AN150140 – Social and Community Services Award
PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION
CLAUSE 3.1 INTRODUCTION OF CHANGE
OPDATE 04:11:2005 on and from
3.1.1 Notification of intended changes
3.1.1.1 Where an employer has made a definite decision to implement changes in production, programme, organisation, structure or technology that are likely to have significant effects on employees, the employer must as soon as practicable notify the employees who may be affected by the proposed changes and the Union.
3.1.1.2 Significant effects include:
(a) termination of employment;
(b) major changes in the composition, operation or size of the employer's workforce or 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 Provided that where the Award makes provision for the alteration of any of the matters referred to herein, an alteration will be deemed not to have significant effect.
3.1.2 Consultation with employees and the Union
3.1.2.1 The employer will discuss with the employees affected and the Union, among other things:
(a) the introduction of the changes referred to in clause 3.1.1.1;
(b) the effects such 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 the Union in relation to the changes.
3.1.2.2 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 3.1.1.1.
3.1.2.3 For the purpose of such discussion, the employer will 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 other matters likely to affect them.
Employers are not required to disclose confidential information, the disclosure of which, when looked at objectively, would be against the employer's interests.
