Employee Protection Provision. 30.1 Where the employer is contracting out, selling or transferring all or part of the business, including the part of the business where the employee is employed, the following provisions will apply:
30.1.1 The employer shall endeavour to consult the employee about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made.
30.1.2 If the employer decides to proceed with the proposed restructure, it will negotiate with the new contractor/service provider with a view to endeavouring to have the new employer offer the employee employment on the same or substantially similar terms and conditions including location, and recognising service as continuous. The employee will be advised of timeframes for such negotiation and/or for the acceptance of any offer of employment and/or of any application process, in a timely manner.
30.1.3 The employee is entitled to choose whether or not to accept employment with the contractor/service provider. In the event that the contractor/service provider offers the employee employment in terms of 30.1.2 above, no redundancy situation will arise, and the employee will not be entitled to receive redundancy compensation or additional notice as specified in 29.5 above, whether or not the employee chooses to accept the offer of employment. The employee will be entitled to notice of termination with the employer as specified in this clause.
30.1.4 In the event that the contractor/service provider is not prepared to offer the employee employment in terms of 30.1.2 above, the employee will be entitled to notice of termination as specified in clause 39.1 and will remain entitled to the provisions of 29.5.
30.2 The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.
Employee Protection Provision. Where the employer is contracting out, selling or transferring all or part of the business, including the part of the business where an employee is employed, the following provisions will apply:
(i) Where practicable, the employee/s will be consulted about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made. The parties acknowledge that it will generally be practicable to consult.
(ii) If the employer decides to proceed with the proposed restructure, it will negotiate with the new contractor/service provider with a view to endeavouring to have the new employer offer the employee/s employment on the same or similar terms and conditions and recognising service as continuous. The employee/s will be advised of timeframes for such negotiation and/or for the acceptance of any offer of employment and/or of any application process, in a timely manner.
(iii) The employee/s is/are entitled to choose whether or not to accept employment with the contractor/service provider. In the event that the contractor/service provider offers the employee/s employment in terms of (ii) above, no redundancy situation will arise, and the employee/s will not be entitled to receive redundancy compensation, whether or not the employee/s chooses to accept the offer of employment.
(iv) In the event that the contractor/service provider is not prepared to offer the employee/s employment in terms of (ii) above, or offers employment on lesser terms and conditions and/or without recognition of the employee/'s’ service, the employee/s will be entitled to the provisions of clause 37 as they would otherwise apply.
(v) If the employee’s employment will end by reason of redundancy, the employee is entitled to approach the employer, either individually or as part of a group, and/or with a representative at the employee’s election, to discuss other ways in which the employee feels the employer may be of assistance during the notice period (e.g. time off for interviews, EAP services, assistance with CV preparation and outplacement).
(vi) The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.
Employee Protection Provision a) Where the employer is contracting out, selling or transferring all or part of the business, including the part of the business where the employee is employed, the following provisions will apply:
(i) Where practicable, the employee and the union will be consulted about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made.
(ii) If the employer decides to proceed with the proposed restructure, it will negotiate with the new contractor/service provider with a view to endeavouring to have the new employer offer the employee employment on the same or similar terms and conditions and recognising service as continuous. The employee and the union will be advised of timeframes for such negotiation, and for the acceptance of any offer of employment or of any application and interview process, as soon as possible.
(iii) The employee is entitled to choose whether or not to accept employment with the contractor/service provider. In the event that the contractor/service provider offers the employee employment in terms of sub clause (ii) above, no redundancy situation will arise, whether or not the employee chooses to accept the offer of employment.
b) In the event that the contractor/service provider is not prepared to offer the employee employment in terms of sub clause ii) above, or offers employment on lesser terms and conditions and/or without recognition of the employee's service, the employee will receive notice of termination in accordance with this agreement.
Employee Protection Provision. F.
9.1 In any case of restructuring, as defined in the Employment Relations Amendment Act (No 2) 2004, i.e. where the business (or part of it) is sold or transferred or contracted out to another person, the employer will notify the affected employees and their representative(s) that restructuring is a possibility as soon as is practicable, subject to requirements to protect commercially sensitive information. The employer will enter into a process of consultation with affected employees and their representative(s) prior to any final decisions being made.
Employee Protection Provision. 18.1 In the event of a Restructuring, as defined in the Employment Relations Act (being the sale, transfer, or contracting out of all or part of the business), that may affect Your employment, the Employer will:
(a) as soon as is reasonably practicable, taking into account the commercial requirements of the business, commence negotiations with the potential new Employer concerning the impact of the restructuring on Your position and agree on how those negotiations will be conducted; and
(b) negotiate with the potential new Employer regarding whether or not it proposes to offer employment to you, and if so the terms and conditions it proposes to offer employment to you, and the proposed date for commencement of employment with the potential new Employer.
