Children's Services Award Changes

Clause 8. Consultation about Major Workplace Change. (From 1 November 2018)

If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology, that are likely to have significant effects on employees, the employer must:

• give notice of the changes to all affected employees,
• discuss with affected employees how the change will be introduced, the likely effect on employees and measures to avoid or reduce the adverse effects of the changes on employees,
• commence discussions as soon as practicable after a definite decision has been made to make the change.

Just a quick note: The employer must give in writing to all affected employees, all relevant information about the changes including their nature, their expected effect on employees and any other matters likely to affect employees.

The rider on the above is that an employer is not required to disclose any confidential information that might be contrary to the employers interests, like a sale of business for example.

Once the major workplace change has been disclosed the employer is required to promptly discuss the impact the changes will have on employees.

Significant effect is now defined under the award as:

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

Note: under the revised provision, alteration to work hours under the Children's Services Award 2010, may not be considered major change as other clauses in the award provide for these alterations