Common use of CONSULTATION TERM Clause in Contracts

CONSULTATION TERM. 49.1 This term applies if the employer: (a) 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 (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. 49.2 For a major change referred to in paragraph 49.1(a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses 49.3 to 49.9 apply. 49.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 49.4 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 49.5 As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion--provide, in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 49.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 49.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 49.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph 49.2(a) and subclauses 49.3 and 49.5 are taken not to apply. 49.9 In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. 49.10 For a change referred to in paragraph 49.1(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses 49.11 to 49.15 apply. 49.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 49.12 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. 49.13 As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion--provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).

CONSULTATION TERM. 49.1 7.1 This term applies if the employer: (a) has made or is contemplating to make 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 (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. 49.2 7.2 For a major change referred to in paragraph 49.1(a7.1(a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses 49.3 7.3 to 49.9 7.9 apply. 49.3 7.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 49.4 7.4 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 49.5 7.5 As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion--—provide, in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 49.6 7.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 49.7 7.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 49.8 7.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph 49.2(a7.2(a) and subclauses 49.3 and 49.5 are taken not to apply. 49.9 In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. 49.10 For a change referred to in paragraph 49.1(b): (a) the employer must notify the relevant employees of the proposed change; 7.3 and (b) subclauses 49.11 to 49.15 apply. 49.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 49.12 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. 49.13 As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion--provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).

CONSULTATION TERM. 49.1 1.9.1 This term applies if the employerCompany: (a) 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 employeesEmployees; or (b) proposes Proposes to introduce a change to the regular roster or ordinary hours of work of employeesEmployees. 49.2 1.9.2 For a major change referred to in paragraph 49.1(a):subclause 1.9.1: (a) the employer The Company must notify the relevant employees Employees of the decision to introduce the major change; and (b) subclauses 49.3 Subclause 1.9.3 to 49.9 1.9.9 apply. 49.3 1.9.3 The relevant employees Employees may appoint a representative for the purposes of the procedures in this term. 49.4 . If: (a) A relevant Employee(s) appoints a relevant employee appoints, or relevant employees appoint, a representative Representative for the purposes of consultation; and (b) the employee or employees The Employee(s) advise the employer Company of the identity of the representativeRepresentative; the employer Company must recognise the representativeRepresentative. 49.5 1.9.4 As soon as practicable after making its decision, the employer Company must: (a) discuss Discuss with the relevant employeesEmployees: (i) the i. The introduction of the change; and (ii) the . The effect the change is likely to have on the employeesEmployees; and (iii) measures . Measures the employer Company is taking to avert or mitigate the adverse effect of the change on the employeesEmployees; and (b) for For the purposes purpose of the discussion--discussion – provide, in writing, to the relevant employeesEmployees: (i) all i. All relevant information about the change including the nature of the change proposed; and (ii) information . Information about the expected effects of the change on the employeesEmployees; and (iii) any . Any other relevant matters likely to affect the employeesEmployees. 49.6 1.9.5 However, the employer Company is not required to disclose confidential or commercially sensitive information to the relevant employeesEmployees. 49.7 1.9.6 The employer Company must give prompt and genuine consideration to matters raised about the major change by the relevant employeesEmployees. 49.8 1.9.7 If a term in this agreement Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employerCompany, the requirements set out in paragraph 49.2(a1.9.2(a) and subclauses 49.3 1.9.3 and 49.5 1.9.5 are taken not to apply. 49.9 1.9.8 In this term, 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 employeesEmployees; or (b) major Major change to the composition, operation or size of the employer's Company’s workforce or to the skills required of employeesEmployees; or (c) the The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the The alteration of hours of work; or (e) the The need to retrain employeesEmployees; or (f) the The need to relocate employees re-locate Employees to another workplace; or (g) the The restructuring of jobs. 49.10 1.9.9 For a change referred to in paragraph 49.1(bsubclause 1.9.1(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses 49.11 to 49.15 apply. 49.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 49.12 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. 49.13 As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion--provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).

CONSULTATION TERM. 49.1 Model consultation term (1) This term applies if the employer: (a) 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 (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees.. Major change 49.2 (2) For a major change referred to in paragraph 49.1(a(1)(a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses 49.3 sub clauses (3) to 49.9 (9) apply. 49.3 (3) The relevant employees may appoint a representative for the purposes of the procedures in this term. 49.4 (4) If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the their representative; and (c) the employer must recognise the representative. 49.5 (5) As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion--provide, in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 49.6 (6) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 49.7 (7) The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 49.8 (8) If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph 49.2(a(2)(a) and subclauses 49.3 sub clauses (3) and 49.5 (5) are taken not to apply. 49.9 (9) In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs.. Change to regular roster or ordinary hours of work 49.10 (10) For a change referred to in paragraph 49.1(b(1)(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses 49.11 sub clauses (11) to 49.15 (15) apply. 49.11 (11) The relevant employees may appoint a representative for the purposes of the procedures in this term. 49.12 (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; and (c) the employer must recognise the representative. 49.13 (13) As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion--provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). (14) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees (15) The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. (16) In this term:

