Major Change. 38.2.1 For a major change referred to in clause 38.1(a): (a) the Employer must notify the relevant Employees of the decision to introduce the major change; and (b) clauses 38.2.2 to 38.2.8 apply. 38.2.2 The relevant Employees may appoint a representative for the purposes of the procedures in this term. 38.2.3 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. 38.2.4 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. 38.2.5 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 38.2.6 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. 38.2.7 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 Clause 38.2.1(a) and clauses 38.2.2 and 38.2.4 are taken not to apply. 38.2.8 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 i. the alteration of hours of work; or ii. the need to retrain Employees; or iii. the need to relocate Employees to another workplace; or iv. the restructuring of jobs.
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Samples: Employment Agreement, Employment Agreement
Major Change. 38.2.1 7.2.1 For a major change referred to in clause 38.1(a):7.1.1
(a) the Employer must notify the relevant Employees of the decision to introduce the major change; and
(b) clauses 38.2.2 subclauses 7.2.2 to 38.2.8 7.2.8 apply.
38.2.2 7.2.2 The relevant Employees may appoint a representative for the purposes of the procedures in this term.
38.2.3 7.2.3 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.
38.2.4 7.2.4 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 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.
38.2.5 7.2.5 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
38.2.6 7.2.6 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
38.2.7 7.2.7 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 the Employer, the requirements set out in Clause 38.2.1(aclause 7.2.1(a) and clauses 38.2.2 subclauses 7.2.2 and 38.2.4 7.2.4 are taken not to apply.
38.2.8 7.2.8 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 operation, or size of the Employer's ’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
i. (d) the alteration of hours of work; or
ii. (e) the need to retrain Employees; or
iii. (f) the need to relocate Employees to another workplace; or iv. or
(g) the restructuring of jobs.
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Samples: Enterprise Agreement
Major Change. 38.2.1 (a) For a major change referred to in clause 38.1(a33.1(i):
(ai) the Employer The Company must notify the relevant Employees of the decision to introduce the major change; and
(bii) clauses 38.2.2 paragraphs 33.2(b) to 38.2.8 33.2(h) apply.
38.2.2 (b) The relevant Employees may appoint a representative for the purposes of the procedures in this termclause.
38.2.3 (c) If:
(ai) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(bii) the relevant Employee or relevant Employees advise the Employer Company of the identity of the representative; , the Employer Company must recognise the representative.
38.2.4 (d) As soon as practicable after making its decision, the Employer Company must:
(ai) discuss with the relevant Employees:
i. (A) the introduction of the change; and;
ii. (B) the effect the change is likely to have on the Relevant Employees; and
iii. (C) measures the Employer Company is taking to avert or mitigate the any adverse effect of the change on the relevant Employees; and;
(bii) for the purposes of the discussion discussion, provide, in writing, to the relevant Relevant Employees:
i. (A) all relevant information about the change including the nature of the change proposed; and;
ii. (B) information about the expected effects of the change on the Relevant Employees; and
iii. (C) any other matters likely to affect the Relevant Employees.
38.2.5 (e) However, the Employer Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
38.2.6 (f) The Employer Company must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
38.2.7 (g) 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 the EmployerCompany, the requirements set out in Clause 38.2.1(aparagraphs 33.2(a)(i) and clauses 38.2.2 33.2(b) and 38.2.4 33.2(d) are taken not to apply.
38.2.8 (h) In this termclause, a major change is likely to have a significant effect on Employees if it results in:
(ai) the termination of the employment of Employees; or
(bii) major change to the composition, operation or size of the Employer's ’s workforce or to the skills required of Employees; or
(ciii) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
i. (iv) the alteration of hours of work; or
ii. (v) the need to retrain Employees; or
iii. (vi) the need to relocate Employees to another workplace; or iv. or
(vii) the restructuring of jobs.
Appears in 1 contract
Samples: Enterprise Agreement
Major Change. 38.2.1 51.2.1 For a major change referred to in clause 38.1(a51.1(a):
(a) the Employer SBS must notify the relevant Employees of the decision to introduce the major change; and
(b) clauses 38.2.2 to 38.2.8 the provisions of this subclause 51.2 apply.
38.2.2 51.2.2 The relevant Employees may appoint a representative for the purposes of the procedures in this term.
38.2.3 . 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 SBS of the identity of the representative; the Employer SBS must recognise the representative.
38.2.4 51.2.3 As soon as practicable after making its decision, the Employer SBS 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 the Employer SBS is taking to avert or mitigate the any adverse effect of the change on the Employees; and
(b) for the purposes of the discussion – provide, in writing, to the relevant Employees:
i. (i) all relevant information about the change 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.
38.2.5 51.2.4 However, the Employer SBS is not required to disclose confidential or commercially sensitive information to the relevant Employees.