18.2 Whether or not you are employed by the potential new Employer, for whatever reason, the Redundancy clause in this agreement applies and you will not be entitled to any additional payment, whether by way of redundancy compensation or otherwise.
Employee Protection Provision. Where employees are terminated due to the sale; contracting out or transfer of the whole or part of the business of the employer and the employee is offered employment of a similar nature with the transferor of the business or the contractor, the employee shall not be deemed to have been made redundant. The employer shall endeavour to provide in the sale and purchase agreement provision for employees’ continuity of service with the purchaser. In the absence of such provision the employer shall notify the employees affected by the sale, transfer or contracting out of the whole or part of the business in accordance with this clause. No claim for compensation may be made against the employer.
Employee Protection Provision. (a) In any case of restructuring, as defined in the Employment Relations Amendment Act (No 2) 2004, i.e. where the business (or part of it) is sold or transferred or contracted out to another person, the employer will notify the affected employees that restructuring is a possibility as soon as is practicable, subject to requirements to protect commercially sensitive information.
(b) In the course of negotiating a sale and purchase agreement or a transfer agreement or a contract for services the employer will:
(i) endeavour to obtain employment for the affected employees (if practicable) with the new employer; and
(ii) endeavour to obtain such employment on substantially the same terms and conditions of employment applying to the employee.
(c) The employer will subsequently advise the affected employees as to whether employment opportunities exist with the new employer and, if so, the nature of those opportunities.
(d) Where employment opportunities exist the employer will advise the affected employees of their right to accept or decline to transfer to the new employer.
(e) If an affected employee chooses to transfer to the new employer they will not be deemed to be redundant for the purposes of clause 45.
(f) If an affected employee chooses not to transfer to the new employer where the conditions of employment offered are the same or not inconsistent with the employee’s existing terms of employment, the notice provisions of clause 40 will apply. Clause 45 will not apply with the exception of clause 45 (e), (f) and (g).
(g) If there are no employment opportunities with the new employer, an employee will be deemed to be redundant (subject to redeployment opportunities) and clause 45 will apply.
Employee Protection Provision. If we enter into negotiations for the transfer of all or part of our business (including an agreement to sell, transfer or contract out part of our business) and if that transfer would result in your position being made redundant, we will, where reasonably practicable, request that the person acquiring the business employ you on the same or similar conditions, and agree to treat your employment as continuous. Where possible, you will be consulted about any proposed transfer prior to any final decision being made. If the person acquiring the business wishes to employ you, we will do our best to ensure that the offer and the details of the transfer process are communicated to you within a reasonable timeframe. If the person acquiring the business does not wish to employ you, or if you do not wish to accept an offer from that person, we will meet with you, also within a reasonable timeframe, to discuss your entitlements and options under this agreement.
Employee Protection Provision. The parties agree that this section meets the requirements of Part A subpart 3 of the Employment Relations Act, and in particular section 69OJ of subpart 3. Attention is also drawn to Schedule 1B “Code of good faith for public health sector”, and in particular clauses 19, 20 and 21 of the Code.
26.1 In the event that all or part of the work undertaken by the employee will be affected by the employer entering into an arrangement whereby a new employer will undertake the work currently undertaken by the employee, the employer will meet with the employee, providing information about the proposed arrangement and an opportunity for the employee to comment on the proposal, and will consider and respond to their comments. The employee has the right to seek the advice of their union or to have the union act on their behalf.
26.2 The employer will negotiate with the new employer, including whether the affected employees will transfer to the new employer on the same terms and conditions, and will include in the agreement reached with the new employer a requirement that the employee be offered a position with the new employer at the same or similar terms of employment.
26.3 Where the employee either chooses not to transfer to the new employer, or is not offered employment by the new employer, the employer will activate the staff surplus provisions of this agreement.
Employee Protection Provision. The purpose of this provision is to provide protection for the employment of an affected employee if the employer’s business is restructured. Restructuring, in relation to the employer’s business means:
a) Entering into a contract or arrangement under which the employer’s business (or part of it) is undertaken for the employer by another person; or
b) Selling or transferring the employer’s business (or part of it) to another person
c) In the event of a restructuring that may affect an employee’s future employment, the employer will undertake the following steps:
d) The employer shall initiate and agree on a negotiation process with the potential new employer around the extent to which the proposed restructuring related to the affected employee’ position as soon as practicable.
e) The employer will negotiate with the potential new employer the following:
i. Whether or not the employee’s position would transfer to the potential new employer;
ii. Where an employee’s position would transfer to the new employer, the terms and conditions of employment that would be offered to them by the potential new employer; and
iii. The proposed date that an employee would commence employment with the potential new employer. In the event that an employee is not offered employment with the potential new employer for whatever reason, their redundancy entitlements will be determined in accordance with the redundancy provision of this Agreement. Note the application of Part 6A of the Employment Relations Act 2000 to kitchen, cleaning and laundry workers.
