The Australian Retailers Association (ARA) has appeared before the Fair Work Commission to pursue changes to the Model Consultation Clause, which will be inserted in all Modern Awards from 1 January 2014.

ARA executive director, Russell Zimmerman, said the appearance will be followed by a substantial written submission to the Commission.

“The Commission has proposed a clause which, in its present form, could have the impact of requiring employers to consult with employees whenever they made a change to a regular roster. For an industry where peaks and troughs in trade are commonplace, this is simply impractical,” Zimmerman said.

“The ARA has proposed to limit the circumstances in which consultation should occur so that it is only those who have a reasonable expectation of fixed hours of work who must be consulted with.

“The ARA considers this to be a crucial issue for the retail industry, and is proud to have been the only retail employer association to have provided submissions on the issue and to appear before the Commission,” he said.