Employment Protection Provision. 10.1.1 ‘Restructuring’ is given the same definition as in section 69OI of the ERA 2000 and includes:
(i) Contracting out; or
(ii) Selling or transferring the employer’s business (or part of it) to another person; but excludes mergers (in the case of mergers clause 10.3 will apply).
10.1.2 Where work undertaken by an employee covered by this Agreement will be, or is likely to be, undertaken by a new employer (whether or not the new employer is an “employer” defined in 1.3) the employer will notify the National Office of the union(s) where one or more of the employees affected by the restructuring is a member of the union(s). In such circumstances the employer will meet with representative(s) of the union(s) to:
(a) Identify the issues the employee(s) wish to have considered by the new employer;
(b) Ensure that all current terms and conditions of employment of the employee(s) are accurately recorded; and
(c) Determine the process by which communications to/from the employee(s) will be conducted.
10.1.3 The employer will encourage the new employer to agree to the involvement of the union(s) in the processes described in clauses 10.1.4 and 10.1.5 below.
10.1.4 Having completed the process described in 10.1.2 above, the employer will meet with the new employer to:
(a) 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
(b) seek a proposal for the employment of the affected employees by the new employer, including clarification of the terms and conditions upon which those employees would be offered employment by the new employer.
10.1.5 The following shall be matters for clarification under clause 10.1.4(b) and again should be read in conjunction with the surplus staffing provisions of this collective agreement.
(a) the number and type of positions that may be offered by the new employer to employees affected by the restructuring;
(b) 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);
(c) the arrangements, if required, for the transfer of any accrued benefits and entitlements in relation to those employees;
(d) the arrangements, if required, for when and how offers of employment are to be made to the affected employees and the mode of acceptance, including whether any offers of employment made by the new emplo...
Employment Protection Provision. 44.1 The Employer will comply with sub part 1 and sub part 2 of Part 6A “Continuity of employment if employees’ work affected by restructuring” of the Employment Relations Act 2000. The Employer will also comply with its obligations under clauses 19-22 of the Code of Good Faith for the Public Health Sector (Schedule 1 B of the Employment Relations Act 2000).
Employment Protection Provision. In the event that the Employer enters into an arrangement whereby a new employer will undertake work currently undertaken by the Employees, the Employer will negotiate with the new employer about whether the affected employees will be offered employment and on what terms and conditions.
Employment Protection Provision. 10.1.1 ‘Restructuring’ is given the same definition as in section 69OI of the ERA 2000 and includes:
(i) Contracting out; or
(ii) Selling or transferring the employer’s business (or part of it) to another person; but excludes mergers (in the case of mergers clause 10.3 will apply).
Employment Protection Provision. Where the Employer is contracting out, selling or transferring all or part of the business, including the part of the business where permanent Employees covered by this Agreement are employed, the following provisions will apply in addition to the provisions in clause 20.
a) The Employees and unions 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 and the timeframes advised.
b) 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 affected permanent Employees employment on the same or similar terms and conditions and recognising service as continuous.
c) Affected permanent Employees are entitled to choose whether or not to accept employment with the contractor/service provider. If the contractor/service provider offers a permanent Employee employment in terms of clause b) above, no redundancy situation will arise, whether or not the Employee chooses to accept the offer of employment.
d) In the event that the contractor/service provider is not prepared to offer a permanent Employee employment in terms of subclause b 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 as specified in clause 43.
e) In the case of a casual or temporary Employee, the Employer will keep the casual or temporary Employee informed of developments and discuss with the potential new employer whether casual or temporary staff will be taken on by the potential new employer. A casual or temporary Employee is entitled to choose to accept or refuse employment with a potential new employer as is any other Employee.
f) In the case of an Employee who falls into one of the "specified categories of Employees" Part 6A of the Employment Relations Act 2000, the provisions in Part 6A of the Act shall apply instead of the provisions in this sub-clause.