CONSULTATION TERM. 49.1 (a) This term applies if the employer: (ai) 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 (bii) proposes to introduce a change to the regular roster or ordinary hours of work of employees. 49.2 (b) For a major change referred to in paragraph 49.1(aclause 10(a)(i): (ai) the employer must notify the relevant employees of the decision to introduce the major change; and (bii) subclauses 49.3 10(c) to 49.9 apply10(i)apply. 49.3 (c) The relevant employees may appoint a representative for the purposes of the procedures in this term. 49.4 (d) If: (ai) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (bii) the employee or employees advise the employer of the identity of the representative; , the employer must recognise the representative. 49.5 (e) As soon as practicable after making its decision, the employer must: (ai) discuss with the relevant employees: (i) A. the introduction of the change; and (ii) B. the effect the change is likely to have on the employees; and (iii) C. measures the employer company is taking to avert or mitigate the adverse effect of the change on the employees; and (bii) for the purposes of the discussion---provide, in writing, to the relevant employees: (i) A. all relevant information about the change including the nature of the change proposed; and (ii) B. information about the expected effects of the change on the employees; and (iii) C. any other matters likely to affect the employees. 49.6 (f) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 49.7 (g) The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 49.8 (h) If a term in this agreement Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph 49.2(aclauses 10(b)(i), 10(c) and subclauses 49.3 and 49.5 10(e) are taken not to apply. 49.9 (i) In this term, a major change is likely to have a significant effect on employees if it results in: (ai) the termination of the employment of employees; or (bii) major change to the composition, operation or size of the employer's ’s workforce or to the skills required of employees; or (ciii) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (div) the alteration of hours of work; or (ev) the need to retrain employees; or (fvi) the need to relocate employees to another workplace; or or (gvii) the restructuring of jobs. 49.10 (j) For a change referred to in paragraph 49.1(bclause 10(a)(ii): (ai) the employer company must notify the relevant employees of the proposed change; and and (bii) subclauses 49.11 10(k) to 49.15 10(o) apply. 49.11 (k) The relevant employees may appoint a representative for the purposes of the procedures in this term. 49.12 (l) If: (ai) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (bii) the employee or employees advise the employer company of the identity of the representative; the employer must recognise the representative. 49.13 (m) As soon as practicable after proposing to introduce the change, the employer must: : (ai) discuss with the relevant employees the introduction of the change; and and (bii) for the purposes of the discussion---provide to the relevant employees: (i) A. all relevant information about the change, including the nature of the change; and (ii) B. information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) C. information about any other matters that the employer reasonably believes are likely to affect the employees; and (ciii) 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 employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (o) The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. (p) In this term:

CONSULTATION TERM. 49.1 40.1. This term applies if the employer: (a) 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 (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. 49.2 40.2. Major change 40.2.1. For a major change referred to in paragraph 49.1(aclause 40.1 (a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses 49.3 clauses 40.2.2 to 49.9 40.2.7 apply. 49.3 40.2.2. The relevant employees may appoint a representative for the purposes of the procedures in this term. 49.4 . If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 49.5 40.2.3. As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion--—provide, in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 49.6 40.2.4. However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 49.7 40.2.5. The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 49.8 40.2.6. If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph 49.2(aclause 40.2.1 (a) and subclauses 49.3 clauses 40.2.2 and 49.5 40.2.3 are taken not to apply. 49.9 40.2.7. In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer's ’s workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. 49.10 40.3. Change to regular roster or ordinary hours of work 40.3.1. For a change referred to in paragraph 49.1(b):40.1 (b) (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses 49.11 clauses 40.3.2 to 49.15 40.3.5 apply. 49.11 40.3.2. The relevant employees may appoint a representative for the purposes of the procedures in this term.. If 49.12 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. 49.13 40.3.3. As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion--—provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 40.3.4. However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 40.3.5. The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 40.3.6. In this term: relevant employees means the employees who may be affected by a change referred to in clause 40.1.

CONSULTATION TERM. 49.1 11.1. This term applies if the employer: (a) 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 (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. 49.2 11.2. For a major change referred to in paragraph 49.1(aclause 11.1 (a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses 49.3 clauses 11.3 to 49.9 11.9 apply. 49.3 11.3. The relevant employees may appoint a representative for the purposes of the procedures in this term. 49.4 11.4. If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 49.5 11.5. As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion--—provide, in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 49.6 11.6. However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 49.7 11.7. The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 49.8 11.8. If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph 49.2(aclause 11.2(a) and subclauses 49.3 clauses 11.3 and 49.5 11.5 are taken not to apply. 49.9 11.9. In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer's ’s workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. 49.10 11.10. For a change referred to in paragraph 49.1(bclause 11.1(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses 49.11 clauses 11.11 to 49.15 11.15 apply. 49.11 11.11. The relevant employees may appoint a representative for the purposes of the procedures in this term. 49.12 11.12. 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. 49.13 11.13. As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion--—provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 11.14. However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 11.15. The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 11.16. In this term: