2.3.

4 Withdrawal of labour and other disputes

Probability
Impact
Description
Dispute

Priority

Management
Risk

Risk
Withdraw of labour Redundancy happens A dismissal is not a Redundancy can happen All awards and notifying the employees
when an employer genuine redundancy if when the business: registered agreements who may be affected by
either: doesn’t need an the employer: have a consultation the proposed changes
employee’s job to be introduces new process for when there
done by anyone, or still needs the technology (eg. the job are major changes to the providing the employees
becomes insolvent or employee’s job to be can be done by a workplace, such as with information about
bankrupt done by someone (eg. machine) redundancies. these changes and their
hires someone else to expected effects
do the job) slows down due to lower
sales or production discussing steps taken to
A genuine redundancy is has not followed relevant The consultation process avoid and minimise
when: requirements to consult closes down sets out the things the negative effects on the
with the employees relocates interstate or employer needs to do employees
the person’s job doesn't about the redundancy when they decide to
need to be done by overseas considering employees
under an award or make changes to the
anyone registered agreement or Restructures or business that are likely ideas or suggestions
reorganises because a to result in redundancies. about the changes.
the employer followed could have reasonably,
any consultation merger or takeover This has to be done as
in the circumstances, happens. soon as possible after
requirements in the given the employee
award, enterprise the decision has been
another job within the made to make these
agreement or other employer’s business or
registered agreement. changes.
an associated entity.

Refuse of Work Requests for flexible In addition, the Fair changes in hours of work An employee may Employers must either
working arrangements Work Act 2009 allows (e.g. reduction in hours request a change in their approve or refuse an
form part of the National State and Territory laws worked, changes to working arrangements employee’s request in
2.3.4 Withdrawal of labour and other disputes

Probability
Impact
Description
Dispute

Priority

Management
Risk

Risk
Employment Standards to continue to apply to start/finish times), from their employer if writing within 21 days. If
(NES). The NES apply to employees where they they require flexibility the request is refused,
all employees covered provide more beneficial changes in patterns of because they: the employer must also
by the national entitlements than the work (e.g. working ‘split- include reasons for the
workplace relations NES in relation to shifts’ or job sharing refusal. It is a
system, regardless of flexible work arrangements) contravention of the Fair
are the parent, or have
any award, agreement or arrangements. In changes in location of responsibility for the Work Act 2009 if an
contract. Victoria, for example, work (e.g. working from care, of a child who is of employer does not
provisions of the Equal home or another school age or younger respond according to
Opportunity Act 1995 location). these requirements.
The NES include a right prohibit an unreasonable are a carer (within the
for certain employees to refusal to accommodate meaning of the Carer
request flexible working an employee’s Recognition Act 2010)
arrangements (such as responsibilities as a
have a disability
changes in hours of parent or carer.
work) from their are 55 or older
employer. An employer
are experiencing
can only refuse such a An employee may also
violence from a member
request on ‘reasonable have remedies under
of their family, or
business grounds’ relevant discrimination
legislation, including the provide care or support
discrimination provisions to a member of their
under the Fair Work Act immediate family or
2009, if an employee household, who requires
considers they have care or support because
2.3.4 Withdrawal of labour and other disputes

Probability
Impact
Description
Dispute

Priority

Management
Risk

Risk
been discriminated they are experiencing
against by the violence from their
employer‘s handling or family.
refusal of their request.