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Published byΘήρα Καζαντζής Modified over 6 years ago
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Industrial obligations for CLCs facing funding cuts or restructure
Rebecca Girard Lead Industrial Officer
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SCHADS AWARD To promote sector/industry/local campaigns and union structures that Social, Community, Home Care and Disability Services Industry Award 2010 Clause 6 - NES Clause 8 – Consultation Clause 11 – Termination of Employment Clause 12 – Redundancy
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National Employment Standards
s61 Fair Work Act 2009 The minimum standards relate to – Maximum weekly hours Requests for flexible working arrangements Parental leave Annual leave Personal/carer’s leave Community service leave Long service leave Public holidays Notice of termination and redundancy pay Fair Work Information Statement
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Consultation Consultation regarding major workplace change
Consultation about changes to rosters or hours of work
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Major Workplace Change
What is major workplace change? Undertaking a restructure Making positions redundant Making changes to rosters Making changes to working hours Transferring employees to a different location Transferring employees to a different organisation Requiring employees to undertake retraining
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Major Workplace Change
Action to mitigate the adverse effects Number of affected employees Nature of the change Timing of the change
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What should an employer do?
Engage employees Provide an opportunity for employee feedback Remain open to suggestions Provide information Respond to requests for information Keep records Review Explain changes
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Termination of Employment
Refer to NES s117 Requirement for notice of termination or payment in lieu
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Redundancy s119 Redundancy pay s121 exclusions
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ENTERPRISE AGREEMENTS
All Enterprise Agreements must contain a consultation clause FAIR WORK REGULATIONS SCHEDULE 2.3 – Model consultation clause
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Best Practice Improved productivity Informed decision making
Attraction and retention Adaptable workplace Less industrial disputation
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Best Practice in Action
Consultative Committees Regular Staff Meetings Performance Reviews Written Communications Employee Feedback
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Stage One What is being considered The process for consideration
Final decision making process
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Stage Two Communication Feedback Review
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Stage Three Consideration of ideas Record decisions and reasons
Communicate Implement Feedback and review
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Representation Employees are entitled to representation
Employer must recognise representative and provide information if requested
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Union role Facilitate consultative process between employer and members Seek feedback from members Advising members about their rights Dispute resolution Negotiating implementation of agreed outcomes
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Failure to Consult Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited [2010] FCA 591 Australian Licenced Aircraft Engineers Association v Qantas Airways Limited (no.2) [2013] FCCA 1696
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Questions
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