Industrial obligations for CLCs facing funding cuts or restructure Rebecca Girard Lead Industrial Officer

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

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

Consultation Consultation regarding major workplace change Consultation about changes to rosters or hours of work

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

Major Workplace Change Action to mitigate the adverse effects Number of affected employees Nature of the change Timing of the change

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

Termination of Employment Refer to NES s117 Requirement for notice of termination or payment in lieu

Redundancy s119 Redundancy pay s121 exclusions

ENTERPRISE AGREEMENTS All Enterprise Agreements must contain a consultation clause FAIR WORK REGULATIONS 2009 - SCHEDULE 2.3 – Model consultation clause

Best Practice Improved productivity Informed decision making Attraction and retention Adaptable workplace Less industrial disputation

Best Practice in Action Consultative Committees Regular Staff Meetings Performance Reviews Written Communications Employee Feedback

Stage One What is being considered The process for consideration Final decision making process

Stage Two Communication Feedback Review

Stage Three Consideration of ideas Record decisions and reasons Communicate Implement Feedback and review

Representation Employees are entitled to representation Employer must recognise representative and provide information if requested

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

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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