Employment Protection Provision. (a) If an employer proposes to restructure (as defined in section 69OI of the Employment Relations Act), and the proposal may result in a worker’s work being performed for a new employer, the employer will as soon as is reasonably practicable, taking into account the commercial and confidentiality requirements of the business:
(i) endeavour to arrange a meeting or meetings (if required) with the new employer before the business is transferred to the new employer. In attendance at the meeting(s) will be the employer’s representatives and representatives of the new employer.
(ii) advise the worker of such meeting(s), the intended agendas and the attendees before any meeting with the new employer.
(b) The purpose of the meeting(s) will be to discuss and negotiate with the new employer as to whether the worker may:
(i) transfer to the new employer on the terms and conditions of employment set out in this agreement; or
(ii) transfer to the new employer on different terms and conditions of employment; or
(iii) not transfer to the new employer.
(c) The Employer will meet with the worker and the worker’s representative after the meeting(s) with the new employer to:
(i) convey the outcome of the negotiation and decision outlined in above; and
(ii) outline the worker’s entitlements (if any) if the worker does not transfer to the new employer.
(d) For employees whose work is covered by Schedule 1A of the Employment Relations Act 2000 (e.g. cleaners) their employee protection provisions are set out in subpart 1 of Part 6A of the Employment Relations Act.
Employment Protection Provision. 7.1 “Attention is drawn to Part 6A of the Employment Relations Act 2000 which provides certain protections to certain Employee categories where the Employer proposes to restructure its business so their work is to be performed by a new Employer. Those relevant Employees who may be covered by this Agreement are those who provide cleaning services, food catering services, caretaking, or laundry services.”
Employment Protection Provision. 24.1 If the employer is proposing a restructure (that is sell, transfer or contract out all or any part of the employer’s operation to a new employer) and the employee’s position is affected by the restructure then the employer will consult with the employee as required by current legislation.
24.2 In a restructure the employer will endeavour to negotiate with the new employer for the continued employment of the employee on the terms of this agreement if that is possible or on such terms as may be agreed. If such negotiations are successful the employee may choose whether to transfer or not on the terms so negotiated. If the employee does transfer then this agreement ends on the day that the restructuring takes place and the redundancy provision of this agreement does not apply.
24.3 If the employee does not transfer to the new employer on a restructure or if in the opinion of the employer the employee’s position becomes surplus to the operation of the employer then redundancy occurs.
24.4 In the event the employee is not employed by the potential new employer for whatever reason redundancy entitlements as per this agreement will apply.
Employment Protection Provision. 4.9.1 Except in the case of mergers where Appendix C will apply, where work undertaken by an employee covered by this agreement will, or is likely to be undertaken by a new employer (including an employer other than as defined in 1.2.1) the existing employer will:
(a) 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
(b) seek a proposal for the employment 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
(c) arrange to meet with the new employer for the purpose of negotiating on the proposal; and
(d) notify a representative of the Amalgamated Workers’ Union where any member may be affected; and
(e) note that the notice provisions of the relevant surplus staffing provisions shall apply as described in 4.8 above.
4.9.2 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
Employment Protection Provision. The definitions as contained in section 69L of the Employment Relations Xxx 0000 shall apply.
19.1 At all times during any negotiation for restructuring or when undertaking any agreed restructuring, the privacy rights of affected employees shall be observed by the employer, including the union membership status of any affected employee.
19.2 When negotiating with a new employer, the employer must clarify with the new employer the effect on the affected employees of the proposed restructuring, including whether the affected employees will be offered employment by the new employer on the same terms and conditions.
19.3 The employer, if proposing to enter into a restructuring arrangement that will, or is likely to, affect the employees such that they would be an affected employee as defined in the Act, must provide to those employees and the Union:
(i) Access to information relevant to the continuation or proposed change to their employment about the restructuring, and
(ii) An opportunity to comment on the information to the employer before the restructuring arrangement is entered into.