38.2.6 The Employer 51.2.5 SBS must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
38.2.7 51.2.6 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 the Employeremployer, the requirements set out in Clause 38.2.1(asubclause 51.2.1(a) and clauses 38.2.2 subclauses 51.2.2 and 38.2.4 51.2.3 are taken not to apply.
38.2.8 51.2.7 In this term, a major change is likely to have a significant effect on Employees employees if it results inin any of the following:
(a) the termination of the employment of Employees; or;
(b) major change to the composition, operation or size of the Employer's SBS’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;
i. (d) the alteration of hours of work; or;
ii. (e) the need to retrain Employees; or;
iii. (f) the need to relocate Employees to another workplace; or iv. ;
(g) the restructuring of jobs.
Appears in 1 contract
Samples: Enterprise Agreement
Major Change. 38.2.1
8.2.1. For a major change referred to in clause 38.1(a):Subclause 8.1.1:
(a) a. the Employer must notify the relevant Employees Employees, the Employee Representatives, and the Union of the decision to introduce the major change; and
(b) clauses 38.2.2 b. Subclauses 8.2.2 to 38.2.8 8.2.8 apply.
38.2.2 8.2.2. The relevant Employees may appoint a an alternative representative for the purposes of the procedures in this term.
38.2.3 8.2.3. If, for the purposes of consultation:
(a) a. a relevant Employee appoints, or relevant Employees appointEmployees, appoint a representative for the purposes of consultationrepresentative; and
(b) b. the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
38.2.4 8.2.4. As soon as practicable after making its decision, the Employer must:
(a) a. discuss with the relevant Employees, the Employee representatives, and the Union:
i. (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
(biv) for the purposes of the discussion provide, in writing, to the relevant Employees, the Employee representatives and the Union; and
b. for the purposes of the discussion, provide in writing to the relevant Employees, the Employee representatives, and the Union:
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.
38.2.5 However8.2.5. Notwithstanding Subclause 8.2.4, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
38.2.6 8.2.6. The Employer must give prompt and genuine consideration to matters raised about the major change by or on behalf of the relevant Employees.
38.2.7 8.2.7. 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 the Employer, the requirements set out in Clause 38.2.1(a) Subparagraph 8.2.1.a, Subclause 8.2.2 and clauses 38.2.2 and 38.2.4 Subclause 8.2.4 are taken not to apply.
38.2.8 8.2.8. 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 operation, or size of the Employer's 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
i. d. the alteration of hours of work; or
ii. e. the need to retrain Employees; or
iii. f. the need to relocate Employees to another workplace; or iv. or
g. the restructuring of jobs; or
h. permanent changes to the format of a regular, established roster (i.e. the repetition cycle of day/night shifts or normal work cycles).
Appears in 1 contract
Major Change. 38.2.1 (a) For a major change referred to in clause 38.1(aparagraph 6.1(a)(i):
(ai) the Employer Company must notify the relevant Employees of the decision to introduce the major change; and
(bii) sub-clauses 38.2.2 6.2(b) to 38.2.8 6.2(h) apply.
38.2.2 (b) The relevant Employees may appoint a representative for the purposes of the procedures in this term.
38.2.3 (c) If:
(ai) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(bii) the Employee or Employees advise the Employer Company of the identity of the representative; the Employer Company must recognise the representative.
38.2.4 (d) As soon as practicable after making its decision, the Employer Company must:
(ai) discuss with the relevant Employees:
i. (A) the introduction of the change; and
ii. (B) the effect the change is likely to have on the Employees; and
iii. (C) measures the Employer Company is taking to avert or mitigate the adverse effect of the change on the Employees; and
(bii) for the purposes of the discussion - provide, in writing, to the relevant Employees:
i. (A) all relevant information about the change including the nature of the change proposed; and
ii. (B) information about the expected effects of the change on the Employees; and
iii. (C) any other matters likely to affect the Employees.
38.2.5 (e) However, the Employer Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
38.2.6 (f) The Employer Company must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
38.2.7 (g) 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 the EmployerCompany, the requirements set out in Clause 38.2.1(aclause 6.2(a)(ii) and clauses 38.2.2 and 38.2.4 subclauses (b) to (d) are taken not to apply.
38.2.8 (h) In this term, a major change is likely to have a significant effect on Employees if it results in:
(ai) the termination of the employment of Employees; or
(bii) major change to the composition, operation or size of the Employer's Company’s workforce or to the skills required of Employees; or
(ciii) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
i. (iv) the alteration of hours of work; or
ii. (v) the need to retrain Employees; or
iii. (vi) the need to relocate Employees to another workplace; or iv. or
(vii) the restructuring of jobs.
Appears in 1 contract
Samples: Enterprise Agreement