that the Company reasonably believes are likely to affect the Employees; and
(iii) 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).
(n) However, the Company is not required to disclose confidential or commercially sensitive information to the Relevant Employees.
(o) The Company must give prompt and genuine consideration to matters raised about the change by the Relevant Employees.
(p) In this clause:
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Samples: Enterprise Agreement