Common use of OF CHANGE Clause in Contracts

OF CHANGE. 10.1 For the purpose of this clause the following comments made by ▇▇▇▇▇ ▇. in CPSU, the Community and Public Sector Union v Vodafone Network Pty Ltd (Print PR911257) are adopted: ‘Consultation is not perfunctory advice on what is about to happen. This is common misconception. Consultation is providing the individual, or other relevant persons, with a bona fide opportunity to influence the decision maker… Consultation is not joint decision-making or even a negative or frustrating barrier to the prerogative of management to make decisions. Consultation allows the decision making process to be informed, particularly as it may affect the employment prospects of individuals.’ 10.2 In this clause “relevant employees” means an employee or employees who may be affected by a change referred to in this clause 10. 10.3 Where the employer is proposing to introduce a major change that is likely to have a “significant effect” on employees, such as a change to the organisation, structure, program or technology in relation to its enterprise, or the introduction of new technology or mandated changes to work practices it will consult the relevant employees and the unions in accordance with this clause. 10.4 For the purposes of major change under subclause 10.3 “significant effect” includes: (a) the termination of employment of employees; (b) major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); (d) the alteration of hours of work for employees; (e) the need to retrain employees; (f) the need to relocate employees to another workplace/s; (g) the restructuring of jobs. 10.5 The employer will provide the employees and the unions with the following information, in writing: (a) the nature of the change; (b) the rationale for the change; and (c) the expected impact on affected employees. 10.6 Alternative proposals provided by employees or a union must be submitted in a timely manner so as not to lead to any unreasonable delay or detrimental impact on the employer’s operations and should address the rationale and benefits detailed in the employer’s advice of the proposed change. 10.7 Where employees or a union provide alternative proposals, the employer will give prompt consideration to those alternative proposals and respond to employees or the union, including the reasons. 10.8 Any dispute concerning the parties' obligations under this clause will be dealt with in accordance with clause 11 (Resolution of Disputes and Grievances). 10.9 Consultation about changes to rosters or hours of work (a) Where the employer proposes to change the regular roster or ordinary hours of work of an employee or employees, the employer must consult with the relevant employee and employees, and their representatives, if any, about the proposed change. (b) The employer must: (i) provide to the relevant employee or employees and their representatives, if any, all relevant information about the proposed change, including information about the nature of the change to the regular roster or ordinary hours of work and when that change is proposed to commence; (ii) provide information about what the employer reasonably believes will be the effects of the change on employees; (iii) invite the relevant employee or employees, and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and (iv) give prompt and genuine consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives. (c) The employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (d) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.

OF CHANGE. 10.1 For the purpose of this clause the following comments made by ▇▇▇▇▇ ▇. in CPSU, the Community and Public Sector Union v Vodafone Network Pty Ltd (Print PR911257) are adopted: ‘Consultation is not perfunctory advice on what is about to happen. This is common misconception. Consultation is providing the individual, or other relevant persons, with a bona fide opportunity to influence the decision maker… Consultation is not joint decision-decision- making or even a negative or frustrating barrier to the prerogative of management to make decisions. Consultation allows the decision making process to be informed, particularly as it may affect the employment prospects of individuals.’ 10.2 In this clause “relevant employees” means an employee or employees who may be affected by a change referred to in this clause 10. 10.3 Where the employer is proposing to introduce a major change that is likely to have a “significant effect” on employees, such as a change to the organisation, structure, program or technology in relation to its enterprise, or the introduction of new technology or mandated changes to work practices practices, it will consult the relevant employees and the unions in accordance with this clause. 10.4 For the purposes of major change under subclause 10.3 “significant effect” includes: (a) the termination of employment of employees; (b) major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); (d) the alteration of hours of work for employees; (e) the need to retrain employees; (f) the need to relocate employees to another workplace/s; (g) the restructuring of jobs. 10.5 The employer will provide the relevant employees and the unions with the following information, in writing: (a) the nature of the change; (b) the rationale for the change; and (c) the expected impact on affected employees. 10.6 Alternative proposals provided by employees or a union must be submitted in a timely manner so as not to lead to any unreasonable delay or detrimental impact on the employer’s operations and should address the rationale and benefits detailed in the employer’s advice of the proposed change. 10.7 Where employees or a union provide alternative proposals, the employer will give prompt consideration to those alternative proposals and respond to employees or the union, including the reasons. 10.8 Any dispute concerning the parties' obligations under this clause will be dealt with in accordance with clause 11 (Resolution of Disputes and Grievances). 10.9 Consultation about changes to rosters or hours of work (a) Where the employer proposes to change the regular roster or ordinary hours of work of an employee or employees, the employer must consult with the relevant employee and employees, and their representatives, if any, about the proposed change. (b) The employer must: (i) provide to the relevant employee or employees and their representatives, if any, all relevant information about the proposed change, including information about the nature of the change to the regular roster or ordinary hours of work and when that change is proposed to commence; (ii) provide information about what the employer reasonably believes will be the effects of the change on employees; (iii) invite the relevant employee or employees, and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and (iv) give prompt and genuine consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives. (c) The employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (d) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours. 10.10 The parties may be represented for the purposes of consultation in accordance with this clause 10.