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Consultation

Last updated August 2023

This chapter explains when you have an obligation to consult with employees and how to meet these obligations.

What are your consultation obligations?

If you are planning to introduce a change that might affect one or more of your employees, you must consult with employees who might be affected by the change.

Tip: The idea is that if employees are involved in developing solutions to problems faced by the employer, they are more likely to cooperate in implementing the solutions.

Your obligations to consult your employees arise under:

  • modern awards;
  • enterprise agreements; and
  • the Fair Work Act 2009 (Cth) (FW Act).

Generally, consultation provisions require you to:

  • provide relevant information about the change to the affected employees (and their representatives);
  • allow time and opportunity for employees to give feedback and input regarding the change; and
  • consider employee feedback and take it into account before making a final decision regarding the change.
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