Discussions Before Terminations. 13.1.1 Where the Employer has made a definite decision that the Employer no longer wishes the job an employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the Employer shall hold discussions with the employees directly affected and at the employees’ request, their representative. 13.1.2 The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions of paragraph 13.1.1 and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned. 13.1.3 For the purposes of the discussion the Employer shall, as soon as practicable, provide in writing to the employees concerned and 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 that the Employer shall not be required to disclose confidential information the disclosure of which would be inimical to the Employer's interests.
Appears in 1 contract
Sources: Enterprise Agreement
Discussions Before Terminations. 13.1.1 (a) Where the Employer Kmart has made a definite decision that the Employer it no longer wishes the job an employee the team member has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the Employer Kmart shall hold discussions with the employees team members directly affected and at with the employees’ request, their representativeUnion.
13.1.2 (b) The discussions shall take place as soon as is practicable after the Employer Kmart has made a definite decision which will invoke the provisions provision of paragraph 13.1.1 sub-clause (a) hereof and shall cover, inter alia, any reasons for the proposed terminations, terminations measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees team members concerned.
13.1.3 (c) For the purposes of the discussion the Employer Kmart shall, as soon as practicable, provide in writing to the employees team members concerned and their representative(s) the union, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees team members 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 the Employer Kmart shall not be required to disclose confidential information the disclosure of which would be inimical to the Employer's Kmart’s interests.
Appears in 1 contract
Sources: Kmart Australia LTD Agreement 2012
Discussions Before Terminations. 13.1.1 (a) Where the Employer Company has made a definite decision that the Employer it no longer wishes the job an the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the Employer Company shall hold discussions with the employees directly affected and at with the employees’ request, their representativeUnion.
13.1.2 (b) The discussions shall take place as soon as is practicable after the Employer Company has made a definite decision which will invoke the provisions provision of paragraph 13.1.1 sub clause 2.14.1 (a) and shall cover, inter aliaamongst other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.
13.1.3 (c) For the purposes of the discussion the Employer Company shall, as soon as practicable, provide in writing to the employees concerned and their representative(s) 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 that the Employer Company shall not be required to disclose confidential information the disclosure of which would adversely affect the Company.
(d) Nothing in this clause is to be inimical construed as permitting the Company to disclose information to any trade union contrary to the Employer's interestsFair Work Regulations.
Appears in 1 contract
Discussions Before Terminations. 13.1.1 (a) Where the Employer an employer has made a definite decision that the Employer employer no longer wishes the job an the employee has been doing to be done by anyone anyone, and this is not due to the ordinary and customary turnover of labour labour, and that decision may lead to termination of employment, the Employer employer shall hold discussions with the employees directly affected and, where relevant and at the employees’ requestrequested, their representativeUnion.
13.1.2 (b) The discussions shall take place as soon as it is practicable after the Employer employer has made a definite decision which will invoke the provisions of paragraph 13.1.1 clause 4.9.1, and shall cover, inter alia, any the reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to avert or mitigate any the adverse effects of any terminations on of the employees concerned.
13.1.3 (c) For the purposes purpose of the such discussion the Employer employer shall, as soon as practicable, provide in writing to the employees concerned and where requested their representative(s(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 that the Employer an employer shall not be required to disclose confidential information information, the disclosure of which would be inimical to the Employeremployer's interests.
Appears in 1 contract
Sources: Union Collective Agreement
Discussions Before Terminations. 13.1.1 i. Where the Employer employer has made a definite decision that the Employer employer no longer wishes 15 or more employees to do the job an employee has they have been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the Employer employer shall hold discussions with the employees directly affected and at with the employees’ request, their representativeUnion.
13.1.2 ii. The discussions shall take place as soon as is practicable after the Employer employer has made a definite decision which will invoke the provisions provision of paragraph 13.1.1 sub-clause (i) hereof and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.
13.1.3 iii. For the purposes of the discussion the Employer employer shall, as soon as practicable, provide in writing to the employees concerned and their representative(s) 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 that the Employer any employer shall not be required to disclose confidential information the disclosure of which would be inimical detrimental to the Employeremployer's interests. Provided that no information about individual employees is to be provided to the Union or any representative of the Union unless consented to by the employee or required or authorised by law.
