Hair and Beauty Australia explains employee consultation clauses and what protocols employers must follow.
All Modern Awards have a standard consultation clause whenever an employer is going to introduce major workplace change. The employer should ensure they are available to discuss the changes including how they will be introduced, the effect the changes will have and when the changes will commence.
It is important to provide all relevant information in writing to the employees concerned such as why the change is taking place, the consequences for the employee and the next steps the employee will need to take. This is particularly relevant for redundancy purposes.
Consultation for Roster Changes
Fair Work has now introduced a new term to all Modern Award and Enterprise Agreements which require employers to consult with employees about changes to their regular rosters or ordinary hours of work.
This means if you wish to change an employee’s regular roster you need to:
• Give information to the employee about the change
• Let the employee give their views or opinions about the change ( e.g. this could affect family or caring responsibilities)
• Consider the view or opinion of the employee regarding the change
• Make a determination if the change is going ahead
• Inform the employee what changes are being implemented
Please note this does not apply to casuals who have irregular, sporadic or unpredictable working hours.
It is important that employers provide employees with reasonable notice of change after the consultation process.
For more information regarding your obligations as an employer contact Hair & Beauty Australia (HABA) on 1800 997 795 or visit www.hairandbeautyaustralia.com.au