Employer’s duty to notify
Where an employer has made a definite decision to introduce major changes in program, organisation, curriculum, 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 the Union.
“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 the Agreement makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.
Employer’s duty to discuss change
The employer shall discuss with the employees affected and their Union, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and, where relevant, the Union, in relation to the changes.
The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes.
For the purposes of such discussion, the employer shall provide in writing to the employees concerned and the Union, 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 any employer shall not be required to disclose confidential information the disclosure of which would be inimical to the employer’s interests.
For further information regarding the introduction of a change process, please contact the IR Unit. The IR unit also provides template letters to assist employers implementing an introduction of a change process. These can be obtained by contacting the IR Unit on 03 9267 0431.
It is strongly recommended that employers contact the IR Unit prior to implementing an introduction of a change process.