Common use of CONSULTATION TERM Clause in Contracts

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 opportunities for promotion or tenure); or (iv) the alteration of hours of work; or (v) the need to retrain Team Members; or (vi) the need to relocate Team Members to another workplace; or (vii) the restructuring of jobs.

CONSULTATION TERM. 10.1 This term applies if: (a) This term applies if the Company: (i) The employer has made a definite decision to introduce a major change to production, program, organisation, structure structure, or technology in relation to its enterprise that is likely to have a significant effect on Team Membersthe employees; or (iib) The employer proposes to introduce a change to the regular roster or ordinary hours of work of Team Membersemployees. (b) 10.2 For a major change referred to in subclause 50(a)(iparagraph 10.1(a): (ia) the Company The employer must notify the relevant Team Members employees of the decision to introduce the major change; and (iib) subclauses 50(c) Subclauses 10.3 to 50(i) of this Agreement 10.9 apply. (c) 10.3 The relevant Team Members employees may appoint a representative for the purposes of the procedures in this term. (d) 10.4 If: (ia) a A relevant Team Member employee appoints, or relevant Team Members employees appoint, a representative for the purposes of consultation; and (iib) the Team Member The employee or Team Members employees advise the Company employer of the identity of the representative; the Company employer must recognise the representative. (e) 10.5 As soon as practicable after making its decision, the Company employer must: (ia) discuss Discuss with the relevant Team Members: A. the employees: • The introduction of the change; and B. the and • The effect the change is likely to have on the Team Membersemployee; and C. measures and • Measures the Company employer is taking to avert or mitigate the adverse effect of the change on the Team Membersemployees; and (iib) for For the purposes of the discussion – — provide, in writing, to the relevant Team Members: A. all employees: • All relevant information about the change including the nature of the change proposed; and B. information and • Information about the expected effects of the change on the Team Membersemployees; and C. any and • Any other matters likely to affect the Team Membersemployees. (f) 10.6 However, the Company employer is not required to disclose confidential or commercially sensitive information to the relevant Team Membersemployees. (g) 10.7 The Company employer must give prompt and genuine consideration to matters raised about the major change by the relevant Team Membersemployees. (h) 10.8 If a term in this Agreement enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Companyemployer, the requirements set out in subclauses 50(b)(i(10.2 (a)), 50(c(10.3) and 50(e(10.5) are taken not to apply. (i) 10.9 In this term, a major change is likely to have a significant effect on Team Members employees if it results in: (ia) the The termination of the employment of Team Membersemployees; or (iib) major Major change to the composition, operation or size of the Companyemployer’s workforce or to the skills required of Team Membersemployees; or (iiic) the The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (ivd) the The alteration of hours of work; or (ve) the The need to retrain Team Membersemployees; or (vif) the The need to relocate Team Members employees to another workplace; or (viig) the The restructuring of jobs. Change to regular roster or ordinary hours of work 10.10 For a change referred to in paragraph 10. 1 (b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses 10. 11 to 10.15 apply. 10.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 10.12 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 employer of the identity of the representative; the employer must recognise the representative. 10.13 As soon as practicable after proposing to introduce the change, the employer 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: • all relevant information about the change, including the nature of the change; and • information about what the employer reasonably believes will be the effects of the change on the employees; and • information about any other matters that the employer 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). 10.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 10.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 10.16 In this term:

CONSULTATION TERM. (a) ‌ 6.3.1. This term applies if the Company: (i) 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 Team Membersthe Employees; or (ii) b. proposes to introduce a change to the regular roster or ordinary hours of work of Team Members.Employees. Major change (b) 6.3.2. For a major change referred to in subclause 50(a)(i):Clause 6.3.1. (i) a. the Company must notify the relevant Team Members Employees of the decision to introduce the major change; and (ii) b. subclauses 50(c) 6.3.3 to 50(i) of this Agreement 6.3.9 apply. (c) 6.3.3. The relevant Team Members Employees may appoint a representative for the purposes of the procedures in this term. (d) 6.3.4. If: (i) a. a relevant Team Member Employee appoints, or relevant Team Members Employees appoint, a representative for the purposes of consultation; and (ii) b. the Team Member Employee or Team Members Employees advise the Company of the identity of the representative; the The Company must recognise the representative. (e) 6.3.5. As soon as practicable after making its decision, the Company must: (i) a. discuss with the relevant Team MembersEmployees: A. i) the introduction of the change; and B. ii) the effect the change is likely to have on the Team MembersEmployees; and C. iii) measures the Company is taking to avert or mitigate the adverse effect of the change on the Team MembersEmployees; and (ii) b. for the purposes of the discussion – discussion--provide, in writing, to the relevant Team MembersEmployees: A. i) all relevant information about the change including the nature of the change proposed; and B. ii) information about the expected effects of the change on the Team MembersEmployees; and C. iii) any other matters likely to affect the Team MembersEmployees. (f) 6.3.6. However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Team MembersEmployees. (g) 6.3.7. The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Team MembersEmployees. (h) 6.3.8. 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 Clause 6.3.2 a. and subclauses 50(b)(i), 50(c) Clause 6.3.3 and 50(e) Clause 6.3.5 are taken not to apply. (i) 6.3.9. In this term, a major change is likely to have a significant effect on Team Members Employees if it results in: (i) a. the termination of the employment of Team MembersEmployees; or (ii) b. major change to the composition, operation or size of the Company’s Company workforce or to the skills required of Team MembersEmployees; or (iii) c. the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (iv) d. the alteration of hours of work; or (v) e. the need to retrain Team MembersEmployees; or (vi) f. the need to relocate Team Members Employees to another workplace; or (vii) g. the restructuring of jobsrole/s. Change to regular roster or ordinary hours of work 6.3.10. For a change referred to in Clause 6.3.1 b. a. the Company must notify the relevant Employees of the proposed change; and b. Clauses 6.3.11 to 6.3.15 apply. 6.3.11. The relevant Employees may appoint a representative for the purposes of the procedures in this term. 6.3.12. If: a. a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and b. the Employee or Employees affected and their representatives, if any, about the proposed change.advise the Company of the identity of the representative; the Company must recognise the representative. 6.3.13. 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). 6.3.14. However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees. 6.3.15. The Company must give prompt and genuine consideration to matters raised about the change by the relevant Employees. 6.3.16. Once a final decision has been made by the Company, it will promptly notify the Employees and their nominated representatives of the decision in writing, and explain the effects of the decision.

CONSULTATION TERM. (a) 7.1 This term applies if the CompanyEmployer: (ia) 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 Membersthe Employees; or (iib) proposes to introduce a change to the regular roster or ordinary hours of work of Team MembersEmployees. (b) 7.2 For a major change referred to in subclause 50(a)(iclause 7.1(a): (ia) the Company Employer must notify the relevant Team Members Employees of the decision to introduce the major change; and (iib) subclauses 50(c) clauses 7.3 to 50(i) of this Agreement 7.9 apply. (c) 7.3 The relevant Team Members Employees may appoint a representative for the purposes of the procedures in this term. (d) 7.4 If: (ia) a relevant Team Member Employee appoints, or relevant Team Members Employees appoint, a representative for the purposes of consultation; and (iib) the Team Member Employee or Team Members Employees advise the Company Employer of the identity of the representative; representative - the Company Employer must recognise the representative. (e) 7.5 As soon as practicable after making its decision, the Company Employer must: (ia) discuss with the relevant Team MembersEmployees: A. i. the introduction of the change; and B. ii. the effect the change is likely to have on the Team MembersEmployees; and C. iii. measures the Company Employer is taking to avert or mitigate the adverse effect of the change on the Team MembersEmployees; and (iib) for the purposes of the discussion – discussion—provide, in writing, to the relevant Team MembersEmployees: A. i. all relevant information about the change including the nature of the change proposed; and B. ii. information about the expected effects of the change on the Team MembersEmployees; and C. iii. any other matters likely to affect the Team MembersEmployees. (f) 7.6 However, the Company Employer is not required to disclose confidential or commercially sensitive information to the relevant Team MembersEmployees. (g) 7.7 The Company Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Team MembersEmployees. (h) 7.8 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 CompanyEmployer, the requirements set out in subclauses 50(b)(i), 50(cclause 7.2(a) and 50(e) clauses 7.3 and 7.5 are taken not to apply. (i) 7.9 In this term, a major change is likely to have a significant effect on Team Members Employees if it results in: (ia) the termination of the employment of Team MembersEmployees; or (iib) major change to the composition, operation or size of the CompanyEmployer’s workforce or to the skills required of Team MembersEmployees; or (iiic) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (ivd) the alteration of hours of work; or (ve) the need to retrain Team MembersEmployees; or (vif) the need to relocate Team Members Employees to another workplace; or (viig) the restructuring of jobs. 7.10 For a change referred to in clause 7.1(b): a) the Employer must notify the relevant Employees of the proposed change; and b) clauses 7.11 to 7.15 apply. 7.11 The relevant Employees may appoint a representative for the purposes of the procedures in this term. 7.12 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 Employer of the identity of the representative; the Employer must recognise the representative. 7.13 As soon as practicable after proposing to introduce the change, the Employer 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 Employer reasonably believes will be the effects of the change on the Employees; and iii. information about any other matters that the Employer 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). 7.14 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 7.15 The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees. 7.16 In this term relevant Employees means the Employees who may be affected by a change referred to in clause 7.1.

