Employment Protection Provisions. 10.1.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 and includes:
(a) Contracting out; or
(b) 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 clause 1.6.3) 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 clause 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...
Employment Protection Provisions. 9.1.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Act 2000 and includes:
(a) Contracting out; or
(b) Selling or transferring the employer’s business (or part of it) to another person; but excludes mergers, and school reorganisations as defined in Appendix 4.
Employment Protection Provisions. 29.5.1 The intent of the following provisions is to meet the requirements of Part 6A, “Continuity of employment if employer’s business restructured” Section 69, subpart 2, of the Employment Relations Act 2000 (as amended by Employment Relations Amendment Act (No 2) 2004, and Schedule 1B, parts 19, 20 and 21 of the same Act. The definitions as contained in Subpart 2 of the Employment Relations Amendment Act (No 2) 2004 shall apply to this clause. These provisions shall only apply so long as a statutory obligation to include them in employment agreements remain in force.
29.5.2 The employer, before undertaking any restructuring, will identify any affected employees (as defined in section 69L (2), and quantify the full cost of their employment. This is for the purpose of advising the prospective employers of the cost of the affected employees’ employment by the new employer (as defined in section 69L (1)) should the new employer enter into a restructuring agreement with the employer and all affected employees choose to transfer to the new employer.
29.5.3 The employer will give written notice to all affected employees, and to APEX, of the proposed restructuring, including the work being performed which is part or the whole of the employers’ business that the employer is negotiating for restructuring. The notice must be given prior to or at the same time as any request for proposal (or equivalent) is publicly notified.
29.5.4 The employer will give written notice to the new employer before any agreement as to the restructuring is entered into. The notice will include:
a. A copy of this Agreement.
b. The terms of paragraphs 19 and 20 of the code of good faith for public health sector, Schedule 1B to the Employment Relations Amendment Act (No 2) 2004, as required by paragraph 21 of the code.
29.5.5 Upon a restructuring agreement being entered into by the new employer with the employer, the employer shall notify the new employer with whom it has entered into the restructuring agreement (“the Contracted New Employer” or “CNE”) and each affected employee of the specific following employment details (relating to that affected employee) which shall be transferred to the CNE:
Employment Protection Provisions. 1The intent of the following provisions is to meet the requirements of Part 6A, “Continuity of employment if employer’s business restructured” Section 69, subpart 2, of the Employment Relations Act 2000 (as amended by Employment Relations Amendment Act (No 2) 2004, and Schedule 1B, parts 19, 20 and 21 of the same Act. The definitions as contained in Subpart 2 of the Employment Relations Amendment Act (No 2) 2004 shall apply to this clause. These provisions shall only apply so long as a statutory obligation to include them in employment agreements remain in force.
Employment Protection Provisions. Note: This clause shall apply in the event of restructuring of the Employer's business. The provisions outlined in this appendix (Appendix C (a), (b), (c), and (d)) also take effect in this clause. This clause applies to restructuring (as defined in Section 69OI of the Employment Relations Act 2000 and its amendments) and therefore will apply where the Employer intends to enter into a contract or arrangement under which its business (or part of it) is to be undertaken by another person or business, or where the Employer's business (or part of it) is to be sold or transferred to another person or business. In the event a restructuring will affect your position, the Employer shall, as soon as is reasonably practicable, (taking into account the commercial and confidentiality requirements of the business), commence negotiations with the other party involved in the restructuring {the "Other Party") concerning the impact of the restructuring on every employee. In those negotiations, the Employer will, subject to any statutory, commercial confidence or privacy issues, provide the other Party with all Information about the employees who will be affected by the restructuring, including details of their current terms and conditions of employment. The Employer will encourage the Other Party to offer all affected employees, employment on no less favourable terms and conditions of employment than they currently enjoy with the University. However, whether the Other Party offers the staff member ongoing employment and on what terms and conditions, will ultimately be the decision of that Other Party. Two options may be offered. They are • The Other Party does offer the employee employment on terms and conditions which are no less favourable than their existing terms and conditions. The employee may accept this offer to transfer to the Other Party or the staff member may decline the offer. If the employee accepts or declines the offer then they will not be entitled to any redundancy compensation from the University. • If the staff member is not offered employment, by the other Party, then the Employer will consult with the staff member regarding whether there are any substantially similar alternative positions available. If none can be identified or offered to the staff member then they will be entitled to [two months’ notice and redundancy compensation as per Appendix E (k) in this agreement.
Employment Protection Provisions. 7.2.1 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:
(i) 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
(ii) 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
(iii) arrange to meet with the new employer for the purpose of negotiating on the proposal; and
(iv) notify a representative of the PPTA where any member may be affected.
7.2.2 The following shall be matters for negotiation with the new employer in relation to employees affected by the restructuring:
(i) the number and type of positions that will be offered by the new employer to employees affected by the restructuring;
(ii) 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
(iii) the arrangements, if required, for the transfer of any accrued benefits and entitlements in relation to those employees.
7.2.3 At the time of the restructuring the employer and any affected employees will meet to negotiate on what entitlements if any will be available to those employees who are not employed by the new employer. Notice requirements in relation to specific co-ordinators are set out in 7.3 and 7.
Employment Protection Provisions. Note: This clause shall apply in the event of restructuring of the Employer’s business.
Employment Protection Provisions. 26.4.1 In the event that the employer (“the company”) restructures its business so that the work of some or all of its employees is to be performed for a new employer, the following provisions relating to the negotiations between the company and the new employer shall apply.
26.4.2 The terms “new employer”, “restructuring” and “affected employee’ shall have the meaning given to them in section 69L of the Employment Relations Xxx 0000.
26.4.3 The process to be followed by the company in negotiating with the new employer is as follows:
(i) The company shall confirm with the new employer the company’s obligation to negotiate about the restructuring;
(ii) The company shall inform the new employer that the company wishes to negotiate in relation to the possible transfer of affected staff to the new employer and, if so, the terms and conditions of those transferring staff members;
(iii) The company shall put a proposal to the new employer in relation to whether affected staff will transfer to the new employer and on what terms and conditions of employment;
(iv) At all times during any negotiation with the new employer, the company will observe the privacy rights of the affected employees, subject to the employer fulfilling its statutory obligations to the new employers, including the union membership status of any affected employee.
26.4.4 The matters to be negotiated between the company and the new employer shall include:
(i) Whether staff will be transferred to the new employer, and if so, the total number of staff and positions to be affected.
(ii) The date restructuring will commence.
(iii) The terms and conditions of employment of affected staff who transfer to the new employer, including, but not limited to:
a. Whether staff who elect to transfer shall be employed by the new employer under any existing terms and conditions;
b. Whether the employment of affected staff who elect to transfer must be treated as continuous, including for the purposes of service–related entitlements;
c. The reasonable period of time prior to the date of transfer that is to be available to enable a staff member to make his or her election as to whether to transfer or not.
26.4.5 Before entering into a restructuring agreement, the company shall consult with the union, and allow a reasonable time for such consultation before the restructuring agreement is entered into.
26.4.6 The process to be followed at the time of restructuring to determine entitlements for affected staff who ar...
Employment Protection Provisions. 24.1 The definitions as contained in section 69L of the Employment Relations Act 2000 shall apply.
24.2 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.
24.3 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.
24.4 The employer, if proposing to enter into a restructuring arrangement that will, or is likely to, affect the union’s members, must consult with the union, such consultation to include (but not be limited to)
(i) the provision of all information relevant to the potential effect of the restructuring on the employment of the union’s members;
(ii) an opportunity to comment on such information before the decision to enter into any restructuring arrangement is made.
(iii) a reasonable time shall be allowed for consultation process to be enabled.
Employment Protection Provisions. The provisions of Part 6A, “Continuity of employment if employer’s business restructured” of the Employment Relations Act 2000 (as at 3 December 2007), and Schedule 1B, parts 19, 20 and 21 of the same Act shall apply.
