Document ID: chunk:federal_register_of_legislation:F2025L00202:schedule:2:p1
Version: federal_register_of_legislation:F2025L00202
Segment Type: schedule
Provision Reference: sch 2 (pt 1/3)
Character Range: 7649–10975

Schedule 2—Model consultation term for enterprise agreements

Note: See section 6.

 Application of consultation term

        1.       This term applies if the employer:
               1.     has made a definite decision to introduce a major change to production, program, organisation, structure or technology that is likely to have a significant effect on employees to which this enterprise agreement applies; or
               2.     proposes to introduce a change to the regular roster or ordinary hours of work of employees.

Consultation in relation to major workplace change

        1.       For a major change referred to in subclause (1)(a):
            1.       the employer must notify the relevant employees of the decision to introduce the major change; and
            2.       subclauses (3) to (9) apply.
        1.       The relevant employee or employees may advise the employer that a person or employee organisation is their representative for the purposes of the procedures in this clause in relation to a major workplace change.
        2.       If:
            1.       a relevant employee, or the relevant employees, advise the employer that a person or employee organisation is their representative for the purposes of consultation; and
            2.       the employee or employees advise the employer of the identity of the representative;

    the employer must recognise the representative.

        1.       The employer must notify the relevant employees and their representatives (if any) of the decision to introduce the change.
        2.       As soon as practicable after making its decision, the employer must:
            1.       consult with the relevant employees and their representatives (if any), including by discussing with them:
                     1.             the introduction of the change; and
                     2.           the effect the change is likely to have on the employees; and
                     3.         measures to avoid or reduce any adverse effect of the change on the employees; and
            2.       for the purposes of the consultation—provide, in writing, to the relevant employees and their representatives (if any):
                 1.             all relevant information about the change including the nature of the change proposed; and
                 2.           the reasons or justification for the change; and
                 3.         information about the expected effects of the change on the employees; and
                 4.          any other matters likely to affect the employees.

        1.       However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees or their representatives (if any).
        2.       The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees and their representatives (if any).
        3.       The employer will take reasonable steps to communicate the outcome of the consultation process including the consideration that was given to matters raised about the major workplace change by the relevant employees and their representatives (if any).
        4.   If a term in this agreement provides for the introduction of a major workplace change in relation to