Common use of Major Change Clause in Contracts

Major Change. (a) For a major change referred to in paragraph 1.13.1(a): (i) Mater must notify the relevant Employees of the decision to introduce the major change; and (ii) subclauses (b) to (h) apply. (b) The relevant Employees may appoint a representative for the purposes of the procedures in this clause. (c) If: (i) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (ii) the Employee or Employees advise Mater of the identity of the representative; Mater must recognise the representative. (d) As soon as practicable after making its decision, Mater 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. measures Mater 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. 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 Employees; and c. any other matters likely to affect the Employees. (e) However, Mater is not required to disclose confidential or commercially sensitive information to the relevant Employees. (f) Mater must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. (g) If a clause in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of Mater, the requirements set out in sub clauses 1.13.2 (a)(i), (b) and (d) are taken not to apply. (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 Mater'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.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Major Change. (a) 21.2.1 For a major change referred to in paragraph 1.13.1(a):21.1.1: (ia) Mater ACES must notify the relevant Employees of the decision to introduce the major change; and (iib) subclauses (b) 21.2.4 to (h) 21.2.8 apply. (b) 21.2.2 The relevant Employees may appoint a representative for the purposes of the procedures in this clauseterm. (c) 21.2.3 If: (ia) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (iib) the Employee or Employees advise Mater ACES of the identity of the representative; Mater and (c) ACES must recognise the representative. (d) 21.2.4 As soon as practicable after making its decision, Mater ACES must: (ia) discuss with the relevant Employees: a. i. the introduction of the change; and b. ii. the effect the change is likely to have on the Employees; and c. iii. measures Mater ACES is taking to avert or mitigate the adverse effect of the change on the Employees; and. (iib) for the purposes of the discussion provide, in writing, to the relevant Employees: 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 Employees; and c. iii. and any other matters likely to affect the Employees. (e) 21.2.5 However, Mater ACES is not required to disclose confidential or commercially sensitive information to the relevant Employees. (f) Mater 21.2.6 ACES must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. (g) 21.2.7 If a clause term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of MaterACES, the requirements set out in sub clauses 1.13.2 (a)(i), (bclause 21.2.3(a) and (d) subclauses 21.2.4 and 21.2.6 are taken not to apply. (h) 21.2.8 In this clauseterm, a major change is likely to have a significant effect on Employees if it results in: (ia) the termination of the employment of Employees; or (iib) major change to the composition, operation or size of Mater's the ACES workforce or to the skills required of Employees; 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 Employees; or (vif) the need to relocate Employees to another workplace; or (viig) the restructuring of jobs. 21.2.9 For a change referred to in paragraph 21.1.2: (a) ACES must notify the relevant Employees of the proposed change; and (b) subclauses 21.2.12 to 21.1.15 apply. 21.2.10 The relevant Employees may appoint a representative for the purposes of procedures in this term. 21.2.11 If: (a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise ACES of the identity of the representative; ACES must recognise the representative. 21.2.12 As soon as practicable after making its decision, ACES 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 ACES reasonably believes will be the effects of the change on the Employees; and iii. information about any other matters that ACES reasonably believes are likely to affect the Employees; and iv. 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). 21.2.13 However, ACES is not required to disclose confidential or commercially sensitive information to the relevant Employees. 21.2.14 ACES must give prompt and genuine consideration to matters raised about the change by the relevant Employees. 21.2.15 In this term: relevant Employees means the employees who may be affected by a change referred to in subclause 21.1.1.

Appears in 1 contract

Sources: Enterprise Agreement

Major Change. (a) For a major change referred to in paragraph 1.13.1(aclause 3.1(a): (i) Mater the Company must notify the relevant Employees of the decision to introduce the major change; and (ii) subclauses (b) to (h) apply. (b) The relevant Employees An Employee may appoint a representative for the purposes of the procedures in this clauseterm. (c) If: (i) a relevant an Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (ii) the Employee or Employees advise Mater the Company of the identity of the representative; Mater the Company must recognise the representative. (d) As soon as practicable after making its decision, Mater the Company must: (i) discuss with the relevant Employees: a. (A) the introduction of the change; and b. (B) the effect the change is likely to have on the Employees; and c. (C) measures Mater 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: a. (A) all relevant information about the change including the nature of the change proposed; and b. (B) information about the expected effects of the change on the Employees; and c. (C) any other matters likely to affect the Employees. (e) However, Mater the Company is not required to disclose confidential or commercially sensitive information to the relevant Employees. (f) Mater The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. (g) If a clause term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of Materthe Company, the requirements set out in sub clauses 1.13.2 (a)(i), clause 3.1(a) and subclauses (b) and (d) are taken not to apply. (h) In this clauseterm, 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 Mater's workforce or to the skills PDMRU FKDQJH WR WKH FRPSRVLWLRQ RSHUDWLRQ RU VL 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.

Appears in 1 contract

Sources: Enterprise Agreement

Major Change. (a) 51.2.1 For a major change referred to in paragraph 1.13.1(aclause 51.1(a): (ia) Mater SBS must notify the relevant Employees of the decision to introduce the major change; and (ii) subclauses (b) to (h) the provisions of this subclause 51.2 apply. (b) 51.2.2 The relevant Employees may appoint a representative for the purposes of the procedures in this clause. (c) term. If: (ia) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (iib) the Employee or Employees advise Mater SBS of the identity of the representative; Mater SBS must recognise the representative. (d) 51.2.3 As soon as practicable after making its decision, Mater SBS must: (ia) discuss with the relevant Employees: a. (i) the introduction of the change; and; b. (ii) the effect the change is likely to have on the Employees; and c. (iii) measures Mater SBS is taking to avert or mitigate the any adverse effect of the change on the Employees; and (iib) for the purposes of the discussion provide, in writing, to the relevant Employees: a. (i) all relevant information about the change change, including the nature of the change proposed; and; b. (ii) information about the expected effects of the change on the Employees; and c. (iii) any other matters likely to affect the Employees. (e) 51.2.4 However, Mater SBS is not required to disclose confidential or commercially sensitive information to the relevant Employees. (f) Mater 51.2.5 SBS must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. (g) 51.2.6 If a clause term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of Materthe employer, the requirements set out in sub clauses 1.13.2 (a)(i), (bsubclause 51.2.1(a) and (d) subclauses 51.2.2 and 51.2.3 are taken not to apply. (h) 51.2.7 In this clauseterm, a major change is likely to have a significant effect on Employees employees if it results inin any of the following: (ia) the termination of the employment of Employees; or; (iib) major change to the composition, operation or size of Mater's SBS’s workforce or to the skills required of Employees; 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 Employees; or; (vif) the need to relocate Employees to another workplace; or; (viig) the restructuring of jobs.

Appears in 1 contract

Sources: Enterprise Agreement