Common use of Workplace Consultation Clause in Contracts

Workplace Consultation. 8.1 This term applies if Fonterra: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of Employees. 8.2 For a major change referred to in clause 8.1(a): (a) Fonterra must notify the relevant Employees of the decision to introduce the major change; and (b) sub-clauses 8.3 to 8.9 apply. 8.3 The Relevant Employees may appoint a representative for the purposes of the procedures in this term. 8.4 ▇▇▇▇▇▇▇▇ must recognise any appointed representative if: (a) a Relevant Employee appoints, or Relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise Fonterra of the identity of the representative; 8.5 As soon as practicable after making its decision, Fonterra 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 Fonterra 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. 8.6 However, Fonterra is not required to disclose confidential or commercially sensitive information to the Relevant Employees. 8.7 Fonterra must give prompt and genuine consideration to matters raised about the major change by the Relevant Employees. 8.8 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of Fonterra, the requirements set out in clause 8.2(a) and sub-clauses 8.3 and 8.5 are taken not to apply. 8.9 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; (b) a major change to the composition, operation or size of Fonterra’s workforce or to the skills required of Employees; (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); (d) the alteration of hours of work; (e) the need to retrain Employees; (f) the need to Relocate Employees to another workplace; or (g) the restructuring of jobs. 8.10 For a change referred to in paragraph 8.1(b) (a) Fonterra must notify the Relevant Employees of the proposed change; and (b) sub-clauses 8.11 to 8.15 apply. 8.11 The Relevant Employees may appoint a representative for the purposes of the procedures in this term. 8.12 ▇▇▇▇▇▇▇▇ must recognise any appointed representative if: (a) a Relevant Employee appoints, or Relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise Fonterra of the identity of the representative; 8.13 As soon as practicable after proposing to introduce the change, ▇▇▇▇▇▇▇▇ must: (a) discuss with the relevant Employees the introduction of the change; and (b) for the purposes of the discussion—provide to the Relevant Employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what ▇▇▇▇▇▇▇▇ reasonably believes will be the effects of the change on the Employees; and (iii) information about any other matters that ▇▇▇▇▇▇▇▇ reasonably believes are likely to affect the Employees; and (c) invite the Relevant Employees to give their views about the impact of the change 8.14 However, Fonterra is not required to disclose confidential or commercially sensitive information to the Relevant Employees. 8.15 ▇▇▇▇▇▇▇▇ must give prompt and genuine consideration to matters raised about the change by the Relevant Employees.

Workplace Consultation. 8.1 This term applies if Fonterra: (a) This clause applies if: i) the Surgery has made a definite decision to introduce a major change to production, program, organisation, structure structure, or technology in relation to its enterprise that the Surgery; and ii) the change is likely to have a significant effect on the one or more of our Employees; or. (b) proposes to introduce a change to the regular roster or ordinary hours of work of Employees. 8.2 For a major change referred to in clause 8.1(a): (a) Fonterra The Surgery must notify the relevant Employees employees of the decision to introduce the major change; and. (bc) sub-clauses 8.3 to 8.9 apply. 8.3 The Relevant Employees relevant employees may appoint a representative for the purposes of the procedures contained in this termclause. 8.4 ▇▇▇▇▇▇▇▇ must recognise any appointed representative if(d) If: (ai) a Relevant relevant Employee appoints, or Relevant relevant Employees appoint, a representative for the purposes of consultation; and (bii) the Employee or Employees advise Fonterra the Surgery of the identity of the representative;; then the Surgery shall recognise the representative. 8.5 (e) As soon as practicable after making its decision, Fonterra mustthe Surgery shall: (ai) discuss with the Relevant Employeesrelevant employees: (iA) the introduction of the change; and (iiB) the effect the change is likely to have on the Employeesemployees; and (iiiC) measures Fonterra the Surgery is taking to avert or mitigate the adverse effect of the change on the Employeesemployees; and (bii) for the purposes of the discussion—discussion — provide, in writing, to the Relevant Employeesrelevant employees: (iA) all relevant information about the change including the nature of the change proposed; and (iiB) information about the expected effects of the change on the Employeesemployees; and and (iii) any C)any other matters likely to affect the Employeesemployees.) 