Employee Protection Provisions. 35.14.1 The parties acknowledge that Section 69M of the Employment Relations Act requires all collective agreements to contain provisions in relation to the protection of employees where their employer's business is restructured. It is agreed that these provisions exist within the current collective agreement (e.g. Clause 35.1 Management of Change and Clause 35.13 Change of Ownership) or by virtue of the statutory provisions set out in Sections 19, 20 and 21 of Schedule 1B of the Employment Relations Act.
Employee Protection Provisions. 8.5.1 Where work undertaken by an employee covered by this Agreement will be, or is likely to be undertaken by a new employer the employer will: • Provide the new employer with details of the work currently performed by the employees concerned together with details of the terms and conditions of their employment; and • Seek a proposal for the employment (if any) of the affected employees by the new employer, including the terms and conditions upon which those employees would be offered employment by the new employer; and • Arrange to meet with the new employer for the purpose of negotiating on the proposal; and • Notify the National Office of the union where any affected employees are union members; and Note that the notice provisions of the surplus staffing provisions in this Agreement shall apply.
8.5.2 The following shall be matters for negotiation with the new employer in relation to employees affected by the restructuring and again should be read in conjunction with the surplus staffing provisions: • The number and type of positions that may be offered by the new employer to employees affected by the restructuring; and • The terms and conditions of employment to be offered to those employees (including whether the employees will transfer to the new employer on the same terms and conditions of employment); and • The arrangements, if required, for the transfer of any accrued benefits and entitlements in relation to those employees; and • The arrangements, if required, for when and how offers of employment are to be made to the affected employees and the mode of acceptance.
8.5.3 The process to be followed at the time of the restructuring to determine what entitlements, if any, are available for employees who do not transfer to the new employer are set out in clause 8.
Employee Protection Provisions. The provisions of this clause shall apply in the event of the contracting out of any work of the employees covered by this agreement, or in the event of the sale or transfer of ownership of all or part of the business, except where the incoming employer offers employees employment on terms and conditions no less favourable, then the employee shall be deemed not to have been made redundant and shall not be entitled to any redundancy compensation on termination of employment.
Employee Protection Provisions. The parties acknowledge that Section 69M of the Employment Relations Act 2000 requires all collective agreements to contain provisions in relation to the protection of employees where their employer’s business is restructured. It is agreed that these provisions exist within the current collective agreement (e.g., clause 10 (Management of Change) and clause 10.8 (Change of Ownership) or by virtue of the statutory provisions set out in Sections 19, 20 and 21 of Schedule 1B of the Employment Relations Act 2000. 11 Administration pay system This section sets out how the national health administration workers’ pay system works. It includes: • Starting rates • Pay scales • Pay progression • Pay structure rules
Employee Protection Provisions. Paragraph F of the Extension & Eleventh Amendment Agreement of Contract Serial Nos. 0070, 8107, 8108, G8805, G8891 and G9325 and ARTICLE 45 of contracts under Serial No. 7165 is hereby amended to read as follows:
Employee Protection Provisions. Howick Baptist Healthcare Ltd shall, when considering to contract out, sell or lease or transfer all or any part of Howick Baptist Healthcare Limited, follow the process outlined below: meet with the unions party to this agreement to discuss the proposal to contract out, sell, lease or transfer all or part of its operation and set time frames for this process; after receiving proposals from the potential purchasers, leasors or contractors shall meet with the unions to discuss and consult about the proposals, including the advantages and disadvantages in relation to costs and benefits which would result from selling, leasing or contracting out; If Howick Baptist Healthcare Ltd decides to contract out, sell, lease or transfer all or any part of its operations at Howick Baptist Healthcare Limited, use its best endeavours to ensure employees are offered employment with the same terms and conditions with the new employer, including recognition of service as continuous. This information will then be included in the sale and purchase agreement. All affected employees must be given a reasonable opportunity to exercise their right to elect to transfer to the new employee, or not transfer. Where Howick Baptist Healthcare Ltd is unable to secure continuity of employment with the Purchaser, it shall meet with the unions to discuss options available to affected employees, including:
a. Redeployment to a suitable position within Howick Baptist Healthcare Limited b. Redundancy severance c. Job search assistance
d. Preparation of curriculum vitae
e. Provision of a certificate of service
f. Counselling Except that those employees of Howick Baptist Healthcare Limited performing cleaning, food catering, caretaking or laundry services, who elect to transfer to the new employer, shall automatically become an employee of the new employer on the same terms and conditions as applied immediately before the specified date, including terms and conditions relating to whether the employee is employed fulltime or part time, and their employment will be treated as continuous, including service-related entitlements. The new employer shall become a party to this Collective Agreement in relation to these employees. Employees whose positions are redundant as a result of contracting out, sale, lease or transfer of the business shall be entitled to redundancy in accordance with clause 33 of this agreement. Redundancy shall not be payable if employment is offered to an employee on the same ter...
