Common use of Workplace Consultation Clause in Contracts

Workplace Consultation. (a) This clause applies if Strandbags: (i) 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 (ii) Proposes to introduce a change to the 'regular roster' or ordinary hours of work of employees. (b) For a ‘major change’ (referred to above): (i) Strandbags must notify the relevant employees of the decision to introduce the major change; and (ii) Paragraphs (c) to (h) apply. (c) The relevant employees may appoint a representative for the purposes of the procedures in this term. (d) if: (i) A relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (ii) The employee or employees advise Strandbags of the identity of the representative; (iii) Strandbags must recognise the representative. (e) As soon as practicable after making its decision. Strandbags must: (i) Discuss with the relevant employees; (A) The introduction of the change; and (B) The effect the change is likely to have on the employees; and (C) The measures Strandbags is taking to avert or mitigate the adverse effect of the change on the employees; and (ii) For the purposes of the discussion provide, in writing, to the relevant employees: (A) Ail relevant information about the change including the nature of the change proposed; and (B) Information about the expected effects of the change on the employees; and (C) Any other matters likely to affect the employees. (f) However, Strandbags is not required to disclose confidential or commercially sensitive information to the relevant employees. (g) Strandbags must give prompt and genuine consideration to matters raised about the major change by the relevant employees. (h) In this clause, a major change is ‘likely to have a significant effect on employees' if it results in: (i) The termination of the employment of employees; or (ii) Major change to the composition, operation or size of Strandbags workforce or to the skills required of employees: or (iii) The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (iv) The alteration of hours of work; or (v) The need to retrain employees; or (vi) The need to relocate employees to another workplace; or (vii) The restructuring of jobs.

Workplace Consultation. (a) This clause term applies if Strandbagsthe employer: (i) Has has made 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 employees; or (ii) Proposes proposes to introduce a change to the 'regular roster' roster or ordinary hours of work of employees. (b) For a ‘major change’ (change referred to abovein paragraph (a)(i): (i) Strandbags the employer must notify the relevant employees of the decision to introduce the major change; and (ii) Paragraphs subclauses (c) to (hi) apply. (c) The relevant employees may appoint a representative for the purposes of the procedures in this term. (d) ifIf: (i) A a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (ii) The the employee or employees advise Strandbags the employer of the identity of the representative; (iii) Strandbags ; the employer must recognise the representative. (e) As soon as practicable after making its decision. Strandbags , the employer must: (i) Discuss discuss with the relevant employees;: (Aa) The the introduction of the change; and (Bb) The the effect the change is likely to have on the employees; and (Cc) The measures Strandbags the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (ii) For for the purposes of the discussion discussion—provide, in writing, to the relevant employees: (Aa) Ail all relevant information about the change including the nature of the change proposed; and (Bb) Information information about the expected effects of the change on the employees; and (Cc) Any any other matters likely to affect the employees. (f) However, Strandbags the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (g) Strandbags The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. (h) 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 paragraph (b)(i) and subclauses (c) and (e) are taken not to apply. (i) In this clauseterm, a major change is ‘likely to have a significant effect on employees' employees if it results in: (i) The the termination of the employment of employees; or (ii) Major major change to the composition, operation or size of Strandbags the employer’s workforce or to the skills required of employees: ; or (iii) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (iv) The the alteration of hours of work; or (v) The the need to retrain employees; or (vi) The the need to relocate employees to another workplace; or (vii) The the restructuring of jobs. (j) For a change referred to in paragraph (a)(i): (i) the employer must notify the relevant employees of the proposed change; and (ii) subclauses (k) to (o) apply. (k) The relevant employees may appoint a representative for the purposes of the procedures in this term. (l) If: (i) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (ii) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. (m) As soon as practicable after proposing to introduce the change, the employer must: (i) discuss with the relevant employees the introduction of the change; and (ii) for the purposes of the discussion—provide to the relevant employees: (a) all relevant information about the change, including the nature of the change; and (b) information about what the employer reasonably believes will be the effects of the change on the employees; and (c) information about any other matters that the employer reasonably believes are likely to affect the employees; and (iii) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). (n) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (o) The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. (p) In this term:

Workplace Consultation. (a) 38.1 This clause term applies if Strandbagsif: (i) Has the Company has made a definite decision to introduce a 'major change’ change to production, program, organisation, structure structure, or technology in relation to its enterprise that enterprise; and (ii) the change is likely to have a significant effect on employees of the employees; orCompany. (iiiii) Proposes the company proposes to introduce a change to the 'regular roster' roster or ordinary hours of work of employees. (b) For a ‘major change’ (referred to above): (i) Strandbags 38.2 The Company must notify the relevant employees of the decision to introduce the major change; and (ii) Paragraphs (c) to (h) apply. (c) 38.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. (d) if38.4 If: (i) A a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (ii) The the employee or employees advise Strandbags the Company of the identity of the representative; (iii) Strandbags ; the Company must recognise the representative. (e) 38.5 As soon as practicable after making its decision. Strandbags , the company must: (a) discuss with the relevant employees: (i) Discuss with the relevant employees; (A) The introduction of the change; and (Bii) The the effect the change is likely to have on the employees; and (Ciii) The measures Strandbags the company is taking to avert or mitigate the adverse effect of the change on the employees; and (iib) For for the purposes of the discussion provide, in writing, to the relevant employees: (Ai) Ail all relevant information about the change including the nature of the change proposed; and (Bii) Information information about the expected effects of the change on the employees; and (Ciii) Any any other matters likely to affect the employees. (f) 38.6 However, Strandbags the Company is not required to disclose confidential or commercially sensitive information to the relevant employees. (g) Strandbags 38.7 The Company must give prompt and genuine consideration to matters raised about the major change by the relevant employees. (h) 38.8 If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the operations of the Company, the requirements set out in subclauses 38.2, 38.3 and 38.5 are taken not to apply. 38.9 In this clauseterm, a major change is ‘likely to have a significant effect on employees' employees if it results in: (i) The the termination of the employment of employees; or (ii) Major major change to the composition, operation or size of Strandbags the Company's workforce or to the skills required of employees: ; or (iii) The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (iv) The the alteration of hours of work; or (v) The the need to retrain employees; or (vi) The the need to relocate employees to another workplace; or (vii) The the restructuring of jobs. (viii) In this term, relevant employees means the employees who may be affected by the major change. 38.10 For a change referred to in Clause 38.1(iii): (a) the Company must notify the relevant employees of the proposed change; and (b) subclauses 38.11 to 38.15 apply. 38.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 38.12 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 Company of the identity of the representative; the Company must recognise the representative. 38.13 As soon as practicable after proposing to introduce the change, the Company 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 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 to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 38.14 However, the Company is not required to disclose confidential or commercially sensitive information to the relevant employees. 38.15 The Company must give prompt and genuine consideration to matters raised about the change by the relevant employees. 38.16 In this term: relevant employees means the employees who may be affected by a change referred to in subclause 38.1.

Workplace Consultation. (a) This clause applies if Strandbagsif: (i) Has the Surgery has made a definite decision to introduce a 'major change’ 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 employees; or (ii) Proposes to introduce a change to the 'regular roster' one or ordinary hours more of work of employeesour Employees. (b) For a ‘major change’ (referred to above): (i) Strandbags The Surgery must notify the relevant employees of the decision to introduce the major change; and (ii) Paragraphs (c) to (h) apply. (c) The relevant employees may appoint a representative for the purposes of the procedures contained in this termclause. (d) ifIf: (i) A a relevant employee Employee appoints, or relevant employees Employees appoint, a representative for the purposes of consultation; and (ii) The employee the Employee or employees Employees advise Strandbags the Surgery of the identity of the representative; (iii) Strandbags must ; then the Surgery shall recognise the representative. (e) As soon as practicable after making its decision. Strandbags must, the Surgery shall: (i) Discuss discuss with the relevant employees;: (A) The the introduction of the change; and (B) The the effect the change is likely to have on the employees; and (C) The measures Strandbags the Surgery is taking to avert or mitigate the adverse effect of the change on the employees; and (ii) For for the purposes of the discussion — provide, in writing, to the relevant employees: (A) Ail all relevant information about the change including the nature of the change proposed; and (B) Information information about the expected effects of the change on the employees; and and (C) Any C)any other matters likely to affect the employees.) (f) However, Strandbags The Surgery Manager is not required to disclose confidential or commercially sensitive information to the relevant employeesEmployees. (g) Strandbags The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant employeesEmployees. (h) In For the purposes of this clauseEnterprise Agreement, a major change is ‘likely to have a significant effect on employees' employees if it results in: (i) The i. the termination of the employment of employees; or (ii) Major or major change to the composition, operation or size of Strandbags the employer’s workforce or to the skills required of employees: ; or (iii) The ii. the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (iv) The iii. the alteration of hours of work; or (v) The iv. the need to retrain employees; or (vi) The v. the need to relocate employees to another workplace; or (vii) The vi. the restructuring of jobs. (i) For the purposes of this Enterprise Agreement, ‘relevant employees’ means the Nurses who may be affected by the major change.

Workplace Consultation. (a) This clause applies if Strandbagsdnata: (i) Has made Is seriously considering introducing 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 (ii) Proposes to introduce a change to the '‘regular roster' ’ or ordinary hours of work of employees. (b) For a ‘major change’ (referred to above): (i) Strandbags dnata must notify the relevant employees and the unions of the decision to introduce the major changechange that it is seriously considering; and (ii) Paragraphs (c) to (hSubclauses 7.4(a)-(g) apply. (c) The relevant employees may appoint a the union or other representative for the purposes of the procedures in this term. (d) ifIf: (i) A relevant employee appoints, or relevant employees appoint, a the union or other representative for the purposes of consultation; and (ii) The employee or employees advise Strandbags dnata of the identity of the representative; (iii) Strandbags ; dnata must recognise the representative. (e) As soon as practicable after making its decision. Strandbags communicating the major change that it is seriously considering, dnata must: (i) Discuss with the relevant employees; (A) : - The introduction of the change; and (B) and - The effect the change is likely to have on the employees; and (C) and - The measures Strandbags dnata is taking to avert or mitigate the adverse effect of the change on the employees; and. (ii) For the purposes of the discussion discussion--provide, in writing, to the relevant employees: (A) Ail : - All relevant information about the change including the nature of the change proposed; and (B) and - Information about the expected effects of the change on the employees; and (C) and - Any other matters likely to affect the employees. (f) However, Strandbags dnata is not required to disclose confidential or commercially sensitive information to the relevant employees. (g) Strandbags dnata must give prompt and genuine consideration to matters raised about the major change by the relevant employees. (h) In this clause, a major change is ‘likely to have a significant effect on employees' ’ if it results in: (i) The termination of the employment of employees; or (ii) Major change to the composition, operation or size of Strandbags dnata’s workforce or to the skills required of employees: ; or (iii) The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (iv) The alteration of hours of work; or (v) The need to retrain employees; or (vi) The need to relocate employees to another workplace; or (vii) The restructuring of jobs.