8.6 However, Fonterra (f) The Surgery Manager is not required to disclose confidential or commercially sensitive information to the Relevant relevant Employees. 8.7 Fonterra (g) The Employer must give prompt and genuine consideration to matters raised about the major change by the Relevant relevant Employees. 8.8 If a term in (h) For the purposes of this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of Fonterra, the requirements set out in clause 8.2(a) and sub-clauses 8.3 and 8.5 are taken not to apply. 8.9 In this termEnterprise Agreement, a major change is likely to have a significant effect on Employees employees if it results in: (a) i. the termination of the employment of Employees; (b) a employees; or major change to the composition, operation or size of Fonterrathe employer’s workforce or to the skills required of Employees;employees; or (c) ii. the elimination or diminution of job opportunities (including opportunities for promotion or tenure);; or (d) iii. the alteration of hours of work;; or (e) iv. the need to retrain Employees;employees; or (f) v. the need to Relocate Employees relocate employees to another workplace; or (g) vi. the restructuring of jobs. 8.10 (i) For a change referred to in paragraph 8.1(b) (a) Fonterra must notify the Relevant Employees of the proposed change; and (b) sub-clauses 8.11 to 8.15 apply. 8.11 The Relevant Employees may appoint a representative for the purposes of this Enterprise Agreement, ‘relevant employees’ means the procedures in this term. 8.12 ▇▇▇▇▇▇▇▇ must recognise any appointed representative if: (a) a Relevant Employee appoints, or Relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise Fonterra of the identity of the representative; 8.13 As soon as practicable after proposing to introduce the change, ▇▇▇▇▇▇▇▇ must: (a) discuss with the relevant Employees the introduction of the change; and (b) for the purposes of the discussion—provide to the Relevant Employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what ▇▇▇▇▇▇▇▇ reasonably believes will Nurses who may be the effects of the change on the Employees; and (iii) information about any other matters that ▇▇▇▇▇▇▇▇ reasonably believes are likely to affect the Employees; and (c) invite the Relevant Employees to give their views about the impact of the change 8.14 However, Fonterra is not required to disclose confidential or commercially sensitive information to the Relevant Employees. 8.15 ▇▇▇▇▇▇▇▇ must give prompt and genuine consideration to matters raised about the change affected by the Relevant Employeesmajor change.

Workplace Consultation. 8.1 (a) This term clause applies if Fonterradnata: (ai) has made Is seriously considering introducing a definite decision to introduce a ‘major change change’ to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employeesemployees; or (bii) proposes Proposes to introduce a change to the ‘regular roster roster’ or ordinary hours of work of Employeesemployees. 8.2 (b) For a ‘major change change’ (referred to in clause 8.1(aabove): (ai) Fonterra dnata must notify the relevant Employees employees and the unions of the decision to introduce the major changechange that it is seriously considering; and (bii) sub-clauses 8.3 to 8.9 Subclauses 7.4(a)-(g) apply. 8.3 (c) The Relevant Employees relevant employees may appoint a the union or other representative for the purposes of the procedures in this term. 8.4 ▇▇▇▇▇▇▇▇ must recognise any appointed representative if(d) If: (ai) a Relevant Employee A relevant employee appoints, or Relevant Employees relevant employees appoint, a the union or other representative for the purposes of consultation; and (bii) the Employee The employee or Employees employees advise Fonterra dnata of the identity of the representative;; dnata must recognise the representative. 8.5 (e) As soon as practicable after making its decisioncommunicating the major change that it is seriously considering, Fonterra dnata must: (a) discuss with the Relevant Employees: (i) Discuss with the relevant employees: - The introduction of the change; and (ii) the and - The effect the change is likely to have on the Employeesemployees; and (iii) and - The measures Fonterra dnata is taking to avert or mitigate the adverse effect of the change on the Employees; andemployees. (bii) for For the purposes of the discussion—--provide, in writing, to the Relevant Employees: (i) all relevant employees: - All relevant information about the change including the nature of the change proposed; and (ii) information and - Information about the expected effects of the change on the Employeesemployees; and (iii) any and - Any other matters likely to affect the Employeesemployees. 