Common use of CONSULTATION TERM Clause in Contracts

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 restructuring of work. 12.11 In this term, relevant Employees mean the Employees who may be affected by the major change. 12.12 Where the Company proposes to change an employee's regular roster or ordinary working hours (except where the employee has irregular working hours), the employer must: • Consult with the affected employee(s) and their representatives, if any, about the proposed change • Provide the affected employee(s) and representatives, if any, with information about the proposed change • Invite the affected employee(s) and representatives, if any, to provide their views about the proposed change (including any impact to family responsibilities) • Give consideration to the views of the affected employee(s) and their representatives, if any 13.1 The Company will pay for the reasonable costs of an employee undertaking training or further education subject to Clauses 13.2 through 13.7. 13.2 Employees may be directed by the Company to attend training or further education during working hours and/or outside of working hours and/or in addition to working hours. 13.3 Where the Company directs Employees to attend training or further education, Employees will attend such training or further education either during working time and/or in addition to their 38 hour week. The Company will pay all the costs of this training or further education and pay Employees at ordinary time rates for their time spent in attendance. Notwithstanding anything else in this Agreement, under no circumstances will an Employee receive overtime payments for attendance at any training or further education at any time. 13.4 Where the Company does not direct an Employee to attend training or further education, the decision as to whether the Employee shall be paid for Employee's attendance at such training or further education, is at the sole discretion of the Company. 13.5 Where an Employee requests the Company to pay course fees for training or further education which the Company considers is not relevant to its needs, the Company may still agree to pay the course fees for such training or further education, however the Employee shall attend the training or further education outside of normal working hours and the Employee will not be paid any wages or other monies by the Company for their attendance at such training or further education.

CONSULTATION TERM. 12.1 9.1.1 This term applies ifif the employer: • The Company has made a definite decision to introduce a major change to production, program, organisation, structure, structure or technology in relation to its enterpriseenterprise that is likely to have a significant effect on the employees; 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 9.1.2 For a major change referred to in paragraph 9.1.1 (a) the employer must notify the relevant Employees employees of the decision to introduce the major change; and subclauses 9.1.3 to 9.1.9 apply. 12.3 9.1.3 The relevant Employees employees may appoint a representative for the purposes of the procedures in this term. 12.4 9.1.4 If: • The a relevant Employees appoint employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and • The Employees the employee or employees advise the Company employer of the identity of the representative; then • The Company the employer must recognise the representative. 12.5 9.1.5 As soon as practicable after making its decision, the Company must employer must: discuss with the relevant Employees: • The employees: (i) the introduction of the change; • The and (ii) the effect the change is likely to have on the Employeesemployees; and • Measures and (iii) measures the Company employer is taking to avert or mitigate the adverse effect of the change on the Employees. 12.6 For employees; and for the purposes of the discussion, the Company must —provide, in writing, to the relevant Employees: • All employees: (i) all relevant information about the change including the nature of the change proposed; _• Information and (ii) information about the expected effects of the change on the Employeesemployees; and • Any and (iii) any other matters likely to affect the Employeesemployees. 12.7 9.1.6 However, the Company employer is not required to disclose confidential or commercially sensitive information to the relevant Employeesemployees. 12.8 9.1.7 The Company employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employeesemployees. 12.9 9.1.8 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 Clauses 12.2, 12.3 paragraph 9.1.2(a) and 12.5 subclauses 9.1.3 and 9.1.5 are taken not to apply. 12.10 9.1.9 In this term, a major change is likely to have a significant effect on Employees employees if it results in: • The the termination of the employment of Employeesemployees; or • Major major change to the composition, operation or size of the Company's employer’s workforce or to the skills required of Employeesemployees; or • The the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or • The the alteration of hours of work; or • The the need to retrain Employeesemployees; or • The the need to relocate Employees employees to another workplace; or • The the restructuring of workjobs. 12.11 In this term, relevant Employees mean the Employees who may be affected by the major change. 12.12 Where the Company proposes to change an employee's regular roster or ordinary working hours (except where the employee has irregular working hours), the employer must: • Consult with the affected employee(s) and their representatives, if any, about the proposed change • Provide the affected employee(s) and representatives, if any, with information about the proposed change • Invite the affected employee(s) and representatives, if any, to provide their views about the proposed change (including any impact to family responsibilities) • Give consideration to the views of the affected employee(s) and their representatives, if any 13.1 The Company will pay for the reasonable costs of an employee undertaking training or further education subject to Clauses 13.2 through 13.7. 13.2 Employees may be directed by the Company to attend training or further education during working hours and/or outside of working hours and/or in addition to working hours. 13.3 Where the Company directs Employees to attend training or further education, Employees will attend such training or further education either during working time and/or in addition to their 38 hour week. The Company will pay all the costs of this training or further education and pay Employees at ordinary time rates for their time spent in attendance. Notwithstanding anything else in this Agreement, under no circumstances will an Employee receive overtime payments for attendance at any training or further education at any time. 13.4 Where the Company does not direct an Employee to attend training or further education, the decision as to whether the Employee shall be paid for Employee's attendance at such training or further education, is at the sole discretion of the Company. 13.5 Where an Employee requests the Company to pay course fees for training or further education which the Company considers is not relevant to its needs, the Company may still agree to pay the course fees for such training or further education, however the Employee shall attend the training or further education outside of normal working hours and the Employee will not be paid any wages or other monies by the Company for their attendance at such training or further education.

