PR546288 |
FAIR WORK COMMISSION |
DETERMINATION |
Fair Work Act 2009
Schedule 4, item 5 amendments made by the Fair Work Amendment Act 2013
Consultation clause in modern awards
(AM2013/24)
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 24 DECEMBER 2013 |
Consultation about changes to rosters or hours of work.
A. Further to the decision of 23 December 2013 1 it is ordered that the modern awards listed in Appendix A be varied as follows:
1. By deleting clause “X—Consultation regarding major workplace change” appearing in the relevant clauses for each modern award listed in Appendix A to this determination and inserting the following:
X. CONSULTATION
X.1 Consultation regarding major workplace change
(i) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.
(ii) Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
(b) Employer to discuss change
(i) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause X.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause X.1(a).
(iii) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.
X.2 Consultation about changes to rosters or hours of work
(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.
(b) The employer must:
(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);
(ii) invite the employee or employees affected 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
(iii) give 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 requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.
(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.
B. This determination comes into force on and from 1 January 2014.
PRESIDENT
Appendix A
Modern award title |
Award ID |
Clause to be varied |
Aboriginal Community Controlled Health Services Award 2010 |
8 | |
Aged Care Award 2010 |
8 | |
Air Pilots Award 2010 |
9 | |
Aircraft Cabin Crew Award 2010 |
9 | |
Airline Operations—Ground Staff Award 2010 |
9 | |
Airport Employees Award 2010 |
9 | |
Alpine Resorts Award 2010 |
8 | |
Aluminium Industry Award 2010 |
8 | |
Ambulance and Patient Transport Industry Award 2010 |
8 | |
Amusement, Events and Recreation Award 2010 |
8 | |
Animal Care and Veterinary Services Award 2010 |
8 | |
Aquaculture Industry Award 2010 |
8 | |
Architects Award 2010 |
9 | |
Asphalt Industry Award 2010 |
8 | |
Banking, Finance and Insurance Award 2010 |
8 | |
Black Coal Mining Industry Award 2010 |
8 | |
Book Industry Award 2010 |
8 | |
Broadcasting and Recorded Entertainment Award 2010 |
8 | |
Building and Construction General On-site Award 2010 |
8 | |
Business Equipment Award 2010 |
9 | |
Car Parking Award 2010 |
8 | |
Cement and Lime Award 2010 |
8 | |
Cemetery Industry Award 2010 |
8 | |
Children’s Services Award 2010 |
8 | |
Cleaning Services Award 2010 |
8 | |
Clerks—Private Sector Award 2010 |
8 | |
Coal Export Terminals Award 2010 |
8 | |
Commercial Sales Award 2010 |
8 | |
Concrete Products Award 2010 |
8 | |
Contract Call Centre Award 2010 |
8 | |
Corrections and Detention (Private Sector) Award 2010 |
8 | |
Cotton Ginning Award 2010 |
8 | |
Dredging Industry Award 2010 |
8 | |
Dry Cleaning and Laundry Industry Award 2010 |
8 | |
Educational Services (Post-Secondary Education) Award 2010 |
8 | |
Educational Services (Schools) General Staff Award 2010 |
8 | |
Educational Services (Teachers) Award 2010 |
8 | |
Electrical Power Industry Award 2010 |
8 | |
Electrical, Electronic and Communications Contracting Award 2010 |
8 | |
Fast Food Industry Award 2010 |
8 | |
Fire Fighting Industry Award 2010 |
8 | |
Fitness Industry Award 2010 |
8 | |
Food, Beverage and Tobacco Manufacturing Award 2010 |
9 | |
