Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 205

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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