Employer obligations & what “consultation” means
Consultation is not mere notification; it is prior notice with a genuine opportunity for affected employees (and, where applicable, the union) to influence the outcome before implementation.
Major workplace change (typical features)
- Changes to composition, operation or size of the workforce;
- Likely termination of roles (e.g., redundancies) or significant changes to hours of work;
- Material changes to structures, processes or technology.
Effective consultation should include
- Written information about the proposal (what is proposed, reasons, process and timeline), org charts and any new position descriptions;
- Time to ask questions, request clarification and additional information;
- Opportunity to put forward alternative proposals and have feedback genuinely considered.
Consultation does not require joint decision-making; the final decision rests with the employer. However, good consultation can lead to better outcomes.