Whenever an enterprise agreement is made, it is mandatory to have a consultation term. The Enterprise agreements are lodged with the Fair Work Commission. A clause must be included in model consultation term. This term is set out within the Fair Work Regulations 2009. The consultation must require the employees to be consulted about major changes in the workplace. This holds true if they have significant impact on the employees. In these cases, the parties involved can have representation of the employees. This is imperative.
If the company decides to terminate the employees, the employers must consult the union in cases of the dismissal of certain special circumstances. The consultation must be done within the union where the members are impacted. In cases where 15 or more employees are to be dismissed, the company must present clear evidence of economic, technological or similar reasons. It is important to ensure that they are adhered even in cases where the relevant union does not act (Forsyth and Stewart, 2009). The Fair Work Commission act sets out to ensure that the worker rights are protected in this case.
The consultation is required when the employees meet with significant changes, the method of consultation and the arriving of the final decision by the company.
This consultation of the business needs or priorities can be done by using mixed official communications. The use of team meetings, newsletters, emails is valid forms. Different efforts can be made to secure the opinion of the different employees. A consensus must be reached with the consultants. Based on this, the companies can ensure that they have consultation. The next important requirement for consultation is to ensure the occupational health and safety of the people
The employers need to be aware of the additional consultation duties with the employees regarding their health and welfare. The Fair Work commission mandates that good faith efforts must be created for the context of the negotiating terms of the enterprise agreement. The employees would require certain flexibility (Forsyth and Stewart, 2009).
In summary, the employers need to have consultation in cases of significant changes to the employees work conditions such as pay or working hours. In case of dismissal of more than 15 employees, occupational safety and individual flexibility arrangements. The context of good faith efforts and adhering to the important good faith efforts are mandatory in these cases. These consultations must be in accordance with the Fair Work act of 2009, modern award and the company polices. It is also important to ensure that there is consultation for enterprise agreement that is drawn between the employees. This can be done to ensure that there are state or territorial occupational health issues.