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

2. 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

3. 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

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

5. 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

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

7. 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

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

9. Redundancy
s119 Redundancy pay
s121 exclusions

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

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

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

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

14. Stage Two
Communication
Feedback
Review

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

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

17. 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

18. 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

19. Questions