Common use of Discussions Before Terminations Clause in Contracts

Discussions Before Terminations. (1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to sub- paragraph (1) of paragraph (a) of sub-clause (ii) above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong. (2) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (1) of this sub-clause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimize the terminations and measures to mitigate any adverse effects of any termination on the employees concerned. (3) For the purposes of the discussion, the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

Appears in 1 contract

Samples: Enterprise Agreement

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Discussions Before Terminations. (1a) Where an employer the Employer has made a definite decision that the employer Employer no longer wishes the job the an employee has been doing to be done by anyone pursuant and this is not due to sub- paragraph (1) the ordinary and customary turnover of paragraph (a) of sub-clause (ii) abovelabour, and that decision may lead to the termination of employment, the employer Employer shall hold discussions with the employees directly affected and with the union to which they belongwhere relevant, an employee’s nominated representative. (2b) The discussions shall take place as soon as is practicable after the employer Employer has made a definite decision which will invoke the provision provisions of subparagraph (1) of this sub-clause 11.9(a), and shall cover, inter alia, any cover the reasons for the proposed terminations, measures to avoid or minimize minimise the terminations and measures to mitigate alleviate any adverse effects of any termination terminations on the employees concerned. (3c) For the purposes of the discussion, discussion the employer Employer shall, as soon as practicable, provide in writing to the employees concerned concerned, and the union to which they belongwhere relevant their nominated representative, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided any employer that the Employer shall not be required to disclose confidential information the disclosure of which would adversely affect be detrimental to the employerEmployer's interests.

Appears in 1 contract

Samples: Employee Collective Agreement

Discussions Before Terminations. (1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to sub- paragraph subparagraph (1) of paragraph (a) of sub-clause subclause (ii) above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong. (2) The discussions shall take place as soon as is practicable after the employer has had made a definite decision which will invoke the provision of subparagraph subparagraph (1) of this sub-clause subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimize minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned. (3) For the purposes of the discussion, the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Terminations. (1) Where an employer the organisation has made a definite decision that the employer organisation no longer wishes the job the employee has been doing done by anyone pursuant to sub- paragraph subparagraph (1) of paragraph (a) of sub-clause subclause (iii) above, and that decision may lead to the termination of employment, the employer organisation shall hold discussions with the employees directly affected and with the union to which they belong. (2) The discussions shall take place as soon as is practicable after the employer organisation has made a definite decision which will invoke the provision of subparagraph subparagraph (1) of this sub-clause subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimize minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned. (3) For the purposes of the discussion, discussion the employer organisation shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided any employer that the organisation shall not be required to disclose confidential information the disclosure of which would adversely affect the employerorganisation.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Terminations. (1) 31.4.1 Where an employer the emp xxxxx has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone anyone, pursuant to sub- paragraph (1) of paragraph (a) of sub-clause (ii) above33.2.1 of this Agreement, and that decision may lead to the termination of employment, the employer shall will hold discussions with the employees directly affected and with the union to which they belong. (2) 31.4.2 The discussions shall will take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (1) paragraph 33.4.1 of this sub-clause and shall will cover, inter aliaamong other things, any reasons for the proposed terminations, measures to avoid or minimize minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned. (3) 31.4.3 For the purposes purpose of the discussion, discussion the employer shallwill, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers employees normally employed and the period over which the terminations are likely to be carried out. Provided any that the employer shall will not be required to disclose confidential information the disclosure of which would adversely affect the employer.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Terminations. (1i) Where an employer EAA has made a definite decision that the employer it no longer wishes the job the employee Employee has been doing done by anyone pursuant anyone, and this is not due to sub- paragraph (1) the ordinary and customary turnover of paragraph (a) of sub-clause (ii) abovelabour, and that decision may lead to the termination of employment, the employer EAA shall hold discussions with the employees Employees directly affected and and, where an employee requests, with the union to which they belongrelevant union. (2ii) The discussions shall take place as soon as is practicable after the employer EAA has made a definite decision which will invoke the provision of subparagraph (1Clause 27(c)(i) of this sub-clause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimize minimise the terminations and measures to mitigate any adverse effects of any termination terminations on the employees Employees concerned. (3iii) For the purposes of the discussion, the employer discussion EAA shall, as soon as practicable, provide to the employees Employees concerned and where an employee requests, the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees Employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided any employer However EAA shall not be required to disclose confidential information the disclosure of which would adversely affect the employerbe inimical to EAA's interests.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Terminations. (1) 17.1.1 Where an employer BIC has made a definite decision that the employer it no longer wishes the job the employee has been doing to be done by anyone pursuant and this is not due to sub- paragraph (1) the ordinary and customary turnover of paragraph (a) of sub-clause (ii) above, labour and that decision may lead to the termination of employment, the employer shall BIC will hold discussions with the employees directly affected and with where the union to which they belongemployee requests, the employee representative who may include the union. (2) 17.1.2 The discussions shall will take place as soon as is practicable after the employer BIC has made a definite decision which will invoke the provision provisions of subparagraph (1) of this sub-sub clause 17.1.1. hereof and shall will cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimize minimise the terminations and measures to mitigate any adverse effects of any termination terminations on the employees concerned. (3) 17.1.3 For the purposes of the discussion, the employer shalldiscussion BIC will, as soon as practicable, provide in writing to the employees concerned and where the union to which they belongemployee requests, the employee representative who may include the union, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided any employer shall that BIC will not be required to disclose confidential information the disclosure of which would adversely affect the employerbe inimical to BIC’s interests.

