Know your rights – Consultation

The Services Union surveyed our members at the end of 2021 and consultation was identified as a major issue. As part of our commitment to our 30th Way – Mental Health and Wellbeing Campaign we are looking to support members as much as we can.

We are committed to providing our members with the latest workplace resources to navigate your rights and entitlements as an employee. 

This resource will look at the impacts on employees when their Council undertakes a period of consultation.

What is consultation?
During your employment, your Council might want to change the way they do things and/or structure their business. Before they do this though, they are required to consult with you and your colleagues.

Councils are required to undertake consultation where they propose to make significant workplace change. 

Significant change might include:
  • Changes to the structure or composition of the workforce
  • Changes to roster or work schedules
  • Changes to working hours
  • Transferring employees internally or to another location 
  • Elimination of diminution of job opportunities (including opportunities for promotion or tenure); or
  • Introduction of major change to the production, program, organisation, structure or technology in relation to the business that is likely to have an impact on employees. 
The definition of significant workplace change can vary from workplace to workplace, so it is always important to check with your workplace delegate or call the Union office to understand what will apply for you.

What does it mean to be consulted?
During a period of consultation, you should expect your Council to engage employees and their Union/Representative genuinely and meaningfully. In doing so an employer is required to:
  • Engage with employees so that they can understand the reason as to why change is required
  • Provide an opportunity for employee feedback 
  • Remain open to suggestions about alternative measures
  • Keep records of their feedback and consultation with employees
  • Review all suggestions and feedback; and
  • Make a final decision and provide an outcome to employees.
While your employer must consider feedback genuinely and reasonably – it does not mean that your suggestion will change the desired outcome.  

What you can do?
As a member of The Services Union, we are by your side. You will not be alone during workplace consultation. Our Union understands the pressure and stress workplace change (i.e. restructure) can have on you and your family. To assist us to support you there are a couple of things you can do to make the process a little easier, such as:
  • Notify our Union of the change as soon as you become aware of it
  • Ask questions of your Council
  • Engage in consultation and provide all feedback to your Council
  • Read your Certified Agreement or applicable Award to ensure you know your entitlements. If you don’t know where to find this – call Services Connect on 07 3844 5300; and 
  • Talk with your colleagues… there is strength in numbers. 
Talk to our Union, delegates and HSRs about putting mental health and job design on the agenda at your workplace.

How will the Union help?
Having our Union by your side can assist in the consultation process by:
  • Attending consultation meetings 
  • Establishing consultation guidelines
  • Establishing Workplace consultative committees
  • Liaising with your Council during a period of consultation
  • Providing advice and guidance to members about the process; and 
  • Escalating matters to the Industrial Commission if consultation is not occurring. 
Got questions?

Call Services Connect today on 07 3844 5300.