Commonwealth Consolidated Acts Commonwealth Consolidated ActsConsultation 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.
(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 FWC must determine the model consultation term for enterprise agreements.
(4) In determining the model consultation term, the FWC must:
(a) ensure that the model term is consistent with the requirements set out in subsections (1) and (1A); and
(b) take into account the following matters:
(i) whether the model term is broadly consistent with comparable terms in modern awards;
(ii) best practice workplace relations as determined by the FWC;
(iii) whether all persons and bodies have had a reasonable opportunity to be heard and make submissions to the FWC for consideration in determining the model term;
(iv) whether the model term would, or would be likely to have, the effect referred to in paragraph 195A(1)(a), (b), (c) or (d) (objectionable emergency management terms);
(v) the object of this Act (see section 3), and the objects of this Part (see section 171);
(vi) any other matters the FWC considers relevant.
Note 1: The FWC must be constituted by a Full Bench to make the model consultation term (see subsection 616(4A)).
Note 2: For the variation of a determination, see subsection 33(3) of the Acts Interpretation Act 1901 .
(5) To avoid doubt, subsections (1) and (1A) do not limit the matters the model consultation term may deal with.
(6) A determination under subsection (3) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.