Employee Protection Provisions. 13.1 Where the Employer proposes to restructure its business by:
(a) Selling or transferring a part or all of the business to another person; or
(b) Contracting another business to perform work that was previously performed in-house; and following the restructuring the employees work is to be performed for a new employer then the Employer will negotiate with the prospective new employer regarding the transfer of the affected employees to the prospective new employer.
13.2 The process which the Employer will follow in its negotiations with the prospective new employer will include (but not be limited to):
(a) Proposing, as a term of sale, transfer or contracting out that the prospective new employer offer employment to all affected employees on the same or substantially the same terms and conditions as the existing terms and conditions and agree to treat service as if it were continuous; and
(b) Use its best endeavours to reach agreement with the prospective new Employer that the prospective new employer will offer employment to the affected employees on terms which are the same or substantially similar to the employees terms of employment at the time of the sale, transfer or contracting out whilst recognising, however, that there is no obligation on the Employer to achieve that outcome in such negotiations.
13.3 The matters relating to the affected employees which the Employer will negotiate with the prospective new employer will include (but not be limited to):
(a) the number of employees to whom the prospective new employer will offer employment and the terms of such offer; and
(b) the process of and criteria for selection of the employees to whom the prospective new employer does not propose to offer employment.
13.4 Where the Employer reaches an agreement with the prospective new employer regarding the sale, transfer or contracting out then the Employer will advise the affected employees and NZEI of the outcome of the negotiations and, in particular, pass on the terms of any offer of employment by the prospective new employer. It is then for the employee to elect whether or not to transfer.
13.5 If the employee does not receive an offer of employment from the new employer or the employee elects not to accept an offer of employment from the new employer, the following shall apply.
Employee Protection Provisions. Howick Baptist Healthcare Ltd shall, when considering to contract out, sell or lease or transfer all or any part of Howick Baptist Healthcare Limited, follow the process outlined below: meet with the unions party to this agreement to discuss the proposal to contract out, sell, lease or transfer all or part of its operation and set time frames for this process; after receiving proposals from the potential purchasers, leasors or contractors shall meet with the unions to discuss and consult about the proposals, including the advantages and disadvantages in relation to costs and benefits which would result from selling, leasing or contracting out; If Howick Baptist Healthcare Ltd decides to contract out, sell, lease or transfer all or any part of its operations at Howick Baptist Healthcare Limited, use its best endeavours to ensure employees are offered employment with the same terms and conditions with the new employer, including recognition of service as continuous. This information will then be included in the sale and purchase agreement. All affected employees must be given a reasonable opportunity to exercise their right to elect to transfer to the new employee, or not transfer. Where Howick Baptist Healthcare Ltd is unable to secure continuity of employment with the Purchaser, it shall meet with the unions to discuss options available to affected employees, including:
a. Redeployment to a suitable position within Howick Baptist Healthcare Limited b. Redundancy severance c. Job search assistance
Employee Protection Provisions. The parties acknowledge that Section 69M of the Employment Relations Act 2000 requires all collective agreements to contain provisions in relation to the protection of employees where their employer’s business is restructured. It is agreed that these provisions exist within the current collective agreement (e.g., clause 10 (Management of Change) and clause 10.8 (Change of Ownership) or by virtue of the statutory provisions set out in Sections 19, 20 and 21 of Schedule 1B of the Employment Relations Act 2000. 11 Administration pay system This section sets out how the national health administration workers’ pay system works. It includes: • Starting rates • Pay scales • Pay progression • Pay structure rules
11.1 Pay Rates and Job Banding Structure The National Health Administration Job Banding System (the System) is made up of the following: • A single national pay scale with pay bands and steps within the bands • National Role Profiles, which are linked to pay bands; and • A specialist pay scale framework for Clinical Coders These elements work together as part of maintaining the pay system for the administration workforce. The National Role Profiles can be found here [Link to National Role Profiles]
Employee Protection Provisions. Where: • part or all of the activities carried out by HUD are to be sold, transferred, or contracted out to another entity, and • as a result, the work previously performed by the employee (or substantially similar work) is instead to be performed by employee(s) of the new entity (and where no statutory provision is made concerning such an event) • in the course of any discussions with the new entity, HUD will: o address the likely impact of this event on the employee, including whether it is possible to transfer the employee to that entity, and, if so, o discuss with the new entity whether any such transfer will be offered to the employee on the same terms and conditions of employment. In the event that the above situation arises, the process for determining the employee’s entitlements will be the application of the following provisions (as applicable): • regardless of the terms offered, where the employee accepts a transfer to the new entity, no redundancy compensation will be payable; • where the employee is not offered a transfer to the new entity on the same or no less favourable terms and conditions of employment (unless the above clause applies) the organisational change provisions set out in this Agreement will apply. ‘No less favourable terms and conditions’ includes: o the role is substantially the same, or in a similar capacity to that in which the employee was employed; o the role is in the same local geographic area; and o the employee’s service is recognised as continuous, and the service-related and redundancy provisions are no less favourable • where the employee is offered a transfer to the new entity on the same terms and conditions of employment but elects not to accept that offer, no redundancy compensation will be payable.
