This fact sheet outlines your rights to be consulted about change that affects you and about your working arrangements. It also outlines your rights to representation.
Your rights on these matters are in Clauses 1.1(b), 2, 3, 4, 5, 72.20, 74.2,
74.7, 97.1, 99.4, 103, 104, 111, 116.2, 118.3, 119.5 and 131.1 of the ATO
(General Employees) Agreement 2009.
Your collective agreement gives all employees and their union the right to be
consulted about organisational and operational changes that may affect you. When
change is proposed that affects you and your colleagues, it is important that
real consultation occurs. CPSU will support, advise and represent members
affected by organisational change.
The ATO must:
Share information with employees and your representatives (CPSU)
Allow affected staff and their representatives to put their views to the
decision maker, and
Consider those views before making a final decision.
The ATO must also outline the context and/or reasons for prospective changes
and the potential impacts. Consultation will happen at the workplace level, Sub
Plan consultative forums, and at the National Consultative Forum, or at other
times when you seek consultation through your CPSU representatives.
What should the ATO consult with you about?
Consultation may vary depending on the kind of change, and the scope of the
change proposed. However, the principles of transparency, and the ability to
access relevant information and the support and advice of CPSU should be
The ATO is obliged to consult with you about:
Prospective business decisions which significantly affect the way you
How those decisions are implemented.
The GEA also outlines the more specific requirement to consult:
When the ATO proposes to create, develop or significantly and
substantially change a policy or guideline that relates to the provisions of
Before new or changed rostering arrangements are introduced
If the ATO intends to alter the current standard hours
In developing the voluntary arrangements used in rostering
At the earliest practicable stage where ATO proposes to permanently move
employees between buildings
During the annual review of the Workforce Plan
When it becomes apparent that an excess employee situation may arise
When an excess employee situation exists
In relation to any reviews or significant changes to the ATO’s
recruitment and selection policy
On the establishment of a Workplace Diversity Program
On the design of new, and modification of existing, accommodation
On matters of disruption during building activity
When changes happen in your workplace and to the way you work, CPSU
recommends you talk through these changes with your workmates. CPSU can
facilitate this discussion and advise you on options available to you. CPSU can
also represent you in the ATO’s consultation with you. CPSU represents members
at the National Consultative Forum and at the Sub Plan and local levels.
Getting support from your CPSU delegate or CPSU staff will ensure your rights
and entitlements are observed. The earlier you ask for assistance, the better.
Individual employee representation
You are entitled to CPSU representation in any individual workplace matter
arising under the GEA, such as:
Change of work location
Access to training
Access to leave
Negotiations for a part time work or regular hours agreement
This representation can be in the form of support or advocacy. Your local
CPSU delegate is entitled to be released from duties for a reasonable amount of
time to help you and to attend meetings between you and the ATO. If you think a
situation is arising where you might need a representative, contact your CPSU
delegate or call CPSU on 1300 137 636.
If you find yourself in a meeting with your team leader or manager and they
raise an alleged performance or misconduct issue, or something else you should
have time to prepare for, ask to postpone the meeting. Only continue with the
You know what the meeting is about
You’ve had an opportunity to prepare for it and
You are properly represented.
Key points to remember
You are entitled to be adequately consulted at work and you are entitled
to expect the ATO to follow the GEA.
You are entitled to representation from CPSU on issues that affect you,
individually or as part of a group.
The earlier you talk to CPSU about a work-related issue, the better the
potential outcomes are.
CPSU exists to make a positive difference to members’ lives. Collective
strength gives us the power to defend your rights at work. To join CPSU, see
your workplace delegate for an application form, join securely online
here or call 1300 137 636.