The importance of cooperation and consultation in the workplace

When operating a practice, you are likely to encounter challenges that will affect the practice and your employees. Challenges may simply involve the introduction of a new employee training program or be as complex as restructuring the business or a decline in revenue.

These challenges are likely to ripple through the workplace. However, employers that adopt best practice change management and observe and interact with their employees before challenges are introduced can achieve better results.

Consultation and cooperation

To demonstrate best practice within the workplace, it is advantageous to allow for a consultation and cooperation styled approach. The benefits of this may include:

• improved decision-making when employees have involvement;
• easier transitions of change, as employees have been included in the planning process;
• improved practice performance through change, as less time is spent focusing on or responding to the confusions, rumours or disagreements associated with the change; and
• enhanced employee performance and engagement.

Role of consultation and cooperation in the workplace

Consultation refers to asking for and allowing for the perspectives of employees relating to employer decisions. On the other hand, cooperation is when the employer collaborates and works together with employees to find effective solutions.

During a significant change within the workplace, consultation is very important. Employers or managers that undertake a consultation and cooperation styled approach still obtain the authority to make the final decision in managing their business.

However, when employees have the opportunity to be involved in the planning and decision-making process, they are more likely to accept changes within the workplace and become more engaged with their work. Consequently, employees will feel less anxious or fearful of the respective changes.

Ensuring compliance with consultation and cooperation

When proposing changes in the workplace relating to a change in an employee’s regular roster or ordinary hours of work, or about a major workplace change the Modern Award requires that employers consult with employees and their representatives (if relevant).

When an employer has made a “definite decision” to introduce “major workplace change” as defined in the relevant Modern Award, the Modern Award mandates that employers observe the consultation term within the Modern Award.

“Major change” in the Modern Award refers to the introduction of key changes in production, programming, organisation, structure or technology which is likely to greatly impact employees. The Award also requires an employer to:

• notify any employees who might be affected by the proposed changes, and their representatives;
• discuss the proposed changes with the affected employees and any representatives as soon as possible after a decision is made;
• provide them with written information about the changes, how they might affect employees, and any measures the employer will put in place to prevent or reduce any adverse effects; and
• give prompt consideration to any matters raised by the employees and their representatives.

Although an employer is obliged to consider the perspective and concerns raised by employees, they do not have to attain consent from employees to make the planned changes. Importantly, the Modern Award only requires that employers engage in consultation within the meaning of the Modern Award after a definite decision has been made by the employer, not beforehand.

In the Health Professionals and Support Services Award 2020, Clause 33 refers to consultation about major workplace change and Clause 34 refers to consultation about changes to rosters or hours of work.

In the Nurses Award 2020, Clause 29 refers to consultation about major workplace change and Clause 30 refers to consultation about changes to rosters or hours of work.

If you would like general information about consultation requirements under the Modern Awards or you would like tailored support to effect major change in your workplace, and to comply with the modern awards in doing so, please reach out to our Workplace Relations Team at workplacerelations@amaq.com.au or on (07) 3872 2222.