Common use of Employee Protection Provisions Clause in Contracts

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. 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 88.3. This clause as a whole shall be read in conjunction with those provisions.