Change of Ownership. Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this agreement shall require the employer to pay compensation for redundancy to the employee if: (a) The person acquiring the business or the part being sold or transferred - (i) has offered the employee employment in the business or the part being sold or transferred; and (ii) has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (i) any service related conditions; and (ii) any conditions relating to redundancy; and (iii) any conditions relating to superannuation - under the employment being terminated; and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: (i) in the same capacity as that in which the employee was employed by the Employer, or (ii) in any capacity that the employee is willing to accept. (d) Where the person acquiring the business does not offer the employee employment on the basis of a, b and c above, the employee will have full access to the staff surplus provisions.
Appears in 7 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Change of Ownership. Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this agreement shall require the employer to pay compensation for redundancy to the employee if:
(a) The person acquiring the business or the part being sold or transferred -–
(i) has offered the employee employment in the business or the part being sold or transferred; and
(ii) has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and
(b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including:
(i) any service related conditions; and
(ii) any conditions relating to redundancy; and
(iii) any conditions relating to superannuation - under the employment being terminated; and
(c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either:
(i) in the same capacity as that in which the employee was employed by the Employer, or
(ii) in any capacity that the employee is willing to accept.
(d) Where the person acquiring the business does not offer the employee employment on the basis of (a), b (b) and c (c) above, the employee will have full access to the staff surplus provisions.
Appears in 3 contracts
Samples: Dental Therapists and Dental Assistants Collective Agreement, Dental Therapists and Dental Assistants Collective Agreement, Collective Agreement
Change of Ownership. Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this agreement shall require the employer to pay compensation for redundancy to the employee if:
(a) a. The person acquiring the business or the part being sold or transferred -
(i) i. has offered the employee employment in the business or the part being sold or transferred; and
(ii) . has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and
(b) b. The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including:
(i) i. any service service-related conditions; and
(ii) . any conditions relating to redundancy; and
(iii) . any conditions relating to superannuation - under the employment being terminated; and
(c) c. The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either:
(i) i. in the same capacity as that in which the employee was employed by the Employer, or
(ii) . in any capacity that the employee is willing to accept.
(d) d. Where the person acquiring the business does not offer the employee employment on the basis of a, b b, and c above, the employee will have full access to the staff surplus provisions.
Appears in 3 contracts
Samples: Mental Health and Public Health Nursing Collective Agreement, Mental Health and Public Health Nursing Collective Agreement, Mental Health and Public Health Nursing Collective Agreement
Change of Ownership. Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this agreement shall require the employer to pay compensation for redundancy to the employee if:
(a) The person acquiring the business or the part being sold or transferred -–
(i) has offered the employee employment in the business or the part being sold or transferred; and
(ii) has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and
(b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including:
(i) any service related conditions; and
(ii) any conditions relating to redundancy; and
(iii) any conditions relating to superannuation - under the employment being terminated; and
(c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either:
(i) in the same capacity as that in which the employee was employed by the Employer, or
(ii) in any capacity that the employee is willing to accept.
(d) Where the person acquiring the business does not offer the employee employment on the basis of (a), b (b) and c (c) above, the employee will have full access to the staff surplus provisions.
Appears in 2 contracts
Samples: Dental Therapists and Dental Assistants Collective Agreement, Dental Therapists and Dental Assistants Collective Agreement
Change of Ownership. 10.8.1 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this agreement shall require the employer to pay compensation for redundancy to the employee if:
(a) The person acquiring the business business, or the part being sold or transferred -
(i) i. has offered the employee employment in the business or the part being sold or transferred; and
(ii) . has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and
(b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including:
(i) i. any service service-related conditions; and
(ii) . any conditions relating to redundancy; and
(iii) . any conditions relating to superannuation - under the employment being terminated; and
(c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either:
(i) i. in the same capacity as that in which the employee was employed by the Employer, or
(ii) . in any capacity that the employee is willing to accept.
(d) Where the person acquiring the business does not offer the employee employment on the basis of a, b b, and c above, the employee will have full access to the staff surplus provisions.
Appears in 2 contracts
Samples: Policy Advisory Knowledge and Specialist Workers Collective Agreement, Policy Advisory Knowledge and Specialist Workers Collective Agreement
Change of Ownership. Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this agreement shall require the employer to pay compensation for redundancy to the employee if:
(a) The person acquiring the business or the part being sold or transferred -
(i) has offered the employee employment in the business or the part being sold or transferred; and
(ii) has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and
(b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including:
(i) any service related conditions; and
(ii) any conditions relating to redundancy; and
(iii) any conditions relating to superannuation - under the employment being terminated; and
(c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either:
(i) in the same capacity as that in which the employee was employed by the Employer, or
(ii) in any capacity that the employee is willing to accept.
(d) Where the person acquiring the business does not offer the employee employment on the basis of (a), b (b) and c (c) above, the employee will have full access to the staff surplus provisions.
Appears in 1 contract
Samples: Multi Employer Collective Agreement
Change of Ownership. Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this agreement shall require the employer to pay compensation for redundancy to the employee if:
(a) The person acquiring the business or the part being sold or transferred -–
(i) has offered the employee employment in the business or the part being sold or transferred; and
(ii) has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and
(b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including:
(i) any service related conditions; and
(ii) any conditions relating to redundancy; and
(iii) any conditions relating to superannuation - under the employment being terminated; and
(c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either:
(i) in the same capacity as that in which the employee was employed by the Employer, or
(ii) in any capacity that the employee is willing to accept.
(d) Where the person acquiring the business does not offer the employee employment on the basis of a, b and c above, the employee will have full access to the staff surplus provisions.
Appears in 1 contract
Samples: Collective Agreement
Change of Ownership. Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this agreement shall require the employer to pay compensation for redundancy to the employee if:
(a) The person acquiring the business or the part being sold or transferred -transferred:
(i) has offered the employee employment in the business or the part being sold or transferred; and
(ii) has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and
(b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including:
(i) any service related conditions; and
(ii) any conditions relating to redundancy; and
(iii) any conditions relating to superannuation - under the employment being terminated; and
(c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either:
(i) in the same capacity as that in which the employee was employed by the Employer, or
(ii) in any capacity that the employee is willing to accept.
(d) Where the person acquiring the business does not offer the employee you employment on the basis of a, b and c above, the employee you will have full access to the staff surplus provisions.
Appears in 1 contract
Change of Ownership. 39.12.1 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this agreement shall require the employer to pay compensation for redundancy to the employee if:
(a) The person acquiring the business or the part being sold or transferred -
(i) i. has offered the employee employment in the business or the part being sold or transferred; and
(ii) . has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and
(b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including:
(i) i. any service related conditions; and
(ii) . any conditions relating to redundancy; and
(iii) . any conditions relating to superannuation - under the employment being terminated; and
(c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either:
(i) i. in the same capacity as that in which the employee was employed by the Employer, or
(ii) . in any capacity that the employee is willing to accept.
(d) Where the person acquiring the business does not offer the employee employment on the basis of a, b and c above, the employee will have full access to the staff surplus provisions.
Appears in 1 contract
Samples: Multi Employer Collective Agreement
