Commonwealth Consolidated Acts

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Enterprise agreements to include a consultation term etc.

Consultation term must be included in an enterprise agreement

  (1)   An enterprise agreement must include a term (a consultation term ) that:

  (a)   requires the employer or employers to which the agreement applies to consult the employees to whom the agreement applies about:

  (i)   a major workplace change that is likely to have a significant effect on the employees; or

  (ii)   a change to their regular roster or ordinary hours of work; and

  (b)   allows for the representation of those employees for the purposes of that consultation.

  (1A)   For a change to the employees' regular roster or ordinary hours of work, the term must require the employer:

  (a)   to provide information to the employees about the change; and

  (b)   to invite the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and

  (c)   to consider any views given by the employees about the impact of the change.

Model consultation term

  (2)   If an enterprise agreement does not include a consultation term, or if the consultation term is an objectionable emergency management term, the model consultation term is taken to be a term of the agreement.

  (3)   The regulations must prescribe the model consultation term for enterprise agreements.

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