CONSULTATION TERM. (a) 18.1. This term applies if the if: The Company: (ia) 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 Membersthe Employees; or (iib) proposes to introduce a change to the regular roster or ordinary hours of work of Team MembersEmployees. (b) 18.2. For a major change referred to in subclause 50(a)(i):paragraph 18.1 (ia) the Company employer must notify the relevant Team Members Employees of the decision to introduce the major change; and (iib) subclauses 50(c) 18.3 to 50(i) of this Agreement 18.9 apply. (c) 18.3. The relevant Team Members Employees may appoint a representative for the purposes of the procedures in this term. (d) 18.4. If: (ia) a A relevant Team Member Employee appoints, or relevant Team Members Employees appoint, a representative for the purposes of consultation; and (iib) the Team Member The Employee or Team Members Employees advise the Company employer of the identity of the representative; the Company employer must recognise the representative. (e) 18.5. As soon as practicable after making its decision, the Company must: (ia) discuss Discuss with the relevant Team MembersEmployees: A. the (i) The introduction of the change; and B. the (ii) The effect the change is likely to have on the Team MembersEmployees; and C. measures (iii) Measures the Company employer is taking to avert or mitigate the adverse effect of the change on the Team MembersEmployees; and (iib) for For the purposes of the discussion – — provide, in writing, to the relevant Team MembersEmployees: A. all (i) All relevant information about the change including the nature of the change proposed; and B. information (ii) Information about the expected effects of the change on the Team MembersEmployees; and C. any (iii) Any other matters likely to affect the Team MembersEmployees. (f) 18.6. However, the Company is not required to disclose confidential or commercially sensitive information to the relevant Team MembersEmployees. (g) 18.7. The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Team MembersEmployees. (h) 18.8. If a term in this Agreement the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Companyemployer, the requirements set out in subclauses 50(b)(i)18.2 a, 50(c) 18.3 and 50(e) 18.5 are taken not to apply. (i) 18.9. In this term, a major change is likely to have a significant effect on Team Members Employees if it results in: (ia) the The termination of the employment of Team MembersEmployees; or (iib) major Major change to the composition, operation or size of the Company’s workforce or to the skills required of Team MembersEmployees; or (iiic) the The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (ivd) the The alteration of hours of work; or (ve) the The need to retrain Team MembersEmployees; or (vif) the The need to relocate Team Members Employees to another workplace; or (viig) the The restructuring of jobs. 18.10. For a change referred to in paragraph 18.1b: (a) the employer must notify the relevant Employees of the proposed change; and (b) clauses 18.11 to 18.15 apply.