Common use of Introduction of Change Clause in Contracts

Introduction of Change. ‌ 36.1 Notification of Intended Changes (a) Where HCL has made a definite decision to implement changes in production, program, organisation, structure or technology that are likely to have significant effects on Employees, HCL shall as soon as practicable notify the Employees who may be affected by the proposed changes and their Union. (b) Significant Effects, include termination of employment; major changes in the composition, operation or size of HCL's workforce or in the skills required; the elimination or diminution of job tenure; alteration of hours of work, the need for retraining or transfer of Employees to other work or locations and the restructuring of jobs. Provided that where the Agreement enables variation of any of the matters referred to herein an alteration shall be deemed not to have significant effect. 36.2 Consultation with Employees and their Union (a) HCL shall discuss with the Employees affected and their Union, among other things, the introduction of the changes referred to in sub-clause 36.1, the effects the changes are likely to have on Employees, measures to avert or mitigate the adverse effects of such changes on Employees and shall give prompt consideration to matters raised by the Employees and/or their Union in relation to the changes. (b) The discussions shall commence as early as practicable after a definite decision has been made by HCL to make the changes referred to in sub- clause 36.1. (c) For the purposes of such discussion, HCL shall provide in writing to the Employees concerned and their Union, all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on Employees and any other matters likely to affect Employees provided that HCL shall not be required to disclose confidential information disclosure of which, which looked at objectively, would be against HCL's interests. 36.3 Consultation about changes to rosters or hours of work (a) Where HCL proposes to change an Employee’s regular roster or ordinary hours of work, HCL must consult with the Employee or Employees affected and the Union if the Employee requests about the proposed change.

Introduction of Change. ‌ 36.1 Notification of Intended Changes35.2.1 Employer’s duty to notify (a) Where HCL an Employer has made a definite decision to implement introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Employees, HCL the Employer shall as soon as practicable notify the Employees who may be affected by the proposed changes and their Unionthe union to which they belong. (b) ‘Significant Effects, effects’ include termination of employment; , major changes in the composition, operation or size of HCL's the Employer’s workforce or in the skills required; , the elimination or diminution of job opportunities, promotion opportunities or job tenure; , the alteration of hours of work, the need for retraining or transfer of Employees to other work or locations and the restructuring of jobs. Provided that where the Agreement enables variation makes provision for alteration of any of the matters referred to herein herein, an alteration shall be deemed not to have significant effect. 36.2 Consultation with Employees and their Union35.2.2 Employer’s duty to discuss change (a) HCL The Employer shall discuss with the Employees affected and their Unionthe union to which they belong, among other thingsinter alia, the introduction of the changes referred to in sub-clause 36.1paragraph 35.2.1 above, the effects the changes are likely to have on Employees, Employees and measures to avert or mitigate the adverse effects of such changes on Employees Employees, and shall give prompt consideration to matters raised by the Employees and/or their Union the union in relation to the changes. (b) The discussions discussion shall commence as early as practicable after a definite decision has been made by HCL the Employer to make the changes referred to in sub- clause 36.1paragraph 35.2.1 of this subclause. (c) For the purposes purpose of such discussion, HCL the Employer shall provide in writing to the Employees concerned and their Union, the union to which they belong all relevant information about the changes including the nature of the changes proposed; , the expected effects of the changes on Employees and any other matters likely to affect Employees provided that HCL any Employer shall not be required to disclose confidential information the disclosure of which, which looked at objectively, would be against HCL's interestsadversely affect the Employer. 36.3 Consultation about changes to rosters or hours of work (a) Where HCL proposes to change an Employee’s regular roster or ordinary hours of work, HCL must consult with the Employee or Employees affected and the Union if the Employee requests about the proposed change.

