The employer must ensure that the consultation is carried out: election requirements include the ability to vote by secret ballot and the need to ensure that votes are counted accurately. The Council may order the employer to proceed with the vote in accordance with the requirements of the regulations. It is important that the workers concerned understand what they are being consulted on so that they can examine the issue and express their opinion. You should always consult with your staff individually, but you can also consult with them in small groups. In general, UPT regulations stipulate that the seller and buyer of a business or business must consult with appropriate representatives of employees who may be affected by a proposed sale or purchase of the business or business that employs them. Your employer may also consult with an employee representative. This could be your union representative or your information and consultation representative, or someone specifically designated for this purpose. Your employer must allow at least 60 days for the consultation. If you cannot reach an agreement, the usual IofC rules apply. This includes the election of workers` representatives and the information and consultation of workers on: The law stipulates that employers must start this consultation “in good time”. What is considered “timely” depends on the circumstances. However, they must enter into consultation in order to: In cases where the standard rules on information and consultation apply, the employer must provide the information and consultation representatives with information and advisory information on “recent and foreseeable developments in the economic and commercial situation of the undertaking”. A pre-existing agreement may apply to employees of more than one company; In this case, employers may organise a single ballot of workers from all undertakings covered by the agreement.
Employers must consult with unions or elected employee representatives on any changes to work practices they plan to make as part of the transition. If the employer decides to hold a poll, he must inform the employees of the employee`s request within one month; The vote must take place no earlier than 21 days after the employer notifies the employees. There are approximately seven instances where employers have specific legal obligations to consult with employees and/or their representatives. Normally, this should be done in a meeting with the employee, where the employee is able to answer and ask questions regarding the proposed action plan. This can also be done in writing (or both options can be made available to the employee) or by a representative (for example, a union or health and safety representative). It is generally good practice to offer employees the opportunity to be accompanied by a support person during one-on-one interviews, but whether or not this offer is made, an employee`s request to be assisted by a support person should be admissible.13 If a company has already entered into an information and consultation agreement with employees, Changes may not be required. To be valid, the pre-existing agreement must: before a TUPE transfer, the old and new employer must inform and consult with employee representatives (trade unions or employee representatives) to explain why the transfer is taking place and what changes they are proposing. Negotiators must be elected or appointed according to the following requirements: Get legal advice if you`re not sure if you need to communicate anything to your employees. You should, whenever possible, consult with your contractors and subcontractors and their employees, hired workers, volunteers and anyone else who works for you who is directly affected by a health and safety issue. Workers have the right to participate in consultations and to be represented on occupational health and safety matters by a health and safety representative elected to represent their work group.
If workers are represented by a health and safety representative, this representative must be consulted.1 In this context, advice involves informing employees of business decisions (voluntarily or after an employee has made a request) and giving employees an opportunity to share their ideas or concerns. The employer must consult with the information and consultation representatives on: If a vote of the workers is taken to approve the agreement, it must comply with the requirements of the regulations; These include the ability to vote by secret ballot and the requirement to ensure that votes are accurately counted. A complaint may be filed with the CCA that these voting requirements have not been met. In certain circumstances, consultation is required by law and involves a specific process. You may already have agreements in place in your workplace that employees are satisfied with. In this case, you do not need to make any changes. If 40% of employees ask written questions about the new regulations, they should be consulted. The decision as to when to be “as soon as possible after a final decision” (wording of the standard award clause) in relation to consultation depends on the circumstances. For example, in Ventyx Pty Ltd v. Murray 9, the Fair Work Commission deemed it appropriate to postpone the consultation to ensure that it is coordinated internationally across the company. In this case, the Commission also considered that the security of customer data (protected by contractual obligations) should be taken into account when planning and coordinating the consultation. For consultation to be meaningful, employees need to understand the changes being considered.
Some consultation clauses require the provision of information in writing and, in general, this is a good approach, even if it is not explicitly required because it (a) demonstrates the exchange; and (b) provides the employee with a better opportunity to consider the information provided and to seek independent advice when necessary. It is important to follow all applicable consultation rules when deciding when deciding when to start the consultation. For example, in Freebairn v. Dandiie Pty Ltd.6 An employer was found liable in a wrongful dismissal lawsuit because the Fair Work Board found that, although there had been discussions about possible changes in the workplace, there had been no consultation required by the applicable modern award.7 This is partly because no consultation took place following a “final decision” by the employer. implement changes. , which triggered the obligation under the relevant procurement consultation clause. In these circumstances, the employer could not invoke the “bona fide dismissal” exception against the claim.8 It is important to note that the right to be heard is not a veto over the decision3 – the employee`s views must really be taken into account, but do not have to be adopted.