Common use of Employment Protection Provision Clause in Contracts

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 employer will be conveyed through the representatives of the union(s). 10.1.6 The notice provisions of the surplus staffing provisions shall apply as described in 10.2.3 and 10.2.4 below. 10.1.7 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 10.2 below. This clause as a whole shall be read in conjunction with those provisions. 10.1.8 Clause 10.1 shall be read in conjunction with clause 10.2.

Employment Protection Provision. 10.1.1 ‘Restructuring’ 8.7.1 “Attention is given the same definition as in section 69OI drawn to Part 6A of the ERA Employment Relations Act 2000 and includes: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.” (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 8.7.2 Where work undertaken by an employee covered Employee (other than a relevant Employee as described under clause 8.7.1 above) bound 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 aboveEmployer, the employer will meet with the new employer toEmployer will: (a) provide the new employer Employer with details of the work currently performed by the employees 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 Employees by the new employerEmployer, including clarification of the terms and conditions upon which those employees Employees would be offered employment by the new employerEmployer; and (c) arrange to meet with the new Employer for the purpose of negotiating on the proposal. 10.1.5 8.7.3 The following shall be matters for clarification under clause 10.1.4(b) and again should be read in conjunction negotiation with the surplus staffing provisions of this collective agreement.new Employer in relation to Employees affected by the restructuring: (a) the The number and type of positions that may will be offered by the new employer Employer to employees Employees affected by the restructuring; (b) the The terms and conditions of employment to be offered to those employees Employees (including whether the employees Employees will transfer to the new employer Employer on the same terms and conditions of employment); (c) the The arrangements, if required, for the transfer of any accrued benefits and entitlements in relation to those employeesEmployees; (d) the arrangements, if required, for when and how offers of employment are to be made to the 8.7.4 Employees affected employees and the mode of acceptance, including whether any offers of employment made by the new employer restructuring will be conveyed through the representatives have any entitlement determined by clause(s) 8.4 and/or 8.5 of the union(s)this Agreement. 10.1.6 The notice provisions of the surplus staffing provisions shall apply as described in 10.2.3 and 10.2.4 below. 10.1.7 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 10.2 below. This clause as a whole shall be read in conjunction with those provisions. 10.1.8 Clause 10.1 shall be read in conjunction with clause 10.2.

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 Appendix B will apply). 10.1.2 6.1.1 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 6.1.2 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 6.1.3 and 10.1.5 6.1.4 below. 10.1.4 6.1.3 Having completed the process described in 10.1.2 6.1.1 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 6.1.4 The following shall be matters for clarification under clause 10.1.4(b6.1.3(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 employer will be conveyed through the representatives of the union(s). 10.1.6 6.1.5 The notice provisions of the surplus staffing provisions shall apply as described in 10.2.3 6.2.3 and 10.2.4 6.2.4 below. 10.1.7 6.1.6 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 10.2 6.2 below. This clause as a whole shall be read in conjunction with those provisions. 10.1.8 6.1.7 Clause 10.1 6.1 shall be read in conjunction with clause 10.26.2.

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 Appendix A will apply). 10.1.2 6.1.1 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 6.1.2 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 6.1.3 and 10.1.5 6.1.4 below. 10.1.4 6.1.3 Having completed the process described in 10.1.2 6.1.1 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 6.1.4 The following shall be matters for clarification under clause 10.1.4(b6.1.3(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 employer will be conveyed through the representatives of the union(s). 10.1.6 6.1.5 The notice provisions of the surplus staffing provisions shall apply as described in 10.2.3 and 10.2.4 below.in 10.1.7 6.1.6 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 10.2 6.2 below. This clause as a whole shall be read in conjunction with those provisions. 10.1.8 6.1.7 Clause 10.1 6.1 shall be read in conjunction with clause 10.26.2.

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) or 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) and 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) and 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 employer will be conveyed through the representatives of the union(s). 10.1.6 The notice provisions of the surplus staffing provisions shall apply as described in 10.2.3 and 10.2.4 below. 10.1.7 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 10.2 below. This clause as a whole shall be read in conjunction with those provisions. 10.1.8 Clause 10.1 shall be read in conjunction with clause 10.2.and

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 Appendix B will apply). 10.1.2 6.1.1 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 6.1.2 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 6.1.3 and 10.1.5 6.1.4 below. 10.1.4 6.1.3 Having completed the process described in 10.1.2 6.1.1 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 6.1.4 The following shall be matters for clarification under clause 10.1.4(b6.1.3(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 employer will be conveyed through the representatives of the union(s). 10.1.6 6.1.5 The notice provisions of the surplus staffing provisions shall apply as described in 10.2.3 and 10.2.4 below.in 10.1.7 6.1.6 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 10.2 6.2 below. This clause as a whole shall be read in conjunction with those provisions. 10.1.8 6.1.7 Clause 10.1 6.1 shall be read in conjunction with clause 10.26.2.