Common use of Workplace Consultation Clause in Contracts

Workplace Consultation. 38.1 This term applies if: (i) the Company 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 Company. (iii) the company proposes to introduce a change to the regular roster or ordinary hours of work of employees. 38.2 The Company must notify the relevant employees of the decision to introduce the major change. 38.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 38.4 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. 38.5 As soon as practicable after making its decision, the company 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 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. 38.6 However, the Company is not required to disclose confidential or commercially sensitive information to the relevant employees. 38.7 The Company must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 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 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 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. (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. 38.1 (a) This term clause applies ifif Strandbags: (i) the Company has Has made a definite decision to introduce a 'major change change’ to production, program, organisation, structure, structure or technology in relation to its enterprise; and (ii) the change enterprise that is likely to have a significant effect on employees of the Company.employees; or (iiiii) the company proposes Proposes to introduce a change to the 'regular roster roster' or ordinary hours of work of employees. 38.2 The Company (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. 38.3 (c) The relevant employees may appoint a representative for the purposes of the procedures in this term. 38.4 If(d) 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 the Company Strandbags of the identity of the representative; the Company ; (iii) Strandbags must recognise the representative. 38.5 (e) As soon as practicable after making its decision, the company . Strandbags must: (a) discuss with the relevant employees: (i) Discuss with the relevant employees; (A) The introduction of the change; and (iiB) the The effect the change is likely to have on the employees; and (iiiC) The measures the company Strandbags is taking to avert or mitigate the adverse effect of the change on the employees; and (bii) for For the purposes of the discussion provide, in writing, to the relevant employees: (iA) all Ail relevant information about the change including the nature of the change proposed; and (iiB) information Information about the expected effects of the change on the employees; and (iiiC) any Any other matters likely to affect the employees. 38.6 (f) However, the Company Strandbags is not required to disclose confidential or commercially sensitive information to the relevant employees. 38.7 The Company (g) Strandbags must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 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 (h) In this termclause, 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 the Company's Strandbags 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. 38.1 15.1. This term applies ifif the Company: (ia) the Company has made a definite decision to introduce a major change to production, program, organisation, structure, structure or technology in relation to its enterprise; and (ii) the change enterprise that is likely to have a significant effect on employees of the Company.employees; or (iiib) the company proposes to introduce a change to the regular roster or ordinary hours of work of employees. 38.2 The Company 15.2. For a major change referred to in paragraph 15.1(a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses 15.3 to 15.8 apply. 38.3 15.3. The relevant employees may appoint a representative for the purposes of the procedures in this term. 38.4 15.4. If: (ia) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (iib) the employee or employees advise the Company employer of the identity of the representative; the Company employer must recognise the representative. 38.5 15.5. As soon as practicable after making its decision, the company 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 company employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion 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. 38.6 15.6. However, the Company employer is not required to disclose confidential or commercially sensitive information to the relevant employees.sensitive 38.7 15.7. The Company must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 38.8 15.8. If a term in the enterprise this agreement provides for a major change to production, program, organisation, structure or technology in relation to the operations enterprise of the Companyemployer, the requirements set out in paragraph 15.2(a) and subclauses 38.2, 38.3 15.3 and 38.5 15.5 are taken not to apply. 38.9 15.9. In this term, 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 the Companyemployer'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.. Change to regular roster or ordinary hours of work (viii) In this term, relevant employees means the employees who may be affected by the major change. 38.10 15.10. For a change referred to in Clause 38.1(iiiparagraph 15.1(b): (a) the Company employer must notify the relevant employees of the proposed change; and (b) subclauses 38.11 15.11 to 38.15 15.15 apply. 38.11 15.11. The relevant employees may appoint a representative for the purposes of the procedures in this term. 38.12 15.12. 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 employer of the identity of the representative; the Company employer must recognise the representative. 38.13 15.13. As soon as practicable after proposing to introduce the change, the Company 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 Company employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the Company 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). 38.14 15.14. However, the Company employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 38.15 15.15. The Company employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 38.16 15.16. In this term: relevant employees means the employees who may be affected by a change referred to in subclause 38.1.: