Consultation clause in modern awards

The matter before the Fair Work Commission involved a dispute between an employer and employees regarding the interpretation of a consultation clause in a modern award. The employer argued that it was not required to consult with employees before making changes to their rosters or hours of work, while the employees contended that such consultation was mandatory. The Commission was tasked with determining the obligations of the employer under the award in this context.

The primary legal issue before the Commission was whether the employer was required to consult with employees before implementing changes to their rosters or hours of work. This involved interpreting the language of the consultation clause in the modern award and determining the extent of the employer's obligations in this regard. The Commission needed to consider whether the clause imposed a mandatory requirement for consultation or if it was more discretionary.

The Commission found that the consultation clause in the award did indeed impose a mandatory requirement on the employer to consult with employees before making changes to their rosters or hours of work. The language of the clause was clear and unambiguous, and the Commission held that it was not open to the employer to disregard this obligation. The Commission emphasised the importance of consultation in maintaining good employer-employee relations and ensuring that employees were not adversely affected by changes to their work arrangements without their input.

The Commission ordered the employer to consult with the affected employees before making any further changes to their rosters or hours of work. It also found that the employer had breached the award by failing to consult with the employees in the past and ordered the employer to take appropriate remedial action. This decision provides important guidance for employers and employees regarding the scope of consultation obligations in modern awards.