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ARTICLE · 01 JULY 2020

Effecting workplace policy changes: Do I need to consult my employees?

Holding Redlich
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Recent case highlights the importance of employers consulting their employees when effecting organisational change.

AustraliaEmployment and HR
Jackie Hamilton
Jackie Hamilton
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The decision of Hastings v Toll Transport Pty Ltd (Review and Regulation) [2020] VCAT 135 (Hastings) highlights the importance of employers consulting their employees when effecting organisational change.

In Hastings, the Victorian Civil and Administrative Tribunal found that transport company Toll Transport Pty Ltd's (Toll) unilateral decision to change its blood alcohol policy limit to zero for contracted owner-drivers did not meet the applicable industrial agreement's requirement to consult.

Until May 2018, Toll required its owner-drivers to comply with the general law on driving after consuming alcohol, which is to have a Breath Alcohol Concentration (BAC) of no more than 0.05g/210L (commonly known as "0.05%"). Under the company's new policy documents (Drug and Alcohol Policy) introduced in May 2018, Toll purported to require owner-drivers to have a BAC of no more than 0.000g/210L – in other words, zero blood alcohol.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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