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.
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Samples: Employment Agreement, Collective Employment Agreement, Collective Employment Agreement