News

Consultation in the workplace

Published 24 February 2021

 

Consultation for major workplace change is an obligation on employers. Consultation is mandatory in circumstances where an employer is introducing major workplace change which may have a significant effect on an employee’s employment. Significant effects on employees includes any of the following:

  • termination of employment;
  • major changes in the composition, operation or size of the employer’s workforce or in the skills required;
  • loss of, or reduction in, job or promotion opportunities;
  • loss of, or reduction in, job tenure;
  • alteration of hours of work;
  • the need for employees to be retrained or transferred to other work or locations; or
  • job restructuring.

In addition to the above matters where consultation is mandatory, employers should consult with their employees on workplace issues that may impact on the welfare and productivity of employees. Consultation also has the ability to identify opportunities, assist decision making and help ensure any new ideas work effectively in practice.

General workplace change

The provisions for the Health Industry are set out in Clause 33 of the Health Professionals and Support Services (HPSS) Award and Clause 8 of the Nurses Award.

The provisions for consultation about major workplace changes state:

If an employer makes a definite decision to make major changes in the workplace which are likely to significantly affect their employees, then they must:

  • Give notice of the changes to all employees and their representative, who may be affected.
  • Discuss and provide written documentation to those affected:
    • the introduction and nature of the changes;
    • their likely and expected effects on employees; and
    • measures to avoid or reduce the adverse effects of the changes.
  • Commence discussions as soon as possible after a definite decision has been made.

Confidential information is not required to be disclosed if the disclosure would be contrary to the employer’s interest. 

All matters raised in regard to the changes by those affected, must be promptly considered by the employer.

Consultation and roster changes

The provision for consultations about changes to rosters or hours of work state that:

If an employer proposed to change the regular roster of the ordinary hours of work for an employee, then the employer must consult with all those affected by the change.

During this consultation, employers must:

  • Provide the employees and their representative information about the proposed change (i.e. nature of the change and when it will begin)
  • Invite the employee and their representative to share their views about the impact of the proposed change on them (including the impact on family/caring responsibilities)

Any views shared from those affected, must be considered by the employer.

While consultation is a legal obligation, there are significant benefits associated with implementing and maintaining a culture of consultation and cooperation in the workplace. Businesses working to best practice recognise the benefits of regularly seeking opinions and views from employees, whether that be through consultation with individuals, groups or unions, or a mixture of all three.

Employee awareness and involvement in decision making regularly leads to:

  • more productive workplaces as a result of greater cooperation and collaboration;
  • better and more informed decision making and successful implementation of ideas;
  • attraction and retention of skilled and positive staff;
  • workplaces that are better able to cope with change;
  • minimisation of employee/employer disputes; and
  • minimisation of employee claims against the employer.