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ARTICLE · 17 DECEMBER 2013

Consultation with employees - Why, what and when?

Corrs Chambers Westgarth
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The obligation on employers to consult with employees arises in a number of contexts.

AustraliaEmployment and HR
Ruth Nocka
Ruth Nocka
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The obligation on employers to consult with employees arises in a number of contexts. It is an obligation that often doesn't get the focus that it requires.

However, the decision in Australian Licenced Aircraft Engineers Association v Qantas Airways Limited (No.2) [2013] FCCA 1696 (28 October 2013) reminds employers that consultation is not something that they can approach as a mere formality in the decision making process. A failure to consult can result in substantial civil penalties being imposed. In that case, Judge Raphael of the Federal Circuit Court of Australia ordered Qantas to pay $41,250 in penalties for breaching its consultation obligations and for failing to provide information required for effective consultation.

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