CONSULTATION TERM. 12.1 14.1 This term applies if: • The Company if the employer: 1. has made a definite decision to introduce a major change to production, program, organisation, structure, structure or technology in relation to its enterpriseenterprise that is likely to have a significant effect on the employees; or • The Company or 2. 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 14.2 For a major change referred to in paragraph 14.1(1): 1. the employer must notify the relevant Employees employees of the decision to introduce the major change; and 2. subclauses 14.3 to 14.9 apply. 12.3 14.3 The relevant Employees employees may appoint a representative for the purposes of the procedures in this term. 12.4 14.4 If: • The : 1. a relevant Employees appoint employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and • The Employees and 2. the employee or employees advise the Company employer of the identity of the representative; then • The Company the employer must recognise the representative. 12.5 14.5 As soon as practicable after making its decision, the Company must employer must: 1. discuss with the relevant Employees: • The employees: a) the introduction of the change; • The and b) the effect the change is likely to have on the Employeesemployees; and • Measures and c) measures the Company employer is taking to avert or mitigate the adverse effect of the change on the Employees.employees; and 12.6 For 2. for the purposes of the discussion, the Company must —provide, in writing, to the relevant Employees: • All employees: a) all relevant information about the change including the nature of the change proposed; _• Information and b) information about the expected effects of the change on the Employeesemployees; and • Any and c) any other matters likely to affect the Employeesemployees. 12.7 14.6 However, the Company employer is not required to disclose confidential or commercially sensitive information to the relevant Employeesemployees. 12.8 14.7 The Company employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employeesemployees. 12.9 14.8 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 Clauses 12.2, 12.3 paragraph 14.2(1) and 12.5 subclauses 14.3 and 14.5 are taken not to apply. 12.10 14.9 In this term, a major change is likely to have a significant effect on Employees employees if it results in: • The : 1. the termination of the employment of Employeesemployees; or • Major or 2. major change to the composition, operation or size of the Company's employer’s workforce or to the skills required of Employeesemployees; or • The or 3. the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or • The or 4. the alteration of hours of work; or • The or 5. the need to retrain Employeesemployees; or • The or 6. the need to relocate Employees employees to another workplace; or • The or 7. the restructuring of workjobs. 12.11 In 14.10 For a change referred to in paragraph 14.1.2: 1. the employer must notify the relevant employees of the proposed change; and 2. subclauses 14.11 to 14.15 apply. 14.11 The relevant employees may appoint a representative for the purposes of the procedures in this term, relevant Employees mean the Employees who may be affected by the major change. 12.12 Where 14.12 If: 1. a relevant employee appoints, or relevant employees appoint, a representative for the Company proposes to change an employee's regular roster or ordinary working hours (except where purposes of consultation; and 2. the employee has irregular working hours)or employees advise the employer of the identity of the representative; the employer must recognise the representative. 14.13 As soon as practicable after proposing to introduce the change, the employer must: • Consult : 1. discuss with the affected employee(srelevant employees the introduction of the change; and 2. for the purposes of the discussion—provide to the relevant employees: a) and their representatives, if any, about the proposed change • Provide the affected employee(s) and representatives, if any, with all relevant information about the proposed change, including the nature of the change; and b) information about what the employer reasonably believes will be the effects of the change • Invite on the affected employee(semployees; and c) and representatives, if any, information about any other matters that the employer reasonably believes are likely to provide affect the employees; and 3. invite the relevant employees to give their views about the proposed impact of the change (including any impact in relation to their family or caring responsibilities) • Give ). 14.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 14.15 The employer must give prompt and genuine consideration to matters raised about the views of change by the affected employee(s) and their representatives, if any 13.1 The Company will pay for the reasonable costs of an employee undertaking training or further education subject to Clauses 13.2 through 13.7relevant employees. 13.2 Employees may be directed by the Company to attend training or further education during working hours and/or outside of working hours and/or in addition to working hours. 13.3 Where the Company directs Employees to attend training or further education, Employees will attend such training or further education either during working time and/or in addition to their 38 hour week. The Company will pay all the costs of 14.16 In this training or further education and pay Employees at ordinary time rates for their time spent in attendance. Notwithstanding anything else in this Agreement, under no circumstances will an Employee receive overtime payments for attendance at any training or further education at any time. 13.4 Where the Company does not direct an Employee to attend training or further education, the decision as to whether the Employee shall be paid for Employee's attendance at such training or further education, is at the sole discretion of the Company. 13.5 Where an Employee requests the Company to pay course fees for training or further education which the Company considers is not relevant to its needs, the Company may still agree to pay the course fees for such training or further education, however the Employee shall attend the training or further education outside of normal working hours and the Employee will not be paid any wages or other monies by the Company for their attendance at such training or further education.term:

CONSULTATION TERM. 12.1 1. This term applies if: • The Company if the employer: a) has made a definite decision to introduce a major change to production, program, organisation, structure, structure or technology in relation to its enterpriseenterprise that is likely to have a significant effect on the employees; or • The Company or b) 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 2. For a major change referred to in paragraph (1)(a): a) the employer must notify the relevant Employees employees of the decision to introduce the major change; and b) subclauses (3) to (9) apply. 12.3 3. The relevant Employees employees may appoint a representative for the purposes of the procedures in this term. 12.4 4. If: • The : a) a relevant Employees appoint employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and • The Employees and b) the employee or employees advise the Company employer of the identity of the representative; then • The Company ; c) the employer must recognise the representative. 12.5 5. As soon as practicable after making its decision, the Company must employer must: a) discuss with the relevant Employees: • The employees: i. the introduction of the change; • The and ii. the effect the change is likely to have on the Employeesemployees; and • Measures and iii. measures the Company employer is taking to avert or mitigate the adverse effect of the change on the Employees.employees; and 12.6 For b) for the purposes of the discussion, the Company must —provide, in writing, to the relevant Employees: • All employees: i. all relevant information about the change including the nature of the change proposed; _• Information and ii. information about the expected effects of the change on the Employeesemployees; and • Any and iii. any other matters likely to affect the Employeesemployees. 12.7 6. However, the Company employer is not required to disclose confidential or commercially sensitive information to the relevant Employeesemployees. 12.8 7. The Company employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employeesemployees. 12.9 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 Clauses 12.2, 12.3 paragraph (2)(a) and 12.5 subclauses (3) and (5) are taken not to apply. 12.10 9. In this term, a major change is likely to have a significant effect on Employees employees if it results in: • The : a) the termination of the employment of Employeesemployees; or • Major or b) major change to the composition, operation or size of the Company's employer’s workforce or to the skills required of Employeesemployees; or • The or c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or • The or d) the alteration of hours of work; or • The or e) the need to retrain Employeesemployees; or • The or f) the need to relocate Employees employees to another workplace; or • The or g) the restructuring of workjobs. 12.11 10. For a change referred to in paragraph (1)(b): a) the employer must notify the relevant employees of the proposed change; and b) subclauses (11) to (15) apply. 11. The relevant employees may appoint a representative for the purposes of the procedures in this term. 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; c) the employer must recognise the representative. 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). 14. However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 15. The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 16. In this term, term relevant Employees mean employees means the Employees employees who may be affected by the major changea change referred to in subclause (1). 12.12 Where the Company proposes to change an employee's regular roster or ordinary working hours (except where the employee has irregular working hours), the employer must: • Consult with the affected employee(s) and their representatives, if any, about the proposed change • Provide the affected employee(s) and representatives, if any, with information about the proposed change • Invite the affected employee(s) and representatives, if any, to provide their views about the proposed change (including any impact to family responsibilities) • Give consideration to the views of the affected employee(s) and their representatives, if any 13.1 The Company will pay for the reasonable costs of an employee undertaking training or further education subject to Clauses 13.2 through 13.7. 13.2 Employees may be directed by the Company to attend training or further education during working hours and/or outside of working hours and/or in addition to working hours. 13.3 Where the Company directs Employees to attend training or further education, Employees will attend such training or further education either during working time and/or in addition to their 38 hour week. The Company will pay all the costs of this training or further education and pay Employees at ordinary time rates for their time spent in attendance. Notwithstanding anything else in this Agreement, under no circumstances will an Employee receive overtime payments for attendance at any training or further education at any time. 13.4 Where the Company does not direct an Employee to attend training or further education, the decision as to whether the Employee shall be paid for Employee's attendance at such training or further education, is at the sole discretion of the Company. 13.5 Where an Employee requests the Company to pay course fees for training or further education which the Company considers is not relevant to its needs, the Company may still agree to pay the course fees for such training or further education, however the Employee shall attend the training or further education outside of normal working hours and the Employee will not be paid any wages or other monies by the Company for their attendance at such training or further education.