8.6 (f) However, Fonterra dnata is not required to disclose confidential or commercially sensitive information to the Relevant Employeesrelevant employees. 8.7 Fonterra (g) dnata must give prompt and genuine consideration to matters raised about the major change by the Relevant Employeesrelevant employees. 8.8 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of Fonterra, the requirements set out in clause 8.2(a(h) and sub-clauses 8.3 and 8.5 are taken not to apply. 8.9 In this termclause, a major change is ‘likely to have a significant effect on Employees employees’ if it results in: (ai) the The termination of the employment of Employees;employees; or (bii) a major Major change to the composition, operation or size of Fonterradnata’s workforce or to the skills required of Employees;employees; or (ciii) the The elimination or diminution of job opportunities (including opportunities for promotion or tenure);; or (div) the The alteration of hours of work;; or (ev) the The need to retrain Employees;employees; or (fvi) the The need to Relocate Employees relocate employees to another workplace; or (gvii) the The restructuring of jobs. 8.10 For a change referred to in paragraph 8.1(b) (a) Fonterra must notify the Relevant Employees of the proposed change; and (b) sub-clauses 8.11 to 8.15 apply. 8.11 The Relevant Employees may appoint a representative for the purposes of the procedures in this term. 8.12 ▇▇▇▇▇▇▇▇ must recognise any appointed representative if: (a) a Relevant Employee appoints, or Relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise Fonterra of the identity of the representative; 8.13 As soon as practicable after proposing to introduce the change, ▇▇▇▇▇▇▇▇ must: (a) discuss with the relevant Employees the introduction of the change; and (b) for the purposes of the discussion—provide to the Relevant Employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what ▇▇▇▇▇▇▇▇ reasonably believes will be the effects of the change on the Employees; and (iii) information about any other matters that ▇▇▇▇▇▇▇▇ reasonably believes are likely to affect the Employees; and (c) invite the Relevant Employees to give their views about the impact of the change 8.14 However, Fonterra is not required to disclose confidential or commercially sensitive information to the Relevant Employees. 8.15 ▇▇▇▇▇▇▇▇ must give prompt and genuine consideration to matters raised about the change by the Relevant Employees.

Workplace Consultation. 8.1 ‌ (1) This term applies if Fonterrathe employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employeesemployees to which this enterprise agreement applies; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of Employeesemployees. 8.2 (2) For a major change referred to in clause 8.1(asubclause (1)(a): (a) Fonterra the employer must notify the relevant Employees employees of the decision to introduce the major change; and (b) sub-clauses 8.3 subclauses (3) to 8.9 (9) apply. 8.3 (3) The Relevant Employees relevant employee or employees may appoint advise the employer that a person or employee organisation is their representative for the purposes of the procedures in this termclause in relation to a major workplace change. 8.4 ▇▇▇▇▇▇▇▇ must recognise any appointed representative if(4) If: (a) a Relevant Employee appointsrelevant employee, or Relevant Employees appointthe relevant employees, advise the employer that a person or employee organisation is their representative for the purposes of consultation; and (b) the Employee employee or Employees employees advise Fonterra the employer of the identity of the representative;; the employer must recognise the representative. 8.5 (5) The employer must notify the relevant employees and their representatives (if any) of the decision to introduce the change. (6) As soon as practicable after making its decision, Fonterra the employer must: (a) discuss consult with the Relevant Employeesrelevant employees and their representatives (if any), including by discussing with them: (i) the introduction of the change; and (ii) the effect the change is likely to have on the Employeesemployees; and (iii) measures Fonterra is taking to avert avoid or mitigate the reduce any adverse effect of the change on the Employeesemployees; and (b) for the purposes of the discussionconsultation—provide, in writing, to the Relevant Employees:relevant employees and their representatives (if any): (i) all relevant information about the change including the nature of the change proposed; and (ii) the reasons or justification for the change; and (iii) information about the expected effects of the change on the Employeesemployees; and (iiiiv) any other matters likely to affect the Employeesemployees. 