What does consultation in respect of “major change” and rosters/hours of work look like?

Employers covered by the Fair Work Act 2009 (the “FW Act”) also have obligations to consult with their employees when:

• they propose to introduce “major change” that has a “significant effect” on members, and/or
• where they propose to make changes to rosters or ordinary hours of work.

While consultation does not require that the employer and employee reach agreement, it must be a real opportunity for employees to make representations regarding their interests and have those considered by the employer when it makes or implements a decision.