CONSULTATION TERM Clause Samples
CONSULTATION TERM. 49.1 This term applies if the 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 employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of work of employees.
49.2 For a major change referred to in paragraph 49.1(a):
(a) the employer must notify the relevant employees of the decision to introduce the major change; and
(b) subclauses 49.3 to 49.9 apply.
49.3 The relevant employees may appoint a representative for the purposes of the procedures in this term.
49.4 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.
49.5 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.
49.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
49.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
49.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph 49.2(a) and subclauses 49.3 and 49.5 are taken not to apply.
49.9 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; 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); ...
CONSULTATION TERM. (a) This clause applies if the Company:
(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. Major change
(b) For a major change referred to in clause 43(a)(i):
(i) The Company must notify the relevant Employees of the decision to introduce the major change; and
(ii) Subclauses 43(c) to (i) apply.
(c) The relevant Employees may appoint a representative for the purposes of the procedures in this clause.
(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 the Company of the identity of the representative; the Company must recognise the representative.
(e) As soon as practicable after making its decision, the Company must:
(i) Discuss with the relevant Employees: ▪ the introduction of the change; and ▪ the effect the change is likely to have on the Employees; and ▪ measures the Company 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: ▪ all relevant information about the change including the nature of the change proposed; and ▪ information about the expected effects of the change on the Employees; and ▪ any other matters likely to affect the Employees.
(f) However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
(g) The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
(h) If a clause in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Company, the requirements set out in clause 43(b)(i) and subclauses 43(c) and (e) are taken not to apply.
(i) In this term, 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 the Company’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 alte...
CONSULTATION TERM. This term applies if the Employer:
10.1.1 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 Employees; or
10.1.2 proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
CONSULTATION TERM. 266.1 This term applies if the 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 employees; or
b. proposes to introduce a change to the regular roster or ordinary hours of work of employees.
CONSULTATION TERM a) This term applies if:
i) the employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and
ii) the change is likely to have a significant effect on employees of the enterprise.
b) The employer must notify the relevant employees of the decision to introduce the major change.
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 the employer of the identity of the representative; The employer must recognise the representative.
e) As soon as practicable after making its decision, the employer must:
i) 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
ii) 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.
f) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
g) The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
h) If a term in the enterprise 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 subclauses (b), (c) and (e) are taken not to apply.
i) In this term, 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 the employer‘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.
j) In this term, releva...
CONSULTATION TERM. (a) This term applies if the Company:
(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 Team Members; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of work of Team Members.
(b) For a major change referred to in subclause 50(a)(i):
(i) the Company must notify the relevant Team Members of the decision to introduce the major change; and
(ii) subclauses 50(c) to 50(i) of this Agreement apply.
(c) The relevant Team Members may appoint a representative for the purposes of the procedures in this term.
(d) If:
(i) a relevant Team Member appoints, or relevant Team Members appoint, a representative for the purposes of consultation; and
(ii) the Team Member or Team Members advise the Company of the identity of the representative; the Company must recognise the representative.
(e) As soon as practicable after making its decision, the Company must:
(i) discuss with the relevant Team Members:
A. the introduction of the change; and
B. the effect the change is likely to have on the Team Members; and
C. measures the Company is taking to avert or mitigate the adverse effect of the change on the Team Members; and
(ii) for the purposes of the discussion – provide, in writing, to the relevant Team Members:
A. all relevant information about the change including the nature of the change proposed; and
B. information about the expected effects of the change on the Team Members; and
C. any other matters likely to affect the Team Members.
(f) However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Team Members.
(g) The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Team Members.
(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 Company, the requirements set out in subclauses 50(b)(i), 50(c) and 50(e) are taken not to apply.
(i) In this term, a major change is likely to have a significant effect on Team Members if it results in:
(i) the termination of the employment of Team Members; or
(ii) major change to the composition, operation or size of the Company’s workforce or to the skills required of Team Members; or
(iii) the elimination or diminution of job opportunities (including...