CONSULTATION TERM. 12.1 8.1 This term applies if: • The Company : 8.1.1 an Employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprisea ▇▇▇▇▇▇▇▇’▇ restaurant; or • The Company proposes to introduce a change to and 8.1.2 the regular roster or ordinary hours of work of employees, and; • The change is likely to have a significant effect on Employees employees of the CompanyEmployer. 12.2 8.2 The Company Employer must notify the relevant Employees employees of the decision to introduce the major change. 12.3 8.3 The Employer must notify and discuss with the SDA its decision to introduce the major change. 8.4 The relevant Employees employees may appoint a representative for the purposes of the procedures in this term. 12.4 8.5 If: • The : 8.5.1 a relevant Employees appoint employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and • The Employees and 8.5.2 the employee or employees advise the Company Employer of the identity of the representative; then • The Company the Employer must recognise the representative. 12.5 8.6 As soon as practicable after making its decision, the Company must Employer must: 8.6.1 discuss with the relevant Employees: • The employees: (i) the introduction of the change; • The and (ii) the effect the change is likely to have on the Employeesemployees; and • Measures and (iii) measures the Company Employer is taking to avert or mitigate the adverse effect of the change on the Employees.employees; and 12.6 For 8.6.2 for the purposes of the discussion, the Company must discussion – provide, in writing, to the relevant Employees: • All employees; (i) all relevant information about the change including the nature of the change proposed; _• Information and (ii) information about the expected effects of the change on the Employeesemployees; and • Any and (iii) any other matters likely to affect the Employees. 12.7 employees. However, the Company Employer is not required to disclose confidential or commercially sensitive information to the relevant Employeesemployees. 12.8 8.7 The Company Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employeesemployees. 12.9 8.8 If a term in this the Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of ▇▇▇▇▇▇▇▇’▇ restaurant operated by the CompanyEmployer, the requirements set out in Clauses 12.2subclauses 8.2, 12.3 8.3, 8.4 and 12.5 8.6 are taken not to apply. 12.10 8.9 In this term, a major change is likely to have a significant effect on Employees employees if it results in: • The : 8.9.1 the termination of the employment of Employeesemployees; or • Major or 8.9.2 major change to the composition, operation or size of the Company's Employer’s workforce or to the skills required of Employeesemployees; or • The or 8.9.3 the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or • The or 8.9.4 the alteration of hours of work; or • The or 8.9.5 the need to retrain Employeesemployees; or • The or 8.9.6 the need to relocate Employees employees to another workplace; or • The or 8.9.7 the restructuring of workjobs. 12.11 8.10 In this term, relevant Employees mean employees means the Employees employees who may be affected by the major change. 12.12 Where the Company proposes to change an employee's regular roster or ordinary working hours (except where the employee has irregular working hours), the employer must: • Consult with the affected employee(s) and their representatives, if any, about the proposed change • Provide the affected employee(s) and representatives, if any, with information about the proposed change • Invite the affected employee(s) and representatives, if any, to provide their views about the proposed change (including any impact to family responsibilities) • Give consideration to the views of the affected employee(s) and their representatives, if any 13.1 The Company will pay for the reasonable costs of an employee undertaking training or further education subject to Clauses 13.2 through 13.7. 13.2 Employees may be directed by the Company to attend training or further education during working hours and/or outside of working hours and/or in addition to working hours. 13.3 Where the Company directs Employees to attend training or further education, Employees will attend such training or further education either during working time and/or in addition to their 38 hour week. The Company will pay all the costs of this training or further education and pay Employees at ordinary time rates for their time spent in attendance. Notwithstanding anything else in this Agreement, under no circumstances will an Employee receive overtime payments for attendance at any training or further education at any time. 13.4 Where the Company does not direct an Employee to attend training or further education, the decision as to whether the Employee shall be paid for Employee's attendance at such training or further education, is at the sole discretion of the Company. 13.5 Where an Employee requests the Company to pay course fees for training or further education which the Company considers is not relevant to its needs, the Company may still agree to pay the course fees for such training or further education, however the Employee shall attend the training or further education outside of normal working hours and the Employee will not be paid any wages or other monies by the Company for their attendance at such training or further education.