Introduction of Change. ‌ 36.1 Notification of Intended Changes (a) Employer’s duty to notify (1) Where HCL the Employer has made a definite decision to implement introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Employees, HCL the Employer shall as soon as practicable notify the Employees who may be affected by the proposed changes and their Unionthe union to which they belong. (b2) ‘Significant Effects, effects’ include termination of employment; , major changes in the composition, operation or size of HCL's the Employer’s workforce or in the skills required; , the elimination or diminution of job opportunities, promotion opportunities or job tenure; , the alteration of hours of work, the need for retraining or transfer of Employees to other work or locations and the restructuring of jobs. Provided that where the Agreement enables variation agreement makes provision for alteration of any of the matters referred to herein herein, an alteration shall be deemed not to have significant effect. 36.2 Consultation with Employees and their Union(b) Employer’s duty to discuss change (a1) HCL The Employer shall discuss with the Employees affected and their Unionthe union to which they belong, among other thingsinter alia, the introduction of the changes referred to in sub-clause 36.1paragraph (a) above, the effects the changes are likely to have on Employees, Employees and measures to avert or mitigate the adverse effects of such changes on Employees Employees, and shall give prompt consideration to matters raised by the Employees and/or their Union the union in relation to the changes. (b2) The discussions discussion shall commence as early as practicable after a definite decision has been made by HCL the Employer to make the changes referred to in sub- clause 36.1paragraph (a) of this subclause. (c3) For the purposes purpose of such discussion, HCL the Employer shall provide in writing to the Employees concerned and their Union, the union to which they belong all relevant information about the changes including the nature of the changes proposed; , the expected effects of the changes on Employees and any other matters likely to affect Employees provided that HCL any Employer shall not be required to disclose confidential information the disclosure of which, which looked at objectively, would be against HCL's interestsadversely affect the Employer. 36.3 Consultation about changes to rosters or hours of work (a) Where HCL proposes to change an Employee’s regular roster or ordinary hours of work, HCL must consult with the Employee or Employees affected and the Union if the Employee requests about the proposed change.

Introduction of Change. ‌11.1 Employer's duty to notify 36.1 Notification of Intended Changes (a) 11.1.1 Where HCL has made a definite decision the employer is planning to implement introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Employeesof employees, HCL whether or not a decision has been made, the employer shall as soon as practicable notify the Employees employees who may be affected by the proposed changes and their Unionunion. (b) 11.1.2 Significant Effects, effects" include termination of employment; , major changes in the composition, operation or size of HCLthe employer's workforce or in the skills required; , the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work, ; the need for retraining or transfer of Employees employees to other work or locations and the restructuring of jobs. Provided that where the Agreement enables variation award makes provisions for alterations of any of the matters referred to herein an alteration shall be deemed not to have significant effect. 36.2 Consultation with Employees and their Union11.2 Employer's duty to discuss change (a) HCL 11.2.1 The employer shall discuss with the Employees employees affected and their Unionunion, among other thingsinter alia, the introduction of the changes referred to in sub-clause 36.1paragraph (a)(i) hereof, the effects the changes are likely to have on Employeesemployees, measures to avert or mitigate the adverse effects of such changes on Employees employees and shall give prompt consideration to matters raised by the Employees employees and/or their Union union in relation to the changes. (b) 11.2.2 The discussions with employees affected and their union shall commence as early as practicable after a definite decision has been made by HCL to make the changes activities referred to in sub- clause 36.1paragraph (a)(i) hereof. (c) 11.2.3 For the purposes of such discussion, HCL the employer shall provide in writing to the Employees employees concerned and their Unionunion, all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on Employees employees and any other matters likely to affect Employees employees provided that HCL any employer shall not be required to disclose confidential information the disclosure of which, which looked at objectively, would be against HCLinimical to the employer's interests. 36.3 11.2.4 The employer shall provide information in languages other than English for employees of non- English speaking background. 11.3 Consultation about changes and provision of information: 11.3.1 Where the Employer has made a decision that the Employer no longer wishes the job the employee has been doing done by anyone and this is not due to rosters or hours the ordinary and customary turnover of work (a) Where HCL proposes labour and that decision may lead to change an Employee’s regular roster or ordinary hours termination of workemployment, HCL must consult the employer shall hold discussions with the Employee or Employees employees directly affected and with their union. 11.3.2 The discussions shall take place as soon as is practicable after the Union if employer has made a definite decision, which will invoke the Employee requests provisions of paragraph (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. 11.3.3 For the purposes of the discussion the employer shall, as soon as practicable after making a decision but before any terminations, provide in writing to the employees concerned and their union, all relevant information about the proposed changeterminations 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, or the time when the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information, the disclosure of which would be inimical to the employer's interests. 11.3.4 If redundancies are still necessary after following the procedures set out above, the parties agree to negotiate a redundancy package that is recognised as being within Industry standards. As a minimum the starting point shall be 3 weeks for each year of service.