CONSULTATION TERM. 12.1 This term applies if: • The Company has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; or • The Company proposes to introduce a change to the regular roster or ordinary hours of work of employees, and; • The change is likely to have a significant effect on Employees of the Company.
12.2 The Company must notify the relevant Employees of the decision to introduce the major change.
12.3 The relevant Employees may appoint a representative for the purposes of the procedures in this term.
12.4 If: • The relevant Employees appoint a representative for the purposes of consultation; and • The Employees advise the Company of the identity of the representative; then • The Company must recognise the representative.
12.5 As soon as practicable after making its decision, the Company must discuss with the relevant Employees: • The introduction of the change; • The effect the change is likely to have on the Employees; and • Measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees.
12.6 For the purposes of the discussion, the Company must provide, in writing, to the relevant Employees: • All relevant information about the change including the nature of the change proposed; _• Information about the expected effects of the change on the Employees; and • Any other matters likely to affect the Employees.
12.7 However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees.
12.8 The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
12.9 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 Company, the requirements set out in Clauses 12.2, 12.3 and 12.5 are taken not to apply.
12.10 In this term, a major change is likely to have a significant effect on Employees if it results in: • The termination of the employment of Employees; or • Major change to the composition, operation or size of the Company's workforce or to the skills required of Employees; or • The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or • The alteration of hours of work; or • The need to retrain Employees; or • The need to relocate Employees to another workplace; or • The restructur...
CONSULTATION TERM. 1. This term applies if the Company:
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. Major Change
2. For a major change referred to in paragraph 1a:
a. the Company must notify the relevant employees and/or nominated representatives of the decision to introduce the major change; and
b. subclauses (3) to (9) apply.
3. The relevant employees may appoint a representative for the purposes of the procedures in this term.
4. 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.
5. As soon as practicable after making its decision, the Company must;
a. discuss with the relevant employees and/or nominated representatives:
i. the introduction of the change; and
ii. the effect the change is likely to have on the employees; and
iii. measures the Company 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.
6. However, the Company is not required to disclose confidential or commercially sensitive information to the relevant employees.
7. The Company must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
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 the Company, the requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply.
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; or
b. major change to the composition, operation or size of the Company’s workforce or to the skills required of employees; or
c. the elimination or diminution of job opportunities (including opportunities fo...
CONSULTATION TERM. 8.1. This term applies if the Company:
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.
CONSULTATION TERM. 4.1 Upon the expiration or termination of the term of employment, other than a termination of this Agreement pursuant to paragraph 5.1 hereof, and commencing six months following the date of such expiration for the remainder of the term of this Agreement (the “Consultation Term”), Executive shall be retained to provide consulting services to the Company not as an employee but as an independent contractor. During the Consultation Term, Executive shall provide consulting services and advice to the Company as the Company may reasonably request, from time to time, not to exceed 40 hours per month. Such consulting services shall include advice and consultation regarding the business of the Company and may include, without limitation, (i) participation in distributor meetings and activities, (ii) research and development regarding products, (iii) evaluation of products and food technology. Executive shall not be required to undertake any assignment inconsistent with the dignity, importance, and scope of his prior position or with his physical and mental health at the time.
4.2 During the term of the Consulting Term, the Company shall pay to Executive a monthly consulting fee in the Current Amount for his services as provided in this paragraph 4. The “Current Amount” shall mean an amount determined as of July 1 of each of the years 2019 and 2022 by multiplying the Prior Current Amount by a fraction the numerator of which shall be the National Consumer Price Index (NCPI) as of June 30 of the year in which the determination is made and the denominator of which shall be the NCPI as of the date such Prior Current Amount shall have been determined. The “Prior Current Amount” shall mean (a) for the determination to be made of the Current Amount as of July 1, 2019, the Base Amount, which is determined as of July 1, 2013 or (b) for the determinations to be made as of July 1, 2019 and July 1, 2022, the Current Amount as determined as of each of the dates July 1, 2016 or July 1, 2019, respectively. The “Base Amount” shall be $13,000.