8.6 (7) However, Fonterra the employer is not required to disclose confidential or commercially sensitive information to the Relevant Employeesrelevant employees or their representatives (if any). 8.7 Fonterra (8) The employer must give prompt and genuine consideration to matters raised about the major change by the Relevant Employeesrelevant employees and their representatives (if any). 8.8 (9) The employer will take reasonable steps to communicate the outcome of the consultation process including the consideration that was given to matters raised about the major workplace change by the relevant employees and their representatives (if any). (10) If a term in this Agreement agreement provides for the introduction of a major workplace change to production, program, organisation, structure or technology in relation to the enterprise of Fonterrathe employer, the requirements set out to consult contained in clause 8.2(aclauses (3) and sub-clauses 8.3 and 8.5 to (9) are taken not to apply. 8.9 (11) In this term, a major workplace change is “likely to have a significant effect on Employees employees” if it results in: (a) the termination of the employment of Employees;employees; or (b) a major change to in the composition, operation or size of Fonterrathe employer’s workforce or to the skills required of Employees;employees; or (c) the elimination loss of, or diminution of reduction in, job opportunities (including opportunities for or promotion or tenure);opportunities; or (d) the loss of, or reduction in, job tenure or job security; or (e) the alteration of hours of work; (e) the need to retrain Employees;; or (f) the need for employees to Relocate Employees be retrained or transferred to another workplaceother work or locations; or (g) the restructuring of jobsjob restructuring. 8.10 (12) For a change referred to in paragraph 8.1(b)subclause (1)(b): (a) Fonterra the employer must notify the Relevant Employees relevant employees and their representatives (if any) in writing of the proposed change; and (b) sub-clauses 8.11 subclauses (13) to 8.15 (18) apply. 8.11 (13) The Relevant Employees relevant employee or employees may appoint advise the employer that a person or employee organisation is their representative for the purposes of the procedures in this termclause in relation to changes to regular rosters or ordinary hours of work. 8.12 ▇▇▇▇▇▇▇▇ must recognise any appointed representative if(14) If: (a) a Relevant Employee appointsrelevant employee, or Relevant Employees appointthe relevant employees, advise the employer that a person or employee organisation is their representative for the purposes of consultation; and (b) the Employee employee or Employees employees advise Fonterra the employer of the identity of the representative;; the employer must recognise the representative. 8.13 (15) As soon as practicable after proposing to introduce the change, ▇▇▇▇▇▇▇▇ the employer must: (a) discuss consult with the relevant Employees employees and their representatives (if any) about the introduction of the change, including by discussing the change with them; and (b) for the purposes of the discussionconsultation—provide to the Relevant Employees:relevant employees and their representatives (if any): (i) all relevant information about the change, including the nature and expected duration of the change; and (ii) information about what ▇▇▇▇▇▇▇▇ the employer reasonably believes will be the effects of the change on the Employeesemployees (including any effect on the employee’s remuneration); and (iii) information about any other matters that ▇▇▇▇▇▇▇▇ the employer reasonably believes are likely to affect the Employeesemployees; and (c) invite the Relevant Employees relevant employees and their representatives (if any) to give their views about the impact of the changechange (including any impact in relation to their family or caring responsibilities). 8.14 (16) However, Fonterra the employer is not required to disclose confidential or commercially sensitive information to the Relevant Employeesrelevant employees or their representatives (if any). 8.15 ▇▇▇▇▇▇▇▇ (17) The employer must give prompt and genuine consideration to matters raised about the change by the Relevant Employeesrelevant employees or their representatives (if any). (18) The employer will take reasonable steps to communicate the outcome of the consultation process including the consideration that was given to matters raised about the change to the regular roster or ordinary hours of work of employees by the relevant employees and their representatives (if any). (19) In this term:

Workplace Consultation. 8.1 (a) This term applies if Fonterrathe employer: (ai) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employeesemployees; or (bii) proposes to introduce a change to the regular roster or ordinary hours of work of Employeesemployees. 8.2 (b) For a major change referred to in clause 8.1(aparagraph (a)(i): (ai) Fonterra the employer must notify the relevant Employees employees of the decision to introduce the major change; and (bii) sub-clauses 8.3 subclauses (c) to 8.9 (i) apply. 8.3 (c) The Relevant Employees relevant employees may appoint a representative for the purposes of the procedures in this term. 8.4 ▇▇▇▇▇▇▇▇ must recognise any appointed representative if(d) If: (ai) a Relevant Employee relevant employee appoints, or Relevant Employees relevant employees appoint, a representative for the purposes of consultation; and (bii) the Employee employee or Employees employees advise Fonterra the employer of the identity of the representative;; the employer must recognise the representative. 8.5 (e) As soon as practicable after making its decision, Fonterra the employer must: (ai) discuss with the Relevant Employeesrelevant employees: (ia) the introduction of the change; and (iib) the effect the change is likely to have on the Employeesemployees; and (iiic) measures Fonterra the employer is taking to avert or mitigate the adverse effect of the change on the Employeesemployees; and (bii) for the purposes of the discussion—provide, in writing, to the Relevant Employeesrelevant employees: (ia) all relevant information about the change including the nature of the change proposed; and (iib) information about the expected effects of the change on the Employeesemployees; and (iiic) any other matters likely to affect the Employeesemployees. 8.6 (f) However, Fonterra the employer is not required to disclose confidential or commercially sensitive information to the Relevant Employeesrelevant employees. 8.7 Fonterra (g) The employer must give prompt and genuine consideration to matters raised about the major change by the Relevant Employeesrelevant employees. 8.8 (h) 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 Fonterrathe employer, the requirements set out in clause 8.2(aparagraph (b)(i) and sub-clauses 8.3 subclauses (c) and 8.5 (e) are taken not to apply. 8.9 (i) In this term, a major change is likely to have a significant effect on Employees employees if it results in: (ai) the termination of the employment of Employees;employees; or (bii) a major change to the composition, operation or size of Fonterrathe employer’s workforce or to the skills required of Employees;employees; or (ciii) the elimination or diminution of job opportunities (including opportunities for promotion or tenure);; or (div) the alteration of hours of work;; or (ev) the need to retrain Employees;employees; or (fvi) the need to Relocate Employees relocate employees to another workplace; or (gvii) the restructuring of jobs. 8.10 (j) For a change referred to in paragraph 8.1(b)(a)(i): (ai) Fonterra the employer must notify the Relevant Employees relevant employees of the proposed change; and (bii) sub-clauses 8.11 subclauses (k) to 8.15 (o) apply. 8.11 (k) The Relevant Employees relevant employees may appoint a representative for the purposes of the procedures in this term. 8.12 ▇▇▇▇▇▇▇▇ must recognise any appointed representative if(l) If: (ai) a Relevant Employee relevant employee appoints, or Relevant Employees relevant employees appoint, a representative for the purposes of consultation; and (bii) the Employee employee or Employees employees advise Fonterra the employer of the identity of the representative;; the employer must recognise the representative. 8.13 (m) As soon as practicable after proposing to introduce the change, ▇▇▇▇▇▇▇▇ the employer must: (ai) discuss with the relevant Employees employees the introduction of the change; and (bii) for the purposes of the discussion—provide to the Relevant Employeesrelevant employees: (ia) all relevant information about the change, including the nature of the change; and (iib) information about what ▇▇▇▇▇▇▇▇ the employer reasonably believes will be the effects of the change on the Employeesemployees; and (iiic) information about any other matters that ▇▇▇▇▇▇▇▇ the employer reasonably believes are likely to affect the Employeesemployees; and (ciii) invite the Relevant Employees relevant employees to give their views about the impact of the changechange (including any impact in relation to their family or caring responsibilities). 8.14 (n) However, Fonterra the employer is not required to disclose confidential or commercially sensitive information to the Relevant Employeesrelevant employees. 8.15 ▇▇▇▇▇▇▇▇ (o) The employer must give prompt and genuine consideration to matters raised about the change by the Relevant Employeesrelevant employees. (p) In this term: