What are consultation obligations?
Consultation obligations are duties under awards and agreements to discuss major workplace changes and redundancies with affected employees before deciding.
Consultation obligations are requirements in most Modern Awards and enterprise agreements for an employer to consult employees about major workplace changes that are likely to significantly affect them. This includes major changes to production, structure, or technology, and proposed redundancies.
In practice, consultation means notifying affected employees, giving them relevant information in writing, and giving them a genuine opportunity to express their views before any final decision is made. Failing to consult properly can also mean a redundancy is not a genuine redundancy, which can support an unfair dismissal claim.
Key facts
- •Most Modern Awards and enterprise agreements contain a consultation clause
- •Consultation is required for major workplace change and proposed redundancies
- •Employers must notify employees, share relevant information, and consider their views
- •Consultation must happen before the final decision is made
- •Failing to consult can mean a redundancy is not genuine under the Fair Work Act 2009
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Ask FairWork Mate AIFrequently asked questions
Does my employer have to consult me before making me redundant?
If your award or enterprise agreement has a consultation clause — and most do — then yes. Your employer must tell you about the change, give you relevant information, and consider your views before finalising the decision.
What happens if my employer skips consultation?
If consultation was required and your employer did not do it, the redundancy may not be a genuine redundancy. That can be relevant to an unfair dismissal claim, which generally must be lodged within 21 days.
FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.