Common use of CONSULTATION TERM Clause in Contracts

CONSULTATION TERM. 18.1 This term applies if Qube: (a) is seriously considering 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 Employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of Employees. 18.2 For a major change referred to in paragraph 18.1(a): (a) Qube must notify the relevant Employees of the decision to introduce the major change; and (b) subclauses 18.3 to 18.9 apply. 18.3 The relevant Employees may appoint a representative for the purposes of the procedures in this term. 18.4 If: (a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise Qube of the identity of the representative; Xxxx must recognise the representative. 18.5 As soon as practicable after making its decision, Qube must: (a) discuss with the relevant Employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on Employees; and (iii) measures Qube is taking to avert or mitigate the adverse effect of the change on 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 Employees; and (iii) any other matters likely to affect Employees. 18.6 However, Qube is not required to disclose confidential or commercially sensitive information to the relevant Employees. 18.7 Qube must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. 18.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of Qube, the requirements set out in 18.2(a) and subclauses 18.3 and 18.5 are taken not to apply. 18.9 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 Qube’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. 18.10 For a change referred to in paragraph 18.1(b): (a) Qube must notify the relevant Employees of the proposed change; and (b) subclauses 18.11 to 18.15 apply. 18.11 The relevant Employees may appoint a representative for the purposes of the procedures in this term. 18.12 If: (a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise Qube of the identity of the representative; Xxxx must recognise the representative. 18.13 As soon as practicable after proposing to introduce the change, Qube 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 Qube reasonably believes will be the effects of the change on Employees; and (iii) information about any other matters that Qube reasonably believes are likely to affect 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). 18.14 However, Qube is not required to disclose confidential or commercially sensitive information to the relevant Employees. 18.15 Qube must give prompt and genuine consideration to matters raised about the change by the relevant Employees. 18.16 In this term:

Appears in 1 contract

Samples: Enterprise Agreement

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CONSULTATION TERM. 18.1 7.1 This term applies if Qubethe Employer: (a) is seriously considering 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. 18.2 7.2 For a major change referred to in paragraph 18.1(aclause 7.1(a): (a) Qube the Employer must notify the relevant Employees of the decision to introduce the major change; and (b) subclauses 18.3 clauses 7.3 to 18.9 7.9 apply. 18.3 7.3 The relevant Employees may appoint a representative for the purposes of the procedures in this term. 18.4 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 Qube the Employer of the identity of the representative; Xxxx representative - the Employer must recognise the representative. 18.5 7.5 As soon as practicable after making its decision, Qube the Employer must: (a) discuss with the relevant Employees: (i) i. the introduction of the change; and (ii) . the effect the change is likely to have on the Employees; and (iii) . measures Qube 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 – discussion—provide, in writing, to the relevant Employees: (i) 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. 18.6 7.6 However, Qube the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 18.7 Qube 7.7 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. 18.8 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 Qubethe Employer, the requirements set out in 18.2(aclause 7.2(a) and subclauses 18.3 clauses 7.3 and 18.5 7.5 are taken not to apply. 18.9 7.9 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 Qubethe 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. 18.10 7.10 For a change referred to in paragraph 18.1(bclause 7.1(b): (a) Qube the Employer must notify the relevant Employees of the proposed change; and (b) subclauses 18.11 clauses 7.11 to 18.15 7.15 apply. 18.11 7.11 The relevant Employees may appoint a representative for the purposes of the procedures in this term. 18.12 7.12 If: (a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise Qube the Employer of the identity of the representative; Xxxx the Employer must recognise the representative. 18.13 7.13 As soon as practicable after proposing to introduce the change, Qube the Employer must: (a) discuss with the relevant Employees the introduction of the change; and (b) for the purposes of the discussion – discussion—provide to the relevant Employees: (i) i. all relevant information about the change, including the nature of the change; and (ii) . information about what Qube the Employer reasonably believes will be the effects of the change on the Employees; and (iii) . information about any other matters that Qube 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). 18.14 7.14 However, Qube the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 18.15 Qube 7.15 The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees. 18.16 7.16 In this term:term relevant Employees means the Employees who may be affected by a change referred to in clause 7.1.

