Consultation Requirements

Difference between consultation and communication

Both are important during organisational change.

Communication is all about keeping information flowing in all directions through the organisation and throughout the entire change process for example, leaders telling employees what is happening and why, and employees telling leaders what is happening and why. For more information on communicating change click here.

By contrast, consultation is about asking employees for their ideas about how to plan and implement the change-for example, leaders may ask employees about how the organisation could be structured to achieve better client outcomes. Or leaders may ask employees about when a new ICT data system should come on line so that it has greatest chance of success.

Both communication and consultation involve asking questions. With communication, the questions are focused on checking understanding. With consultation, the questions are focused on ‘what do you think we should do?’

Why consult with employees?

Consultation is the process of exchanging views and ideas between employees, Heads of Agencies/Senior  management. Consultation stops short of bargaining so that the responsibility for decision-making still rests with the Head of Agency, and consultation does not require a Head of Agency to have employee consent before making a decision.

It is a genuine opportunity for engaging with employees to have input into the many examples of organisational change which may influence the outcome. For this to occur employees should be provided with relevant information and be provided with reasonable time to consider the proposal and to develop alternatives.

There are long term benefits in consulting with employees whenever change is envisaged. This can result in some great ideas being incorporated into the process as well as a more receptive take up of the change. Employee consultation has other benefits:

• it identifies new ideas and opportunities
• it increases the level of cooperation and collaboration in the workplace
• it leads to more informed decision making
• it promotes a positive attitude towards the change
• it leads to more change resilient workplaces, and
• it minimises claims by the employee against the Agency/Employer.

The extent of any consultation process should be based on the materiality or impact of the change and the number of employees likely to be impacted by the change. Employees and the relevant unions should be provided with relevant information about a change proposal, be given a reasonable opportunity to provide feedback and be provided with a response to any reasonable alternatives put forward.

While agencies should consider the feedback from employees in the consultation process, it does not over-ride the management prerogative to make management decisions. Neither does an agency need the consent of employees or their representatives to implement change.

Requirements for consultation

Modern awards require consultation with employees on change. Section 7(h) of the State Service Act states that 'the State Service establishes workplace practices that encourage communication, consultation, cooperation and input from employees on matters that affect their work and workplace'. In addition, Part 4, Division 2 of the Work Health and Safety Act 2012 is also important when consulting with employees on matters relating to health or safety. Where the implementation of change is identified as a matter relating to health or safety, your agency’s relevant work health and safety consultation process should be followed.

Various Awards outline stages of consultation 

The Tasmanian State Service Award and the Health and Human Services Award outlines four stages of consultation that applies to all persons employed under the State Service Act 2000.  

Stage 1: Formulation of ideas or proposals

In this stage the new policy ideas are explored and policy positions are developed. There is no obligation on a Head of Agency to consult in this stage. 

Stage 2: Consultation on a proposal or implementation of government direction/s

In this stage the policy proposal has been developed and a Head of Agency consults with employees either on the feasibility of the proposal as it impacts on employees; and/or the implementation of the proposal. Unions should be contacted at this stage and the direct level of their involvement determined, as well as a contact officer representing employees.

Stage 3: Considering responses and providing feedback

In this stage the information received is collated and considered, with feedback provided to employees about how the information received is being considered.

Stage 4: Making a final decision and implementing it

In this stage the decision-maker makes a final decision on the policy and/or its implementation, implements that decision and evaluates its effectiveness.

Stage 1 does not necessarily require consultation and where appropriate stages 2, 3 and 4 may occur simultaneously.

Principles of workplace consultation and change

The following principles are recommended to apply to workplace consultation and change: 

Contents

Please use the menu below to find out more about managing change.

• what is change - scale of change, different types of change and models of change
• managing change - who is responsible and what their role is
• consulting with employees on change - following award requirements
• communicating change - why communicating change is so important
• transition and change - what reactions you could expect from teams and colleagues
• building resilience - helping individuals to cope with change and bounce back
• emotional wellbeing - providing options where employees can get help
• learning more about change - including from TED talks, research, publications and websites
• supplementary information - build and equip yourself as a change manager
• Change Toolkit - checklists, factsheets and templates