AN160140 – Gate, Fence and Frames Manufacturing Award
(1) Employer's Duty to Notify:
(a) Where an employer has had a definite decision to introduce major changes in production, programme, organisation, structure or technology that are likely to have "significant effects" on employees, the employer shall notify the employees who may be affected by the proposed changes, and their union.
(b) "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 re-training or transfer of employees to other work or locations and the re-structuring of jobs. Provided that where the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have "significant effects".
(2) Employer's Duty to Discuss Change:
(a) The employer shall discuss with the employees affected and their union, the introduction of the changes referred to in subclause (1) of this clause, among other things, the effects the changes are likely to have on employees, measures to avoid or minimise the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or their union in relation to the changes.
(b) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in subclause (1) of this clause.
(c) For the purpose of such discussion, the employer shall provide in writing to the employees concerned and their union, all relevant information about the changes, including the nature of the changes proposed; the expected effects of the changes on employees and other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would be inimical to the employer's interests.
