MA000109 - Decision - 24 Dec 2013

PR546288

FAIR WORK COMMISSION

DETERMINATION



Fair Work Act 2009

Schedule 4,item 5 amendments made by the Fair Work Amendment Act 2013

Consultation clause in modern awards
(AM2013/24)


JUSTICE ROSS,PRESIDENT
SENIOR DEPUTY PRESIDENT WATSON
COMMISSIONER WILSON

MELBOURNE,24 DECEMBER 2013

Consultation about changes to rosters or hours of work.

A. Further to the decision of 23 December 2013 1 it is ordered that the modern awards listed in Appendix A be varied as follows:

1. By deleting clause “X—Consultation regarding major workplace change”appearing in the relevant clauses for each modern award listed in Appendix A to this determination and inserting the following:

X. CONSULTATION

X.1 Consultation regarding major workplace change

(a) Employer to notify

    (i) Where an employer has made a definite decision to introduce major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must notify the employees who may be affected by the proposed changes and their representatives,if any.

    (ii) 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 this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

(b) Employer to discuss change

    (i) The employer must discuss with the employees affected and their representatives,if any,the introduction of the changes referred to in clause X.1(a),the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

    (ii) 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 X.1(a).

    (iii) For the purposes of such discussion,the employer must provide in writing to the employees concerned and their representatives,if any,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 no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.

X.2 Consultation about changes to rosters or hours of work

(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work,the employer must consult with the employee or employees affected and their representatives,if any,about the proposed change.

(b) The employer must:

    (i) provide to the employee or employees affected and their representatives,if any,information about the proposed change (for example,information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

    (ii) invite the employee or employees affected and their representatives,if any,to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);and

    (iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

(c) The requirement to consult under this clause does not apply where an employee has irregular,sporadic or unpredictable working hours.

(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

B. This determination comes into force on and from 1 January 2014.

PRESIDENT

Appendix A

Modern award title

Award ID

Clause to be varied

   

Aboriginal Community Controlled Health Services Award 2010

MA000115

8

Aged Care Award 2010

MA000018

8

Air Pilots Award 2010

MA000046

9

Aircraft Cabin Crew Award 2010

MA000047

9

Airline Operations—Ground Staff Award 2010

MA000048

9

Airport Employees Award 2010

MA000049

9

Alpine Resorts Award 2010

MA000092

8

Aluminium Industry Award 2010

MA000060

8

Ambulance and Patient Transport Industry Award 2010

MA000098

8

Amusement,Events and Recreation Award 2010

MA000080

8

Animal Care and Veterinary Services Award 2010

MA000118

8

Aquaculture Industry Award 2010

MA000114

8

Architects Award 2010

MA000079

9

Asphalt Industry Award 2010

MA000054

8

Banking,Finance and Insurance Award 2010

MA000019

8

Black Coal Mining Industry Award 2010

MA000001

8

Book Industry Award 2010

MA000078

8

Broadcasting and Recorded Entertainment Award 2010

MA000091

8

Building and Construction General On-site Award 2010

MA000020

8

Business Equipment Award 2010

MA000021

9

Car Parking Award 2010

MA000095

8

Cement and Lime Award 2010

MA000055

8

Cemetery Industry Award 2010

MA000070

8

Children’s Services Award 2010

MA000120

8

Cleaning Services Award 2010

MA000022

8

Clerks—Private Sector Award 2010

MA000002

8

Coal Export Terminals Award 2010

MA000045

8

Commercial Sales Award 2010

MA000083

8

Concrete Products Award 2010

MA000056

8

Contract Call Centre Award 2010

MA000023

8

Corrections and Detention (Private Sector) Award 2010

MA000110

8

Cotton Ginning Award 2010

MA000024

8

Dredging Industry Award 2010

MA000085

8

Dry Cleaning and Laundry Industry Award 2010

MA000096

8

Educational Services (Post-Secondary Education) Award 2010

MA000075

8

Educational Services (Schools) General Staff Award 2010

MA000076

8

Educational Services (Teachers) Award 2010

MA000077

8

Electrical Power Industry Award 2010

MA000088

8

Electrical,Electronic and Communications Contracting Award 2010

MA000025

8

Fast Food Industry Award 2010

MA000003

8

Fire Fighting Industry Award 2010

MA000111

8

Fitness Industry Award 2010

MA000094

8

Food,Beverage and Tobacco Manufacturing Award 2010

MA000073

9

Funeral Industry Award 2010

MA000105

8

Gardening and Landscaping Services Award 2010

MA000101

8

Gas Industry Award 2010

MA000061

8

General Retail Industry Award 2010

MA000004

8

Graphic Arts,Printing and Publishing Award 2010

MA000026

9

Hair and Beauty Industry Award 2010

MA000005

8

Health Professionals and Support Services Award 2010

MA000027

8

Higher Education Industry—Academic Staff—Award 2010

MA000006

8

Higher Education Industry—General Staff—Award 2010

MA000007

8

Horse and Greyhound Training Award 2010

MA000008

8

Horticulture Award 2010

MA000028

8

Hospitality Industry (General) Award 2010

MA000009

8

Hydrocarbons Field Geologists Award 2010

MA000064

8

Hydrocarbons Industry (Upstream) Award 2010

MA000062

8

Joinery and Building Trades Award 2010

MA000029

8

Journalists Published Media Award 2010

MA000067

8

Labour Market Assistance Industry Award 2010

MA000099

8

Legal Services Award 2010

MA000116

8

Live Performance Award 2010

MA000081

8

Local Government Industry Award 2010

MA000112

8

Mannequins and Models Award 2010

MA000117

8

Manufacturing and Associated Industries and Occupations Award 2010

MA000010

9

Marine Tourism and Charter Vessels Award 2010

MA000093

8

Marine Towage Award 2010

MA000050

8

Maritime Offshore Oil and Gas Award 2010

MA000086

8

Market and Social Research Award 2010

MA000030

8

Meat Industry Award 2010

MA000059

9

Medical Practitioners Award 2010

MA000031

8

Mining Industry Award 2010

MA000011

8

Miscellaneous Award 2010

MA000104

8

Mobile Crane Hiring Award 2010

MA000032

8

Nursery Award 2010

MA000033

8

Nurses Award 2010

MA000034

8

Oil Refining and Manufacturing Award 2010

MA000072

8

Passenger Vehicle Transportation Award 2010

MA000063

8

Pastoral Award 2010

MA000035

8

Pest Control Industry Award 2010

MA000097

8

Pharmaceutical Industry Award 2010

MA000069

8

Pharmacy Industry Award 2010

MA000012

8

Plumbing and Fire Sprinklers Award 2010

MA000036

8

Port Authorities Award 2010

MA000051

8

Ports,Harbours and Enclosed Water Vessels Award 2010

MA000052

8

Poultry Processing Award 2010

MA000074

8

Premixed Concrete Award 2010

MA000057

8

Professional Diving Industry (Industrial) Award 2010

MA000108

8

Professional Diving Industry (Recreational) Award 2010

MA000109

8

Professional Employees Award 2010

MA000065

9

Quarrying Award 2010

MA000037

8

Racing Clubs Events Award 2010

MA000013

8

Racing Industry Ground Maintenance Award 2010

MA000014

8

Rail Industry Award 2010

MA000015

8

Real Estate Industry Award 2010

MA000106

8

Registered and Licensed Clubs Award 2010

MA000058

8

Restaurant Industry Award 2010

MA000119

8

Road Transport (Long Distance Operations) Award 2010

MA000039

8

Road Transport and Distribution Award 2010

MA000038

9

Salt Industry Award 2010

MA000107

8

Seafood Processing Award 2010

MA000068

8

Seagoing Industry Award 2010

MA000122

8

Security Services Industry Award 2010

MA000016

8

Silviculture Award 2010

MA000040

8

Social,Community,Home Care and Disability Services Industry Award 2010

MA000100

8

Sporting Organisations Award 2010

MA000082

8

State Government Agencies Administration Award 2010

MA000121

8

Stevedoring Industry Award 2010

MA000053

8

Storage Services and Wholesale Award 2010

MA000084

9

Sugar Industry Award 2010

MA000087

8

Supported Employment Services Award 2010

MA000103

8

Surveying Award 2010

MA000066

9

Telecommunications Services Award 2010

MA000041

8

Textile,Clothing,Footwear and Associated Industries Award 2010

MA000017

9

Timber Industry Award 2010

MA000071

9

Transport (Cash in Transit) Award 2010

MA000042

8

Travelling Shows Award 2010

MA000102

8

Vehicle Manufacturing,Repair,Services and Retail Award 2010

MA000089

8

Waste Management Award 2010

MA000043

8

Water Industry Award 2010

MA000113

8

Wine Industry Award 2010

MA000090

8

Wool Storage,Sampling and Testing Award 2010

MA000044

8

 1  [2013] FWCFB 10165.

Printed by authority of the Commonwealth Government Printer

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About this document
(1)
Code:
PR546288D-107
Title:
MA000109 - Decision - 24 Dec 2013
Effective:
24 Dec 2013
Updated:
27 Dec 2013
(0)
MA000109 - Decision - 24 Dec 2013
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