Funeral Industry Award 2010 |
8 | |
Gardening and Landscaping Services Award 2010 |
8 | |
Gas Industry Award 2010 |
8 | |
General Retail Industry Award 2010 |
8 | |
Graphic Arts, Printing and Publishing Award 2010 |
9 | |
Hair and Beauty Industry Award 2010 |
8 | |
Health Professionals and Support Services Award 2010 |
8 | |
Higher Education Industry—Academic Staff—Award 2010 |
8 | |
Higher Education Industry—General Staff—Award 2010 |
8 | |
Horse and Greyhound Training Award 2010 |
8 | |
Horticulture Award 2010 |
8 | |
Hospitality Industry (General) Award 2010 |
8 | |
Hydrocarbons Field Geologists Award 2010 |
8 | |
Hydrocarbons Industry (Upstream) Award 2010 |
8 | |
Joinery and Building Trades Award 2010 |
8 | |
Journalists Published Media Award 2010 |
8 | |
Labour Market Assistance Industry Award 2010 |
8 | |
Legal Services Award 2010 |
8 | |
Live Performance Award 2010 |
8 | |
Local Government Industry Award 2010 |
8 | |
Mannequins and Models Award 2010 |
8 | |
Manufacturing and Associated Industries and Occupations Award 2010 |
9 | |
Marine Tourism and Charter Vessels Award 2010 |
8 | |
Marine Towage Award 2010 |
8 | |
Maritime Offshore Oil and Gas Award 2010 |
8 | |
Market and Social Research Award 2010 |
8 | |
Meat Industry Award 2010 |
9 | |
Medical Practitioners Award 2010 |
8 | |
Mining Industry Award 2010 |
8 | |
Miscellaneous Award 2010 |
8 | |
Mobile Crane Hiring Award 2010 |
8 | |
Nursery Award 2010 |
8 | |
Nurses Award 2010 |
8 | |
Oil Refining and Manufacturing Award 2010 |
8 | |
Passenger Vehicle Transportation Award 2010 |
8 | |
Pastoral Award 2010 |
8 | |
Pest Control Industry Award 2010 |
8 | |
Pharmaceutical Industry Award 2010 |
8 | |
Pharmacy Industry Award 2010 |
8 | |
Plumbing and Fire Sprinklers Award 2010 |
8 | |
Port Authorities Award 2010 |
8 | |
Ports, Harbours and Enclosed Water Vessels Award 2010 |
8 | |
Poultry Processing Award 2010 |
8 | |
Premixed Concrete Award 2010 |
8 | |
Professional Diving Industry (Industrial) Award 2010 |
8 | |
Professional Diving Industry (Recreational) Award 2010 |
8 | |
Professional Employees Award 2010 |
9 | |
Quarrying Award 2010 |
8 | |
Racing Clubs Events Award 2010 |
8 | |
Racing Industry Ground Maintenance Award 2010 |
8 | |
Rail Industry Award 2010 |
8 | |
Real Estate Industry Award 2010 |
8 | |
Registered and Licensed Clubs Award 2010 |
8 | |
Restaurant Industry Award 2010 |
8 | |
Road Transport (Long Distance Operations) Award 2010 |
8 | |
Road Transport and Distribution Award 2010 |
9 | |
Salt Industry Award 2010 |
8 | |
Seafood Processing Award 2010 |
8 | |
Seagoing Industry Award 2010 |
8 | |
Security Services Industry Award 2010 |
8 | |
Silviculture Award 2010 |
8 | |
Social, Community, Home Care and Disability Services Industry Award 2010 |
8 | |
Sporting Organisations Award 2010 |
8 | |
State Government Agencies Administration Award 2010 |
8 | |
Stevedoring Industry Award 2010 |
8 | |
Storage Services and Wholesale Award 2010 |
9 | |
Sugar Industry Award 2010 |
8 | |
Supported Employment Services Award 2010 |
8 | |
Surveying Award 2010 |
9 | |
Telecommunications Services Award 2010 |
8 | |
Textile, Clothing, Footwear and Associated Industries Award 2010 |
9 | |
Timber Industry Award 2010 |
9 | |
Transport (Cash in Transit) Award 2010 |
8 | |
Travelling Shows Award 2010 |
8 | |
Vehicle Manufacturing, Repair, Services and Retail Award 2010 |
8 | |
Waste Management Award 2010 |
8 | |
Water Industry Award 2010 |
8 | |
Wine Industry Award 2010 |
8 | |
Wool Storage, Sampling and Testing Award 2010 |
8 |
Printed by authority of the Commonwealth Government Printer
<Price code C>