Common use of Change of Contract Clause in Contracts

Change of Contract. 14.1 In addition to Clause 10, where a decision is made by Trident to relinquish a security contract, or a decision is made by a principal that is likely to bring about a change of contract, where Trident is the outgoing contractor, the following will apply: (a) Trident must notify the relevant Employees in writing of any such decision 28 days, or as soon as practicable, before an existing contract is due to expire, or when Trident has been notified that the contract has been terminated; (b) The notification to relevant Employees must be in writing, containing options (if any) for suitable alternative employment for Employees with Trident in the event that the contract is terminated; (c) Trident must provide to the successful tenderer a list of Employees who have given permission for their details to be so provided and who wish to be considered for employment by the incoming contractor; (d) Trident will facilitate a meeting between the incoming contractor and the relevant Employees. The time and length of the meeting will depend on operational requirements. Where practicable, the meeting will occur in an Employee's ordinary time without loss of pay; (e) Trident will endeavour to ensure that no Employee involuntarily loses their job as a result of a change of contract; (f) Trident will consider, discuss and specify any suitable alternative employment for Employees who do not receive an offer of employment from the incoming contractor. Trident must notify those Employees who are to be offered suitable alternative employment, identify the site, the hours of work and the rates of pay proposed. Employees who are not offered suitable alternative employment with Trident must be notified in writing by Trident, and the notice must contain details of the Employee's entitlements (including accrued annual leave) and a statement of service (including length of service, hours of work, classification and shift configuration); (g) Trident will endeavour to enter into arrangements with the incoming contractor, for the incoming contractor to accept the transfer of the relevant Employees' accrued leave entitlements. 14.2 Where Trident is the incoming contractor, the following will apply: (a) Trident will, subject to the approval of the outgoing contractor and their employees, meet with existing employees of the outgoing contractor; (b) Trident will endeavour to ensure that no employee of the outgoing contractor involuntarily loses their job as a result of a change of contract; (c) Trident will endeavour to enter into arrangements with the outgoing contractor for the transfer of employees' accrued leave entitlements so that they can be recognised by Trident; (d) Trident will, as soon as practicable after making any offer of employment to employees of the outgoing contractor, provide notification of the offer being made and the terms of the offer to the outgoing contractor. 14.3 In this clause, relevant Employee means an Employee who may be affected by a change of contract.

Change of Contract. 14.1 In addition Clause 40 applies where the Employer decides not to Clause 10, where seek a decision renewal of a contract to perform cleaning services or is made by Trident notified that such a contract to relinquish which the Employer is a security contractparty is to be, or a decision is made by a principal that is likely to bring about a change of contractbe, where Trident is the outgoing contractorterminated. The Employer must, the following will apply: at least 28 days (a) Trident must notify the relevant Employees in writing of any such decision 28 days, or as soon as practicable, practicable if that is later than 28 days) before an existing the contract is due to expireend, or when Trident has been notified that give written notice of the situation to the affected Employees and the Union, including the date on which the contract has been terminated; (b) is due to end. The notification to relevant Employees must be Employer must, in writingthe notice under clause 40.2, containing specify any options (if any) available for suitable alternative employment for Employees with Trident the Employer in the event that the contract ends. The Employer must give written notice to any affected Employees who are offered suitable alternative employment with the Employer of the offer, including the location at which the work is terminated;proposed to be performed, the proposed hours of work and the proposed rates of pay. The Employer must give a written notice to any Employee who is not offered suitable alternative employment with the Employer that: 40.5.1. gives details of the Employee’s accrued statutory and award entitlements on termination of the Employee’s employment (c) Trident including accrued annual leave); and 40.5.2. contains a statement of the Employee’s service with the Employer (including the length of that service, their hours of work, their classification and shift configuration); and 40.5.3. invites the Employee to notify the Employer if they consent to the Employer giving their name to the incoming contractor so that they may be considered for employment with that contractor. The Employer must provide to the successful tenderer incoming contractor a list of the names of Employees who have given permission for consented to their details name being provided to be that contractor so provided and who wish to that they may be considered for employment by the incoming with that contractor; (d) Trident will facilitate . The Employer must take steps to organise a meeting between the incoming contractor and the relevant Employees. The time and length of the meeting will depend on operational requirements. Where practicable, the meeting will occur in an Employee's ordinary time without loss of pay; (e) Trident will endeavour to ensure that no Employee involuntarily loses their job as a result of a change of contract; (f) Trident will consider, discuss and specify any suitable alternative employment for Employees who do not receive an offer of employment from the incoming contractor. Trident must notify those Employees who are to be offered suitable alternative employment, identify the site, the hours of work and the rates of pay proposed. Employees who are not offered suitable alternative employment with Trident must be notified in writing by Trident, and the notice must contain details of the Employee's entitlements (including accrued annual leave) and a statement of service (including length of service, hours of work, classification and shift configuration); (g) Trident will endeavour to enter into arrangements with the incoming contractor, for the Employer. The incoming contractor to accept the transfer of the relevant Employees' accrued leave entitlements. 14.2 Where Trident is the incoming contractor, the following will apply: (a) Trident will, subject to the approval of the outgoing contractor and their employees, meet with existing employees of the outgoing contractor; (b) Trident will endeavour to ensure that no employee of the outgoing contractor involuntarily loses their job as a result of a change of contract; (c) Trident will endeavour to enter into arrangements with the outgoing contractor for the transfer of employees' accrued leave entitlements so that they can be recognised by Trident; (d) Trident willmust, as soon as practicable after making any offer of employment to employees Employees of the outgoing contractor, provide notification give written notice of the offer being made and the its terms of the offer to the outgoing contractor and to any representative, including a relevant union, nominated by the Employee. Section 119 of the Act does not apply to an Employee of the outgoing contractor where: 40.9.1. the Employee of the outgoing contractor agrees to other acceptable employment with the incoming contractor; and 40.9.2. the outgoing contractor has paid to the Employee all of the Employee’s accrued statutory and award entitlements on termination of the Employee’s employment. To avoid doubt, section 119 of the Act does apply to an Employee of an outgoing contractor where the Employee is not offered acceptable employment with either the outgoing contractor or the incoming contractor. 14.3 In this clause, relevant Employee means an Employee who may be affected by a change of contract.