A:
The general requirements in respect of consultation are that the employer is required to:
- notify employees about the change,
- provide relevant information about the change to employees and their representatives,
- discuss the effects of the changes on employees and measures taken to avert or mitigate adverse effects of the change,
- give prompt consideration to matters raised by employees.
You should review the consultation term of the relevant industrial instrument (award, ea, or state or federal legislation) closely, as it may provide for different obligations in respect of, for example:
- when consultation is required to commence (before or immediately after a decision is made),
- whether the employer is required to consult directly with the union as an affected party, rather than an appointed representative,
- the breadth and quality of the information provided by the employer, and
- time limits and scheduling of consultation.
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