Common use of CONSULTATIVE PROCESSES Clause in Contracts

CONSULTATIVE PROCESSES. 34.1 The parties commit to the following consultative principles: 34.1.1 Consultation involves the sharing of information and the exchange of views between employers and persons or bodies that must be consulted and the genuine opportunity for them to contribute effectively to any decision making process. 34.1.2 Consultation is undertaken with public sector employees and public sector representative organisations on matters that affect public sector employment. 34.1.3 Employers and Agencies consult in good faith, not simply advise what will be done. 34.1.4 It is an accepted principle that effective workplace relationships can only be achieved if appropriate consultation between the parties occurs on a regular basis. 34.1.5 Workplace change which will affect a significant number of employees should not be implemented before appropriate consultation has occurred with employee representatives. 34.1.6 Employee representatives will be given the opportunity to adequately consult with the people they represent in the workplace, in relation to any proposed changes that may affect employees’ working conditions or the services employees provide. 34.2 In relation to significant issues of public sector wide reform, the CPSE will consult with the “SA Unions” (i.e. formerly known as the UTLC) and Associations/Unions party to this Enterprise Agreement in accordance with the above principles. 34.3 When an Agency is giving serious consideration to workplace change, the applicable Agency must discuss with the parties to this Enterprise Agreement relevant to the change, including relevant employees, the proposed change and the effect the change is likely to have on the employees. 34.4 The Agency must discuss measures to avert or mitigate the adverse effect of the change on the employees. 34.4.1 For the purposes of the discussion the applicable Agency will provide the Union and relevant employees in writing: (a) all relevant information about the change including the nature of the changes proposed; and (b) information about the expected effects of the change on the employees; and (c) any other matters likely to affect the employees. 34.4.2 An Agency is not required to disclose confidential information the disclosure of which, when considered objectively, would be against the interests of the applicable agency or agencies or the Crown in Right of the State of South Australia. 34.4.3 The Agencies are committed to meaningful consultation and will give genuine consideration to matters raised about the proposed major change by the Union and relevant employees prior to a definite decision being made by the Agency. 34.4.4 As soon as practicable after a definite decision has been made, the Agency will notify the Union and the employees affected in writing. 34.5 If there is a dispute in relation to any provision in the Consultation clause, the dispute will be resolved in accordance with clause 35, Grievance and Dispute Avoidance Procedures of this Enterprise Agreement.