I understand how frustrating it can be when your job role changes unexpectedly, especially without any prior discussion or agreement. It's definitely unsettling when you feel like you're losing control over your own career path. Rest assured, I'm here to help you understand your rights and explore what options you might have in this situation. Let me look up the most relevant information for your situation. I understand you're concerned about your employer changing your job role without consultation. This is a significant workplace change that typically requires proper consultation under Australian employment law.

Your Right to Consultation

Consultation clauses generally require consultation where an employer has decided to introduce major changes in production, programming, organisation, structure or technology that are likely to significantly affect employees. A change to your job role would typically fall under organisational or structural changes that significantly affect you as an employee.

What Your Employer Should Have Done

When making major workplace changes like altering job roles, your employer is required to:

[- notify any employees who might be affected by the proposed changes, and their representatives

• discuss the proposed changes with the affected employees and any representatives as soon as possible after a decision is made
• provide them with written information about the changes, how they might affect employees, and any measures the employer will put in place to prevent or reduce any adverse effects
• give prompt consideration to any matters raised by the employees and their representatives.](#citation-1)

Legal Framework

All modern awards include consultation obligations. All enterprise agreements need to have a consultation clause dealing with workplace change. This means regardless of whether you're covered by an award or enterprise agreement, consultation requirements likely apply to your situation.

Employer's Decision-Making Authority

It's important to understand that while an employer must consider the matters raised by the employees, they don't have to obtain the consent of employees or their representatives to make the proposed changes. However, they still must follow the proper consultation process.

Your Options

Since this appears to be a failure to follow proper consultation procedures, I'd recommend first approaching your employer directly about the lack of consultation. Even if you aren't legally required to, consider consulting your employees about changes in your workplace as a matter of routine. You can reference this best practice and ask them to rectify the situation.

Check your award, enterprise agreement, or employment contract as there may also be consultation requirements in an award, enterprise agreement or another registered agreement that applies to the workplace. All awards and enterprise agreements have a consultation clause requiring employers to consult with employees and any representatives when an employer intends to implement significant workplace changes.

Legal Position Summary

Your employer has likely breached their consultation obligations by changing your job role without proper consultation. While they ultimately have the authority to make workplace changes, they must follow the required consultation process first. The failure to consult doesn't necessarily make the change invalid, but it does constitute a breach of their legal obligations under your applicable award or enterprise agreement. You should raise this with your employer immediately and request they follow proper consultation procedures for any future changes.

Practical Next Steps and Workplace Strategies

Here's a breakdown of what you can do now, combining your legal rights with practical workplace strategies:

1. Immediate Action: Request a Meeting

   • How: Send an email to your manager and HR representative requesting an urgent meeting to discuss the changes to your job role. Politely state that you were surprised by the change and would like to understand the reasons behind it, as well as the impact on your responsibilities and career progression.
   • Why: This puts you in control of the narrative and demonstrates that you are proactive and engaged. It also creates a formal record of your concerns.

2. Review Your Employment Documents

   • What: Scrutinize your employment contract, any relevant Enterprise Agreement, and the applicable Modern Award for your industry. Pay close attention to clauses regarding job descriptions, changes to employment conditions, and consultation processes.
   • Why: This will give you a clear understanding of your employer's obligations and whether they have breached any specific terms.

3. Prepare Talking Points for the Meeting

   • What: Before the meeting, prepare a list of questions and points to discuss. Here are some examples:

     • "What is the rationale behind this change in job role?"
     • "How does this new role align with my skills and career goals?"
     • "Will there be any changes to my compensation, benefits, or performance expectations?"
     • "What training or support will be provided to help me succeed in this new role?"
     • "I believe there was a failure to consult about this change, what steps will be taken to rectify this failure?"

   • Why: Being prepared will help you stay focused and ensure that you address all your concerns.

4. During the Meeting: Stay Calm and Assertive

   • How: Express your concerns calmly and professionally. Emphasize your commitment to the company's success, but also assert your right to be consulted about significant changes to your role.
   • Why: Maintaining a professional demeanor will help you build rapport with your manager and HR representative, making them more likely to address your concerns seriously.

5. Document Everything

   • What: Keep a detailed record of all communication related to this issue, including emails, meeting notes, and any verbal agreements.
   • Why: This documentation will be crucial if you need to escalate the issue further or seek legal advice in the future.

6. Seek Feedback and Build Relationships

   • What: Use this situation as an opportunity to seek feedback from your manager and colleagues. Ask for specific examples of how you can improve your performance and contribute to the team's goals.
   • Why: Building strong relationships and demonstrating a willingness to learn and grow will make you a valuable asset to the company, even if you disagree with the changes.

7. Consider Your Long-Term Career Goals

   • What: Reflect on whether this new role aligns with your long-term career goals. If not, start exploring other opportunities within the company or externally.
   • Why: It's important to be proactive about your career development and ensure that you are moving in the right direction, even if it means making difficult decisions.

8. Consult with a Union or Legal Professional

   • What: If you are a member of a union, reach out to them for advice and support. If not, consider consulting with an employment lawyer to discuss your legal options.
   • Why: A union or lawyer can provide expert guidance and help you navigate the legal complexities of your situation.

Additional Resources

• Fair Work Ombudsman:
  • https://www.fairwork.gov.au/
• Your Industry's Modern Award:
  • Searchable on the Fair Work Commission website
• Professional Development Opportunities:
  • Internal training programs offered by your company
  • External courses and workshops relevant to your field

By following these steps, you can assert your rights, protect your interests, and make informed decisions about your career. Remember, you are not alone in this situation, and there are resources available to support you. Let me know if you need any more help navigating this.