Consultation with employees
Public Service
The Department is committed to consultation with employees and their representatives in relation to major change initiatives and in the development and/or review of human resources policy. This is consistent with the Victorian Public Service Agreement 2006 and the Nurses (Department of Education and Early Childhood Development) Agreement 2009 which provide the framework for cooperative relations between employers and employees and their representatives. This consultation will be undertaken through a variety of forums, including management meetings with employees, circulars, focus groups, as well as Department/union consultation arrangements.
Under the Fair Work Act 2009, an employee has the right to choose whether or not to join a union and which union to join. This means an employee cannot be:
- dismissed;
- refused employment or given preference in employment;
- put onto less favourable rosters;
- given fewer career development opportunities;
- denied the right to stand for membership of or vote in elections for committees;
simply because they are or are not a member of a union.
The Department is committed to consultative arrangements and the composition of any consultative structures must be open to all employees regardless of membership or non-membership of specific employee associations. Consultative arrangements put in place by managers must comply with the requirements of either the VPS Agreement 2006 or the Nurses (Department of Education and Early Childhood Development) Agreement 2009.
The Department's consultation framework consists of the following components:
- Department/union consultation;
- employee consultation.
Department/union Consultation
The Department has established consultative processes with the Community & Public Sector Union and the Australian Nursing Federation which operate across the Department in relation to any major change initiative. The consultative process is also a regular forum for communication with the unions.
Where the Department is considering a restructure of the workplace, the introduction of new technology or changes to existing work practices which affect employees, the Department is required to notify the employees and their union/s of the proposed changes as soon as practicable after the proposal has been made. The Department is to advise the affected employees and the union/s of the likely effects on the employee’s working conditions and responsibilities as well as the rationale and intended benefits of any change.
Where workplace change of this nature is proposed, the General Manager/Regional Director concerned should contact the General Manager, Human Resources for advice about implementing change, employee consultation procedures and timelines to be followed. See Implementation of Change for details.
The Department will regularly consult with affected employees and the relevant union/s and give prompt consideration to matters raised by employees or the union/s and, where appropriate, provide training for employees to assist them to integrate successfully into the new structure or to adjust to new work arrangements.
As part of the consultation in relation to workplace change, the union/s may submit alternative proposal(s) in a timely manner so as not to lead to an unreasonable delay in the introduction of any proposed change. If such a proposal is made, the Department must give just cause to the union/s if its proposals are not accepted.
Employee consultation
Good human resource management practice recognises that employee morale and job satisfaction are enhanced where the views of all employees are taken into account before decisions are made.
General Managers/Regional Directors are expected to have in place locally agreed arrangements to ensure consultation with employees (including those on leave) when undertaking any process of planning for improvement, including the development of workforce plans.
These arrangements must ensure that employees have the choice and opportunity to have input into decisions that affect their working life while recognising that the General Manager/Regional Director has ultimate administrative and operational responsibility for decisions at the local level.
Consultation with Health and Safety (H&S) Representatives
Where it is likely that major change initiatives may directly affect employees, managers should consult with the local H&S representative as soon as is practicable by sharing information about the matter, giving a reasonable opportunity to express their views, and taking into account those views. Refer to the Department’s Health, Safety and Wellbeing consultation and communication policy for details.
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