Introduction of Change. ‌ 36.1 Notification of Intended Changes (a) Where HCL has made 48.1.1 Company's duty to notify At least two weeks prior to the company making a definite decision to implement introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Employeesemployees, HCL the Company shall as soon as practicable notify the Employees employees who may be affected by the proposed changes and their Union. (b) the employee representatives. "Significant Effects, effects" include termination of employment; , major changes in the composition, operation or size of HCLthe Company's workforce or in the skills required; , the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work, ; the need for retraining or transfer of Employees employees to other work or locations and the restructuring of jobs. Provided that where the Agreement enables variation Award (as varied by clause 5 of this Agreement) makes provisions for alterations of any of the matters referred to herein herein, an alteration shall be deemed not to have significant effect. 36.2 Consultation with Employees . Rosters and their UnionHours of Work When the company contemplates changes to regular rostering or ordinary hours of work, the company must consult prior to the introduction of the proposed change. The company must also: (a) HCL discuss with the relevant employees, unions covered by this Agreement and their representative the introduction of the change; and (b) for the purposes of the discussion—provide to the relevant employees and their representative: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the company reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the company reasonably believes are likely to affect the employees; and (c) invite the relevant employees, unions covered by this Agreement and their representative to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and (d) consider any views given by the employer about the impact of the change. 48.2.1 Company's duty to discuss change The Company shall discuss with the Employees employees affected and their Unionrepresentatives, among other thingsinter alia, the introduction of the changes referred to in sub-clause 36.148.1.1, the effects the changes are likely to have on Employeesemployees, measures to avert or mitigate the adverse effects of such changes on Employees employees and shall give prompt genuine consideration to matters raised by the Employees employees and/or their Union representatives in relation to the changes. (b) The discussions shall commence as early as practicable after a definite decision has been made by HCL to make the changes referred to in sub- clause 36.1. (c) For the purposes of such discussion, HCL shall provide in writing to the Employees concerned and their Union, all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on Employees and any other matters likely to affect Employees provided that HCL shall not be required to disclose confidential information disclosure of which, which looked at objectively, would be against HCL's interests. 36.3 Consultation about changes to rosters or hours of work (a) Where HCL proposes to change an Employee’s regular roster or ordinary hours of work, HCL must consult with the Employee or Employees affected and the Union if the Employee requests about the proposed change.

Introduction of Change. ‌CONSULTATION 36.1 Notification of Intended Changes46.1 Consultation regarding major workplace change (a) Where HCL the Company has made a definite decision to implement introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Employees, HCL shall as soon as practicable the Company must notify the Employees who may be affected by the proposed changes and their Unionrepresentatives, if any. (b) Significant Effects, include effects include: termination of employment; major changes in the composition, operation or size of HCL's the Company’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work, ; the need for retraining or transfer of Employees to other work or locations locations; and the restructuring of jobs. Provided that where the this Agreement enables variation of makes provisions for alteration to any of the these matters referred to herein an alteration shall be is deemed not to have significant effect. 36.2 Consultation with Employees and their Unionc) Company to discuss change (a) HCL shall i. The Company must discuss with the Employees affected and their Unionrepresentatives, among other thingsif any, the introduction of the changes referred to in sub-clause 36.146.1 a), the effects the changes are likely to have on Employees, Employees and measures to avert or mitigate the adverse effects of such changes on Employees and shall must give prompt consideration to matters raised by the Employees and/or their Union representatives in relation to the changes. (b) ii. The discussions shall must commence as early as practicable after a definite definitive decision has been made by HCL the Company to make the changes referred to in sub- clause 36.146.1a). (c) iii. For the purposes of such discussion, HCL shall the Company must provide in writing to the Employees Employee concerned and their Unionrepresentatives, if any, all relevant information about the changes including the nature of the changes proposed; , the expected effects of the changes on Employees and any other matters matter likely to affect Employees provided that HCL shall the Company is not be required to disclose confidential information information, the disclosure of which, which looked at objectively, would be against HCL's contrary to the Company’s interests. 36.3 46.2 Consultation about changes to rosters or hours of work (a) Where HCL the Company proposes to change an Employee’s regular roster or ordinary hours of work, HCL the Company must consult with the Employee or Employees affected and the Union their representative, if the Employee requests any, about the proposed change. b) The Company must: i. provide to the Employee or Employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the Employee’s regular roster or ordinary hours of work and when that change is proposed to commence); ii. invite the Employee or Employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and iii. Give consideration to any views about the impact of the proposed change that are given by the Employee of the Employees concerned and/or their representatives. c) The requirement to consult under this clause does not apply where an Employee has irregular, sporadic or unpredictable working hours.