Appears in 1 contract
Sources: Enterprise Agreement
Discussions Before Terminations. 13.1.1 (a) Where the Employer has made a definite decision that the Employer they no longer wishes wish the job an employee Employee or Employees has or have been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision decisions may lead to the termination of employment, the Employer shall hold discussions with the employees Employee or Employees directly affected and at the employees’ request, their representativeworkplace representatives.
13.1.2 (b) The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions of paragraph 13.1.1 subclause 42.2(a) and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations termination on the employees Employee or Employees concerned.
13.1.3 (c) For the purposes purpose of the discussion the Employer shall, as soon as practicable, provide in writing to the employees Employees concerned and their representative(s) if requested by the Employee, any nominated Employee representative which may be a union representative, 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 the The Employer shall not be required to disclose confidential information the disclosure of which would be inimical to the Employer's interestsadversely affect them.
Appears in 1 contract
Sources: Enterprise Agreement
Discussions Before Terminations. 13.1.1 a Where the Employer Company has made a definite decision that the Employer Company no longer wishes the job an the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the Employer Company shall hold discussions with the employees directly affected and at with the employees’ request, their representative.
13.1.2 Relevant Union. b The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions of paragraph 13.1.1 and shall cover, inter alia, any amongst other matters the reasons for the proposed terminationsterminations are required, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.
13.1.3 . c For the purposes of the discussion the Employer Company shall, as soon as practicable, provide in writing to the employees concerned and their representative(s) the 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. Provided that the Employer Company shall not be required to disclose confidential information if the disclosure of which would be inimical detrimental to the EmployerCompany's interests. d Nothing in this clause is to be construed as permitting the Company to disclose information to a Relevant Union, or a member acting in a representative capacity, officer, or employee of a Relevant Union, contrary to the Workplace Relations Regulations.
Appears in 1 contract
Discussions Before Terminations. 13.1.1 28.1.1 Where the Employer Company has made a definite decision that the Employer Company no longer wishes employees to do the job an employee has they have been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the Employer Company shall hold discussions with the employees directly affected and at with the employees’ request, their representativeUnion.
13.1.2 28.1.2 The discussions shall take place as soon as is practicable after the Employer Company has made a definite decision which will invoke the provisions provision of paragraph 13.1.1 subclause 28.1.1 hereof and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.
13.1.3 28.1.3 For the purposes of the discussion the Employer Company shall, as soon as practicable, provide in writing to the employees concerned and their representative(s) 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 that the Employer Company shall not be required to disclose confidential information the disclosure of which would be inimical detrimental to the Employer's Company’s interests. Provided that no information about individual employees is to be provided to the Union or any representative of the Union contrary to the Act and its Regulations, unless consented to by the employee or required or authorised by law.
Appears in 1 contract
Sources: Enterprise Agreement
Discussions Before Terminations. 13.1.1 31.2.1 Where the Employer Company has made a definite decision that the Employer Company no longer wishes the job an the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the Employer Company shall hold discussions with the employees directly affected and at with their Union should the employees’ request, their representative.employee(s) choose to be represented by the Union..
13.1.2 31.2.2 The discussions shall take place as soon as is practicable after the Employer has made a definite decision which will invoke the provisions of paragraph 13.1.1 and shall cover, inter alia, any amongst other matters the reasons for the proposed terminationsterminations are required, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.
13.1.3 31.2.3 For the purposes of the discussion the Employer Company shall, as soon as practicable, provide in writing to the employees concerned and their representative(sthe Union, should the employee(s) choose to be represented by 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. .
31.2.4 Provided that the Employer Company shall not be required to disclose confidential information information, the disclosure of which would be inimical detrimental to the EmployerCompany's interests. Provided further that no information about individual employees is to be provided to the Union or any representative of the Union contrary to the Workplace Relations Regulations, unless consented to by the employee or required or authorised by law.
Appears in 1 contract
Sources: Collective Agreement