43. Consultation

43.1  The parties to this Agreement acknowledge that change in the health service may be required to ensure the efficient and effective delivery of health services. Furthermore, the parties recognise that they have a mutual interest in ensuring that health services are provided efficiently and effectively and that each has a contribution to make in this regard.  The involvement of employees will contribute to:

(a)  improved decision-making;

(b)  greater co-operation between employees and the employer; and

(c)  a more harmonious, effective, efficient, safe and productive workplace

Accordingly the parties commit themselves to a process of regular consultation with one another and affected employees on all matters of mutual concern and interest.

43.2  In accordance with this acknowledgement and commitment, when an employer proposes any review that might result in significant changes to either the structure, staffing or work practices affecting employees the employer shall invite the employees concerned to participate in the review at the earliest practical opportunity. When the implementation of decisions arising from any such review might result in redundancy, the procedures in Clause 45 shall be adopted.

43.3  Before the employer undertakes any review which might impact on the delivery or quality of clinical services, it shall consult and seek the endorsement of the Association as to the purpose, extent, process and terms of reference of such review and will give due regard to the Association’s advice.

43.4  The employer will advise the Association and affected employees of the recommendations of any concluded review in order to ascertain whether there are any serious professional or clinical concerns. In the event of such concerns the employer will either endeavour to satisfactorily resolve them with the Association and affected employees or reach agreement over a process for resolution.