Introduction of Change. ‌ 36.1 Notification of Intended Changes (a) Employer’s duty to notify (1) Where HCL an employer has made a definite decision to implement introduce major changes in production, program, organisationorganization, structure or technology that are likely to have significant effects on Employeesemployees, HCL the employer shall as soon as practicable notify the Employees employees who may be affected by the proposed changes and their Unionthe union to which they belong. (b2) ‘Significant Effects, effects’ include termination of employment; , major changes in the composition, operation or size of HCL's the employer’s workforce or in the skills required; , the elimination or diminution of job opportunities, promotion opportunities or job tenure; , the alteration of hours of work, the need for retraining or transfer of Employees employees to other work or locations and the restructuring of jobs. Provided that where the Agreement enables variation award makes provision for alteration of any of the matters referred to herein herein, an alteration shall be deemed not to have significant effect. 36.2 Consultation with Employees and their Union(b) Employer’s duty to discuss change (a1) HCL The employer shall discuss with the Employees employees affected and their Unionthe union to which they belong, among other thingsinter alia, the introduction of the changes referred to in sub-clause 36.1paragraph (a) above, the effects the changes are likely to have on Employees, employees and measures to avert or mitigate the adverse effects of such changes on Employees employees, and shall give prompt consideration to matters raised by the Employees employees and/or their Union the union in relation to the changes. (b2) The discussions discussion shall commence as early as practicable after a definite decision has been made by HCL the employers to make the changes referred to in sub- clause 36.1paragraph (a) of this subclause. (c3) For the purposes purpose of such discussion, HCL the employer shall provide in writing to the Employees employees concerned and their Union, the union to which they belong all relevant information about the changes including the nature of the changes proposed; , the expected effects of the changes on Employees employees and any other matters likely to affect Employees employees provided that HCL any employer shall not be required to disclose confidential information the disclosure of which, which looked at objectively, would be against HCL's interestsadversely affect the employer. 36.3 Consultation about changes to rosters or hours of work (a) Discussions before terminations (1) Where HCL proposes 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 change an Employee’s regular roster or ordinary hours subparagraph (1) of workparagraph (a) of subclause (2) above, HCL must consult and that decision may lead to the termination of employment, the employer shall hold discussion with the Employee or Employees employees directly affected and with the Union if union to which they belong. (2) The discussion shall take place as soon as is practicable after the Employee requests employer had made a definite decision which will invoke the provision of subparagraph (1) of this subclause and shall cover, inter alia, any reasons for the proposed termination, measures to avoid or minimise the terminations and measure to mitigate any adverse effects of any termination of 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 changeterminations 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 termination are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

Introduction of Change. ‌ 36.1 Notification of Intended Changes17.1 Employer's duty to notify: (a) Where HCL the Employer has made a definite decision to implement introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Employeesan Employee, HCL shall as soon as practicable the Employer will notify the Employees who may be affected by the proposed changes and their Unionchanges. (b) “Significant Effects, effects” include termination of employment; , major changes in the composition, operation or size of HCL's the Employees workforce or in the skills required; , the elimination or diminution of job opportunities, promotion opportunities or job tenure; , the alteration of hours of work, the need for retraining or transfer of Employees to other work or locations and the restructuring of jobs. Provided that where the Agreement enables variation makes provision for alteration of any of the matters referred to herein an alteration shall will be deemed not to have significant effect. 36.2 Consultation with Employees and their Union17.2 Employer's duty to discuss change: (a) HCL shall The Employer will discuss with the Employees affected and their Union, among other thingsaffected, the introduction of the changes referred to in sub-clause 36.117.1 of this Agreement, the effects the changes are likely to have on Employees, measures to avert or mitigate the adverse effects of such changes on Employees and shall give prompt consideration to matters raised by the Employees and/or their Union in relation to the changes. (b) The discussions shall will commence as early as practicable after a definite decision has been made by HCL the Employer to make the changes referred to in sub- clause 36.117.1(a) hereof. (c) For the purposes purpose of such discussion, HCL shall the Employer will provide in writing to the Employees concerned and their Unionconcerned, all relevant information about the changes including the nature of the changes proposed; , the expected effects of the changes on Employees and any other matters likely to affect Employees provided that HCL shall the Employer will not be required to disclose confidential information the disclosure of which, which looked at objectively, would be against HCLinimical to the Employer's interests. 36.3 Consultation about changes to rosters or hours of work (a) Where HCL proposes to change an Employee’s regular roster or ordinary hours of work, HCL must consult with the Employee or Employees affected and the Union if the Employee requests about the proposed change.

