AN150038 – Clerks (Retail Industry) Award
CLAUSE 3.1 INTRODUCTION OF CHANGE
OPDATE 12:03:2004 on and from
3.1.1 Notification of intended changes
3.1.1.1 Where an employer has made a firm decision to implement changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must as soon as practicable notify the employee who may be affected by the proposed changes and their Union.
3.1.1.2 Significant Effects include:
(a) termination of employment;
(b) major changes in the composition, operation or size of the employers workforce in the skills required;
(c) the elimination or diminution of job opportunities, promotion opportunities or job tenure;
(d) the alteration of hours of work;
(e) the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.
3.1.1.3 Where the Award makes provision for alteration of any of the matters in 3.1.1.2, an alteration will be deemed not to have significant effect.
3.1.2 Consultation with employees and their union
3.1.2.1 The employer must discuss with the employees affected and their Union, among other things:
(a) the introduction of the changes referred to in 3.1.1.1;
(b) the effects the changes are likely to have on employees;
(c) measures to avert or mitigate the adverse effects of such changes on employees.
The employer must give prompt consideration to matters raised by the employees and/or their Union in relation to the changes.
3.1.2.2 The discussions must commence as early as practicable after a firm decision has been made by the employer to make the changes referred to in 3.1.1.1.
3.1.2.3 For the purposes of such discussion, the employer must provide in writing to the employees concerned and the Union:
(a) all relevant information about the changes, including the nature of the changes proposed; and
(b) the expected effects of the changes on employees and any other matters likely to affect them.
3.1.2.4 Employers are not required to disclose confidential information disclosure of which, when looked at objectively, would be against the employers interests.
