CONSULTATION & WORKPLACE CHANGE Clause Samples
The CONSULTATION & WORKPLACE CHANGE clause establishes the requirement for an employer to consult with employees or their representatives before implementing significant changes in the workplace. Typically, this involves notifying affected staff about proposed changes, such as restructures, redundancies, or alterations to work practices, and providing an opportunity for feedback or discussion. The core function of this clause is to ensure transparency and employee involvement in decision-making processes, thereby minimizing disputes and supporting fair management of workplace transitions.
CONSULTATION & WORKPLACE CHANGE. 11.1 Consultation about major workplace change
11.1.1 What is major workplace change?
(a) We have made a definite decision to introduce major changes in production, program, organisation, structure or technology; and
(b) that change is likely to have significant effects on team members.
11.1.2 Significant effects include:
(a) termination of employment;
(b) major changes in the composition, operation or size of our workforce or in the skills required;
(c) the elimination or diminution of job opportunities, promotion opportunities or job tenure;
(d) the alteration of hours of work;
(e) the need for retraining or transfer of team members to other work or locations; and
(f) the restructuring of jobs.
CONSULTATION & WORKPLACE CHANGE. 34
11.1 Consultation about major workplace change 34 11.2 Consultation about changes to your roster or hours of work 34
12.1 Freedom of Association and Noticeboards 36 12.2 SDA/AWU Union Delegates 36 12.3 SDA/AWU Union Delegate Training 36
CONSULTATION & WORKPLACE CHANGE. Model consultation term
2.4.1. 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
2.4.2. For a major change referred to in clause 2.4.1(a):
(a) the employer must notify the relevant employees of the decision to introduce the major change; and
(b) sub-clauses 2.4.3 to 2.4.9 apply.
2.4.3. The relevant employees may appoint a representative for the purposes of the procedures in this term.
2.4.4. 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 representative; the Employer must recognise the representative.
2.4.5. 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.
2.4.6. However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
2.4.7. The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
2.4.8. 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 clauses 2.4.3, 2.4.4 and 2.4.5 are taken not to apply.
2.4.9. 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 opport...
CONSULTATION & WORKPLACE CHANGE. (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.
(2) For a major change referred to in paragraph (1)(a):
(a) the employer must notify the relevant employees of the decision to introduce the major change; and
(b) subclauses (3) to (9) apply.
(3) The relevant employees may appoint a representative for the purposes of the procedures in this term.
(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.
(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.
(6) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
(7) The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
(8) If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply.
(9) In this 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 alter...
CONSULTATION & WORKPLACE CHANGE. 2.2.1 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
CONSULTATION & WORKPLACE CHANGE. Model Consultation Term