Appears in 1 contract

Samples: Workplace Agreement

Discussions Before Terminations. (1) Where 24.1.1 Where, an employer has made makes a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant and this not due to sub- paragraph (1) the ordinary and customary turnover of paragraph (a) of sub-clause (ii) above, labour and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and and, if requested by them, with the union to which they belongUnion. (2) 24.1.2 The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision provisions of subparagraph (1) of this sub-clause 24.1.1 above and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimize minimise the terminations and measures to mitigate any adverse effects of any termination terminations on the employees concerned. (3) 24.1.3 For the purposes of the discussion, discussion the employer shall, as soon as is practicable, provide in writing to the employees concerned and and, if requested by them, the union to which they belongUnion, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided any that an employer shall not be required to disclose confidential information the disclosure of which would adversely affect be inimical to the employer's interests.

Appears in 1 contract

Samples: Health Services Union Australian Red Cross Blood Service Medical Scientists Collective Agreement 2008 2011

Discussions Before Terminations. (1a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant anyone, and this is not due to sub- paragraph (1) the ordinary and customary turnover of paragraph (a) of sub-clause (ii) abovelabour, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and, where relevant and with the union to which they belongrequested, their Union. (2b) The discussions shall take place as soon as it is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (1) of this sub-clause 4.9.1, and shall cover, inter alia, any the reasons for the proposed terminations, measures to avoid or minimize minimise the terminations and measures to avert or mitigate any the adverse effects of any termination on terminations of the employees concerned. (3c) For the purposes purpose of the discussion, such discussion the employer shall, as soon as practicable, provide in writing to the employees concerned and the union to which they belongwhere requested their (relevant) Union, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. . (d) Provided any that an employer shall not be required to disclose confidential information information, the disclosure of which would adversely affect be inimical to the employer's interests.

Appears in 1 contract

Samples: Union Collective Agreement

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Discussions Before Terminations. (1) 14.1.1 Where an employer the Employer has made a definite decision that the employer Employer no longer wishes the job the employee an Employee has been doing to be done by anyone pursuant and this is not due to sub- paragraph (1) the ordinary and customary turnover of paragraph (a) of sub-clause (ii) above, labour and that decision may lead to the termination of employment, the employer shall Employer will hold discussions with the employees Employees directly affected and with the union to which they belongrelevant employee representative(s). (2) The 14.1.2 These discussions shall will take place as soon as is practicable after the employer Employer has made a definite decision which will invoke the provision of subparagraph (1) clause 14.1.1 of this sub-clause Agreement and shall will cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimize minimise the terminations and measures to mitigate any adverse effects of any termination terminations on the employees Employees concerned. (3) 14.1.3 For the purposes of the discussion, discussion the employer shallEmployer will, as soon as practicable, provide in writing to the employees Employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees Employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided any employer shall ; provided that the Employer will not be required to disclose confidential information the disclosure of which would adversely affect be inimical to the employerCompany's interests.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Terminations. (1) 13.1.1 Where an employer the Employer has made a definite decision that the employer Employer no longer wishes the job the an employee has been doing done by anyone pursuant and this is not due to sub- paragraph (1) the ordinary and customary turnover of paragraph (a) of sub-clause (ii) above, labour and that decision may lead to the termination of employment, the employer Employer shall hold discussions with the employees directly affected and with at the union to which they belongemployees’ request, their representative. (2) 13.1.2 The discussions shall take place as soon as is practicable after the employer Employer has made a definite decision which will invoke the provision provisions of subparagraph (1) of this sub-clause paragraph 13.1.1 and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimize minimise the terminations and measures to mitigate any adverse effects of any termination terminations on the employees concerned. (3) 13.1.3 For the purposes of the discussion, discussion the employer Employer shall, as soon as practicable, provide in writing to the employees concerned and the union to which they belong, their representative(s) all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided any employer that the Employer shall not be required to disclose confidential information the disclosure of which would adversely affect be inimical to the employerEmployer's interests.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Terminations. (1) 31.3.1.1 Where an employer the Employer has made a definite decision that the employer Employer no longer wishes the job the employee Employee has been doing doing, done by anyone pursuant to sub- paragraph (1) of paragraph (a) of sub-clause (ii) above, paragraph 31.2.1.1 and that decision may lead to the termination of employment, the employer Employer shall hold discussions with the employees Employees directly affected and with the union to which they belong. (2) 31.3.1.2 The discussions shall take place as soon as is practicable after the employer Employer has made a definite decision which will invoke the provision of subparagraphparagraph 31. (1) 3.1.1 of this sub-clause subclause and shall cover, inter alia, any reasons for the proposed terminations, terminations and measures to avoid or minimize minimise the terminations and measures to mitigate any adverse effects of any termination on of the employees Employees concerned. (3) 31.3.1.3 For the purposes purpose of the discussion, discussion the employer Employer shall, as soon as practicable, provide to the employees Employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees Employees likely to be affected, and the number of workers Employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer Employer shall not be required to disclose confidential information information, the disclosure of which would adversely affect the employerEmployer.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Terminations. (1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone anyone, pursuant to sub- paragraph (1) of paragraph (a) of sub-clause subclause (ii) above), Introduction of Change, of this clause, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong. (2) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph subparagraph (1) of this sub-clause paragraph and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimize minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned. (3) For the purposes of the discussion, discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, belong all relevant information about the proposed terminations terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information information, the disclosure of which would adversely affect the employer.

Appears in 1 contract

Samples: Enterprise Agreement

Discussions Before Terminations. (1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to sub- paragraph subparagraph (1) of paragraph (a) of sub-clause subclause (ii) above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong. (2) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph subparagraph (1) of this sub-clause subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimize minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned. (3) For the purposes of the discussion, the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

Appears in 1 contract

Samples: Enterprise Agreement

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