Appears in 1 contract

Samples: Enterprise Agreement

CONSULTATION TERM. 18.1 This term applies if Qube: (a) is seriously considering 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 Employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of Employees. 18.2 For a major change referred to in paragraph 18.1(a): (a) Qube must notify the relevant Employees of the decision to introduce the major change; and (b) subclauses 18.3 to 18.9 apply. 18.3 The relevant Employees may appoint a representative for the purposes of the procedures in this term. 18.4 If: (a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise Qube of the identity of the representative; Xxxx must recognise the representative. 18.5 As soon as practicable after making its decision, Qube must: (a) discuss with the relevant Employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on Employees; and (iii) measures Qube is taking to avert or mitigate the adverse effect of the change on 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 Employees; and (iii) any other matters likely to affect Employees. 18.6 However, Qube is not required to disclose confidential or commercially sensitive information to the relevant Employees. 18.7 Qube must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. 18.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of Qube, the requirements set out in 18.2(a) and subclauses 18.3 and 18.5 are taken not to apply. 18.9 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 Qube’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. 18.10 For a change referred to in paragraph 18.1(b): (a) Qube must notify the relevant Employees of the proposed change; and (b) subclauses 18.11 to 18.15 apply. 18.11 The relevant Employees may appoint a representative for the purposes of the procedures in this term. 18.12 If: (a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise Qube of the identity of the representative; Xxxx must recognise the representative. 18.13 As soon as practicable after proposing to introduce the change, Qube 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 Qube reasonably believes will be the effects of the change on Employees; and (iii) information about any other matters that Qube reasonably believes are likely to affect 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). 18.14 However, Qube is not required to disclose confidential or commercially sensitive information to the relevant Employees. 18.15 Qube must give prompt and genuine consideration to matters raised about the change by the relevant Employees. 18.16 In this term:

Appears in 1 contract

Samples: Enterprise Agreement

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CONSULTATION TERM. 18.1 ‌ 6.3.1. This term applies if Qubethe Company: (a) is seriously considering 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) b. proposes to introduce a change to the regular roster or ordinary hours of work of Employees.. Major change 18.2 6.3.2. For a major change referred to in paragraph 18.1(a):Clause 6.3.1. (a) Qube a. the Company must notify the relevant Employees of the decision to introduce the major change; and (b) b. subclauses 18.3 6.3.3 to 18.9 6.3.9 apply. 18.3 6.3.3. The relevant Employees may appoint a representative for the purposes of the procedures in this term. 18.4 6.3.4. If: (a) a. a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (b) b. the Employee or Employees advise Qube the Company of the identity of the representative; Xxxx The Company must recognise the representative. 18.5 6.3.5. As soon as practicable after making its decision, Qube the Company must: (a) 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 Qube the Company is taking to avert or mitigate the adverse effect of the change on the Employees; and (b) b. for the purposes of the discussion – 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. 18.6 6.3.6. However, Qube the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees. 18.7 Qube 6.3.7. The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. 18.8 6.3.8. 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 Qubethe Company, the requirements set out in 18.2(a) Clause 6.3.2 a. and subclauses 18.3 Clause 6.3.3 and 18.5 Clause 6.3.5 are taken not to apply. 18.9 6.3.9. In this term, a major change is likely to have a significant effect on Employees if it results in: (a) a. the termination of the employment of Employees; or (b) b. major change to the composition, operation or size of Qube’s the Company workforce or to the skills required of Employees; or (c) c. the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) d. the alteration of hours of work; or (e) e. the need to retrain Employees; or (f) f. the need to relocate Employees to another workplace; or (g) g. the restructuring of jobs.role/s. Change to regular roster or ordinary hours of work 18.10 6.3.10. For a change referred to in paragraph 18.1(b):Clause 6.3.1 b. (a) Qube a. the Company must notify the relevant Employees of the proposed change; and (b) subclauses 18.11 b. Clauses 6.3.11 to 18.15 6.3.15 apply. 18.11 6.3.11. The relevant Employees may appoint a representative for the purposes of the procedures in this term. 18.12 6.3.12. If: (a) a. a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (b) b. the Employee or Employees advise Qube affected and their representatives, if any, about the proposed change.advise the Company of the identity of the representative; Xxxx the Company must recognise the representative. 18.13 6.3.13. As soon as practicable after proposing to introduce the change, Qube the Company must: (a) a. discuss with the relevant Employees the introduction of the change; and (b) b. for the purposes of the discussion – discussion--provide to the relevant Employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what Qube the Company reasonably believes will be the effects of the change on the Employees; and (iii) information about any other matters that Qube the Company reasonably believes are likely to affect the Employees; and (c) 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). 18.14 6.3.14. However, Qube the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees. 18.15 Qube 6.3.15. The Company must give prompt and genuine consideration to matters raised about the change by the relevant Employees. 18.16 In this term:6.3.16. Once a final decision has been made by the Company, it will promptly notify the Employees and their nominated representatives of the decision in writing, and explain the effects of the decision.

Appears in 1 contract

Samples: Commercial Agreement

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