Consultation is the process of discussing proposed workplace changes with affected employees and genuinely considering their feedback.
Legislation: Fair Work Act 2009 s205; Modern Awards; WHS Legislation | Category: Workplace Relations
What is Consultation?
Consultation is the process of discussing proposed workplace changes with affected employees and genuinely considering their feedback before making final decisions. Australian employment law requires consultation in several contexts, including major workplace changes, changes to rosters, and work health and safety matters.
Consultation obligations appear in the National Employment Standards (for major change), Modern Awards and enterprise agreements (for roster changes), and WHS legislation (for safety matters). The requirement is for genuine consultation, not merely informing employees of decisions already made.
Key Compliance Points for Employers
- Consultation requires providing information, giving opportunity for input, and genuinely considering feedback
- For major change, employers must notify employees and their representatives as soon as practicable after a definite decision is made
- Failure to consult can result in disputes, stop orders, and penalties
- Employees can appoint representatives (including unions) for consultation purposes
- The outcome does not have to be what employees want, but the process must be genuine
Frequently Asked Questions
What is Consultation?
Consultation is the process of discussing proposed workplace changes with affected employees and genuinely considering their feedback.
Why is Consultation important for employers?
Understanding consultation helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
