Modern award consultation obligations can be easily
overlooked. We understand. How important can a little staff chit -
chat about workplace changes really be? Well, as we reported last
year (
here ), it's essential. A failure to consult with modern
award covered staff can lead to fines and, in circumstances
involving dismissal, an order for the employee's reinstatement
or compensation.
But in good news for employers, a recent Full Bench of the Fair
Work Commission found that employers are still entitled to take a
practical and operational approach to achieve consultation
compliance.
The case involved redundancy. Initially, the FWC found that the
employer, Ventyx , failed to meet its obligations under the modern
award by not commencing consultation with Mr Murray "as early
as practicable" after it made "a definite decision"
regarding his redundancy. Recognise those magic words?