Introduction of Change. ‌ 36.1 Notification of Intended ChangesEmployer’s duty to notify (a) Where HCL the company has made a definite decision to implement introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Employeesemployees, HCL the employer shall as soon as practicable notify the Employees employees who may be affected by the proposed changes and their Unionthe union. (b) “Significant Effects, effects” include termination of employment; , major changes in the composition, operation or size of HCL's the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work, ; the need for retraining or transfer of Employees employees to other work or locations and the restructuring of jobs. Provided that where the Agreement enables variation makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect. 36.2 Consultation with Employees and their Union. Employer’s duty to discuss change (ac) HCL The company shall discuss with the Employees employees affected and their Unionthe union, among other thingsinter alia, the introduction of the changes referred to in sub-clause 36.1subclause 22(a) hereof, the effects the changes are likely to have on Employeesemployees, measures to avert or mitigate the adverse effects of such changes on Employees employees and shall give prompt consideration to the matters raised by the Employees and/or their Union employee and / or the union in relation to the changes. (bd) The discussions shall commence as early as practicable after a definite decision has been made by HCL the employer to make the changes referred to in sub- clause 36.1subclause 22(a) hereof. (cj) For the purposes of such discussion, HCL the company shall provide in writing to the Employees employees concerned and their Unionunion or unions, all relevant information about the changes including the nature of the changes proposed; , the expected effects of the changes on Employees employees and any other matters likely to affect Employees employees provided that HCL any company shall not be required to disclose confidential information the disclosure of which, which looked at objectively, would be against HCL's inimical to the employer’s interests. 36.3 Consultation about changes to rosters or hours of work. Discussions before terminations (a) Where HCL proposes the company has made a definite decision that the company no longer wishes the job the employee has been doing done by anyone and this is not due to change an Employee’s regular roster or the ordinary hours and customary turnover of worklabour and that decision may lead to termination of employment, HCL must consult the company shall hold discussions with the Employee or Employees employees directly affected and with the Union if union. (b) The discussions shall take place as soon as practicable after the Employee requests employer has made a definite decision which will invoke the provisions of paragraph 22(a)(I) hereof and shall cover, inter alia, any reasons for the proposed terminations, measure to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned. (c) For the purposes of the discussion the company shall, as soon as practicable, provide in writing to the employees concerned and the union, all relevant information about the proposed changeterminations 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 the disclosure of which, would be inimical to the employer’s interests.

Introduction of Change. ‌ 36.1 Notification of Intended Changes10.1 Employer's duty to notify: (a) Where HCL the Employer has made a definite decision to implement introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Employeesan Employee, HCL shall as soon as practicable the Employer will notify the Employees who may be affected by the proposed changes and their Unionchanges. (b) “Significant Effects, effects” include termination of employment; , major changes in the composition, operation or size of HCL's the Employees workforce or in the skills required; , the elimination or diminution of job opportunities, promotion opportunities or job tenure; , the alteration of hours of work, the need for retraining or transfer of Employees to other work or locations and the restructuring of jobs. Provided that where the Agreement enables variation makes provision for alteration of any of the matters referred to herein an alteration shall will be deemed not to have significant effect. 36.2 Consultation with Employees and their Union10.2 Employer's duty to discuss change: (a) HCL shall The Employer will discuss with the Employees affected and their Union, among other thingsaffected, the introduction of the changes referred to in sub-clause 36.118.1 of this Agreement, the effects the changes are likely to have on Employees, measures to avert or mitigate the adverse effects of such changes on Employees and shall give prompt consideration to matters raised by the Employees and/or their Union in relation to the changes. (b) The discussions shall will commence as early as practicable after a definite decision has been made by HCL the Employer to make the changes referred to in sub- clause 36.118.1(a) hereof. (c) For the purposes purpose of such discussion, HCL shall the Employer will provide in writing to the Employees concerned and their Unionconcerned, all relevant information about the changes including the nature of the changes proposed; , the expected effects of the changes on Employees and any other matters likely to affect Employees provided that HCL shall the Employer will not be required to disclose confidential information the disclosure of which, which looked at objectively, would be against HCLinimical to the Employer's interests. 36.3 Consultation about changes to rosters or hours of work (a) Where HCL proposes to change an Employee’s regular roster or ordinary hours of work, HCL must consult with the Employee or Employees affected and the Union if the Employee requests about the proposed change.