Management at Southern Cross Care has yet to announce when staff numbers will be reduced at Marian Nursing Home but the Union and yourselves know this will be coming. As per Clause 32 of your Enterprise Agreement, when a definite decision has been made about introducing major workplace change, Southern Cross Care must notify and consult with the relevant employees. As HSU members, you have the option of appointing the Union as your representative for the purpose of consultation, particularly if you are impacted by the change and unable to reach a resolution.
Part of the consultation must include all relevant information about the change, including what the possible effects will be. They must also give the employee the opportunity to provide their views on the change. For some, this proposed change might result in an increase in hours, but for others it may have a significant impact financially or on their family and caring responsibilities. While it is important for members to engage in this process to better understand what is being proposed and how you are impacted, you should not feel pressured to agree or sign anything until you are confident in your decision or you have received representation.
Below are some points to assist with understanding your workplace rights during workplace change. Your Union is here to help you stand up for your rights.
1. You have the right to be consulted about the change! Consultation includes time to consider the change, to raise concerns, and to have those concerns properly addressed. 2. You have the right to say NO! Contracted hours cannot be cut without your approval. Cuts to jobs can occur, but only with a redundancy or redeployment to a comparable position. 3. You have the right to representation! Ensure you are represented by the HSU when discussing major workplace change. 4. You have the right to request any changes to your job be provided in writing and time to consider your response. Don’t feel rushed. Major changes to your job can have lasting impacts for you and your family. 5. Join the HSU! Only HSU members get representation and advice to stand up for their rights and protect their job. Join now online www.hsu.asn.au/join or phone 1300 478 679.
32.3. Consultation regarding changes to regular rosters or ordinary hours of work
(a) Where the employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must:
(i) provide information about the change to the employee or employees affected; and
(ii) invite the employee or employees affected to give their views about the impact of the change, including any impact in relation to their family or caring responsibilities; and
(iii) consider any views given by employees about the impact of the change.
(b) An employer or employee may appoint a representative for the purposes of this clause.
(i) The identity of the representative must be advised to the other party.
(c) The obligations under sub-clause (a) shall be read in conjunction with the other agreement provisions concerning the scheduling of work and notice requirement, including but not limited to Clause 15 - Hours and Clause 16 - Rosters.
(d) This clause is to be read in conjunction with other provisions in this Agreement concerning the scheduling of work and notice requirements.
(e) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours. 32.4
A union’s effectiveness and negotiation power depends on the strength and density of its membership base. Join your work colleagues today by becoming a member of the Health Services Union and help us continue to protect and improve your working life.