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275. This Part applies if the Agency :

  1. has made a definite decision to introduce a major change to the production, program, organisation, structure, or technology in relation to its enterprise that is likely to have a significant effect on employees; or
  2. proposes to introduce a change to the regular roster or Ordinary Hours of work of employees.

276. In this Part, "relevant employees" means the employees who may be affected by a change referred to in clause 275.

Consultation on Major Changes affecting Employees

277. For a major change referred to in clause 275a) above:

  1. the Agency must notify the relevant employees of the decision to introduce the major change; and
  2. the following clauses apply.

278. The relevant employees may appoint a representative for the purposes of the procedures in this Part.

279. If a relevant employee(s) appoint(s) a representative for the purpose of consultation and the employee(s) advise(s) the Agency of the identity of the representative, the Agency must recognise the representative.

280. As soon as practicable after making the decision, the Agency must discuss with the relevant employees:

  1. the introduction of changes;
  2. the effect the changes are likely to have on employees; and
  3. measures to avert or mitigate the adverse effects of such changes on employees.

281. For the purpose of such discussions, the Agency must provide, in writing, to the relevant employees:

  1. relevant information about the changes including the nature of the changes proposed;
  2. information about the expected effects of the changes on employees; and
  3. any other matters likely to affect employees.

282. The Agency is not required to disclose confidential or commercially sensitive information to employees.

283. The Agency must give prompt and genuine consideration to matters raised by the employees in relation to the changes.

284. In this term, a major change is likely to have a significant effect on employees if it results in:

  1. termination of the employment of employees;
  2. major change to the composition, operation or size of the Agency's workforce or the skills required of employees;
  3. the elimination or diminution of job opportunities (including opportunities for promotion or tenure);
  4. the alteration of hours of work;
  5. the need to retrain employees;
  6. the need to relocate employees to another workplace; or
  7. the restructuring of jobs.

Change to Regular Roster or Ordinary Hours of Work

285. For a major change referred to in clause 275b)above:

  1. the Agency must notify the relevant employees of the proposed change; and
  2. clauses [286 to 290] apply.

286. The relevant employees may appoint a representative for the purposes of the procedures in this Part.

287. If a relevant employee(s) appoint(s) a representative for the purpose of consultation and the employee(s) advise(s) the Agency of the identity of the representative, the Agency must recognise the representative.

288. As soon as practicable after proposing to introduce the change, the Agency must:

  1. discuss with the relevant employees the introduction of the change; and
  2. for the purposes of the discussion—provide to the relevant employees:
    • all relevant information about the change, including the nature of the change; and
    • information about what the employer reasonably believes will be the effects of the change on the employees; and
    • information about any other matters that the employer reasonably believes are likely to affect the employees; and
    • invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).


289. The Agency is not required to disclose confidential or commercially sensitive information to employees.

290. The Agency must give prompt and genuine consideration to matters raised by the relevant employees in relation to the changes.

Employee Consultative Forum

291. The Agency will establish and maintain an Employee Consultative Forum for the life of this Agreement, which will also incorporate the WHS Committee.

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