Common use of Major Workplace Change Clause in Contracts

Major Workplace Change. (a) Major workplace change occurs in situations that have a major and substantial impact on the employee, such as, but not limited to: (i) possible forced job losses; (ii) outsourcing (including to UNSW controlled entities); (iii) significant restructuring across an entire faculty, division, school or equivalent sized organisational unit; (iv) relocation to another campus that involves unreasonable additional travel. (b) Where major workplace change is proposed, the University will: (i) meet and consult with directly affected employees; and (ii) provide a written, detailed workplace change proposal to directly affected staff as part of the consultation process. (c) The workplace change proposal will include an outline of the proposed changes, the reasons for the change proposal, the impact on staff, and the likely timeframe for consultation and implementation. (d) Directly affected employees will have an opportunity to respond to the workplace change proposal and the University will consider any alternative(s) put forward. (e) Directly affected employees will be advised in writing of any changes (including reason/s for changes) to the original proposal prior to implementation. (f) In filling positions in any new structure, the University will ensure that: (i) an employee employed on either continuing or fixed-term employment whose position remains in the new structure and is not significantly changed, will continue to hold the same or substantially similar position in accordance with their contract of employment; and (ii) an employee whose position does not remain in the new structure will be given first opportunity to submit an expression of interest in any positions that have been created or made vacant in the restructure.

Major Workplace Change. (a) Major workplace change occurs in situations that have a major and substantial impact on the employee, such as, but not limited to: (i) possible forced job losses; (ii) outsourcing (including to UNSW controlled entities); (iii) significant restructuring across an entire faculty, division, school or equivalent sized organisational unit; (iv) relocation to another campus that involves unreasonable additional travel. (b) Where major workplace change is proposed, the University will: (i) meet and consult with directly affected employees; and (ii) provide a written, detailed workplace change proposal to directly affected staff as part of the consultation process. (c) The workplace change proposal will include an outline of the proposed changes, the reasons for the change proposal, the impact on staff, and the likely timeframe for consultation and implementation. (d) Directly affected employees will have an opportunity to respond to the workplace proposed change proposal and the University will consider any alternative(s) put forward. (e) Directly affected employees will be advised in writing of any changes (including reason/s for changes) to the original proposal prior to implementation. (f) In filling positions in any new structure, the University will ensure that: (i) an employee employed on either continuing or fixed-term employment whose position remains in the new structure and is not significantly changed, will continue to hold the same or substantially similar position in accordance with their contract of employment; and (ii) an employee whose position does not remain in the new structure will be given first opportunity to submit an expression of interest in any positions that have been created or made vacant in the restructure. (g) Where, arising from the process referred to at subclause 21.4(f)(ii) above, an employee has not submitted an expression of interest in any positions in the new structure or whose expression of interest is unsuccessful, the University may place the employee in any position in the new structure or elsewhere within the University where the employee holds the necessary skills, qualifications and/or expertise. In this circumstance, the placement of the employee will be made on the employee’s existing terms and conditions of employment, including classification and salary.

Major Workplace Change. (a) Major workplace change occurs in situations that have a major and substantial impact on the employee, such as, but not limited to: (i) possible forced job losses; (ii) outsourcing (including to UNSW controlled entities); (iii) significant restructuring across an entire faculty, division, school or equivalent sized organisational unit; (iv) relocation to another campus that involves unreasonable additional travel. (b) Where major workplace change is proposed, the University will: (i) meet and consult with directly affected employees; and (ii) provide a written, detailed workplace change proposal to directly affected staff as part of the consultation process. (c) The workplace change proposal will include an outline of the proposed changes, the reasons for the change proposal, the impact on staff, and the likely timeframe for consultation and implementation. (d) Directly affected employees will have an opportunity to respond to the workplace change proposal and the University will consider any alternative(s) put forward. (e) Directly affected employees will be advised in writing of any changes (including reason/s for changes) to the original proposal prior to implementation. (f) In filling positions in any new structure, the University will ensure that: (i) an employee employed on either continuing or fixed-term employment whose position remains in the new structure and is not significantly changed, changed will continue to hold the same or substantially similar position in accordance with their contract of employment; and (ii) an employee whose position does not remain in the new structure will be given first opportunity to submit an expression of interest in any positions that have been created or made vacant in the restructure. (g) Where, arising from the process referred to at subclause 29.4(f)(ii), an employee has not submitted an expression of interest in any positions in the new structure or whose expression of interest is unsuccessful, the University may place the employee in any position in the new structure or elsewhere within the University provided that: (i) the employee holds the necessary skills, qualifications and/or experience for the position; (ii) the position requires similar skills, qualifications and/or experience and involves a similar level of: task complexity; judgement; problem solving; and independence as the substantive position held by the employee; (iii) the position is at the same campus or another campus that does not involve unreasonable additional travel; and (iv) the placement of the employee will be made on the employee’s existing terms and conditions of employment, including classification and salary. Where no such placement is made, the provisions of subclause 29.5 will apply. (h) The placement of an employee pursuant to subclause 29.4(g) will be made for a trial period of not less than three (3) months. Where the trial is not successful, the employee will be advised by the University in writing of the reason the trial was not successful and that the provisions of subclause 29.5 will apply.