Common use of Employment Protection Provisions Clause in Contracts

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 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 clauses

Employment Protection Provisions. 10.1.1 ‘Restructuring’ 25.4.1 The intent of the following provisions is given to meet the same definition as in section 69OI requirements of Part 6A, “Continuity of employment if employer’s business restructured” Section 69, subpart 2, of the Employment Relations Xxx 0000 Act 2000 (as amended by Employment Relations Amendment Act (No 2) 2004, and includes: Schedule 1B, parts 19, 20 and 21 of the same Act. The definitions as contained in Subpart 2 of the Employment Relations Amendment Act (aNo 2) Contracting out; or (b) Selling or transferring the employer’s business (or part of it) 2004 shall apply to another person; but excludes mergers (this clause. These provisions shall only apply so long as a statutory obligation to include them in the case of mergers clause 10.3 will apply)employment agreements remain in force. 10.1.2 Where work undertaken 25.4.2 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 an employee covered by this Agreement will be, or is likely to be, undertaken by a the new employer (whether or not as defined in section 69L (1)) should the new employer is an “employer” defined in clause 1.6.3) enter into a restructuring agreement with 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 and 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 choose to transfer to the new employer. 10.1.5 25.4.3 The following shall employer will give written notice to all affected employees, and to NZMLWU, 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 matters given prior to or at the same time as any request for clarification under clause 10.1.4(bproposal (or equivalent) and again should be read in conjunction with is publicly notified. 25.4.4 The employer will give written notice to the surplus staffing provisions new employer before any agreement as to the restructuring is entered into. The notice will include: a. A copy of this collective agreementAgreement. b. The terms of clauses 19 and 20 of the code of good faith for public health sector, Schedule 1B to the Employment Relations Amendment Act (aNo 2) 2004, as required by paragraph 21 of the number and type of positions that may be offered code. 25.4.5 Upon a restructuring agreement being entered into by the new employer to employees affected by with the restructuring; (b) employer, the terms and conditions of employment to be offered to those employees (including whether the employees will transfer to employer shall notify the new employer on with whom it has entered into the same terms restructuring agreement (“the Contracted New Employer” or “CNE”) and conditions each affected employee of employment); the specific following employment details (crelating to that affected employee) 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 which shall be made transferred 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 clausesCNE:

Employment Protection Provisions. 10.1.1 9.1.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 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 (mergers, and school reorganisations as defined in the case of mergers clause 10.3 will apply)Appendix 4. 10.1.2 9.1.2 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 1.6.31.6) the employer will notify the National Office of the union(s) NZEI Te Riu Roa where one or more of the employees affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union 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 9.1.3 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 9.1.4 and 10.1.5 9.1.5 below. 10.1.4 9.1.4 Having completed the process described in clause 10.1.2 9.1.2 above, the employer will meet with the new employer to: (a) provide 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 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 9.1.5 The following shall be matters for clarification under clause 10.1.4(b9.1.4(b) and again should be read in conjunction with the surplus staffing provisions of this collective agreementAgreement. (a) the The number and type of positions that may be offered by the new employer to employees affected by the restructuring; (b) the 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 The arrangements, if required, for the transfer of any accrued benefits and entitlements in relation to those employees; (d) the 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 NZEI Te Riu Roa. 9.1.6 The process to be followed at the representatives time of the union(s)restructuring to determine what entitlements, if any, are available for employees who do not transfer to the new employer are set out in the rest of this Part. Part 9.1 as a whole shall be read in conjunction with those provisions. 10.1.6 The notice provisions of the surplus staffing provisions shall apply as described in clauses

Employment Protection Provisions. 10.1.1 9.10.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 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 (mergers, and school reorganisations as described in the case of mergers clause 10.3 will apply)clauses 9.7 and 9.8. 10.1.2 9.10.2 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 1.6.31.4.3) the employer will notify the National Office of NZEI where the union(s) where one or more of the employees employee affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union to: (a) Identify identify the issues the employee(s) wish employee wishes to have considered by the new employer; (b) Ensure ensure that all current terms and conditions of employment of the employee(s) employee are accurately recorded; and (c) Determine determine the process by which communications to/from the employee(s) employee will be conducted. 10.1.3 9.10.3 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 9.9.4 and 10.1.5 9.9.5 below. 10.1.4 9.10.4 Having completed the process described in clause 10.1.2 9.9.2 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 employee concerned together with details of the terms and conditions of their employment; and (b) seek a proposal for the employment of the affected employees employee by the new employer, including clarification of the terms and conditions upon which those employees that employee would be offered employment by the new employer. 10.1.5 9.10.5 The following shall be matters for clarification under clause 10.1.4(b9.9.4(b) and again should be read in conjunction with the surplus staffing provisions of this collective agreementAgreement. (a) the number and type of positions that may be offered by the new employer to employees the employee affected by the restructuring; (b) the terms and conditions of employment to be offered to those employees the employee (including whether the employees employee 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 employee 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)NZEI. 10.1.6 The notice provisions 9.10.6 Where an employer sells or transfers the business (or part of it) to another person; and the employee does not transfer to the new employer, the employee will be entitled to access the surplus staffing provisions in Part 9, clauses 9.1 to 9.8 of the Agreement. An employee engaged for a fixed term of employment shall apply as described in clausesnot be entitled to the surplus staffing provisions.

Employment Protection Provisions. 10.1.1 ‘Restructuring’ 29.5.1 The intent of the following provisions is given to meet the same definition as in section 69OI requirements of Part 6A, “Continuity of employment if employer’s business restructured” Section 69, subpart 2, of the Employment Relations Xxx 0000 (as amended by Employment Relations Amendment Act (No 2) 2004, and includes: Schedule 1B, parts 19, 20 and 21 of the same Act. The definitions as contained in Subpart 2 of the Employment Relations Amendment Act (aNo 2) Contracting out; or (b) Selling or transferring the employer’s business (or part of it) 2004 shall apply to another person; but excludes mergers (this clause. These provisions shall only apply so long as a statutory obligation to include them in the case of mergers clause 10.3 will apply)employment agreements remain in force. 10.1.2 Where work undertaken 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 an employee covered by this Agreement will be, or is likely to be, undertaken by a the new employer (whether or not as defined in section 69L (1)) should the new employer is an “employer” defined in clause 1.6.3) enter into a restructuring agreement with 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 and 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 choose to transfer to the new employer. 10.1.5 29.5.3 The following shall 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 matters given prior to or at the same time as any request for clarification under clause 10.1.4(bproposal (or equivalent) and again should be read in conjunction with is publicly notified. 29.5.4 The employer will give written notice to the surplus staffing provisions new employer before any agreement as to the restructuring is entered into. The notice will include: a. A copy of this collective agreementAgreement. 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 (aNo 2) 2004, as required by paragraph 21 of the number and type of positions that may be offered code. 29.5.5 Upon a restructuring agreement being entered into by the new employer to employees affected by with the restructuring; (b) employer, the terms and conditions of employment to be offered to those employees (including whether the employees will transfer to employer shall notify the new employer on with whom it has entered into the same terms restructuring agreement (“the Contracted New Employer” or “CNE”) and conditions each affected employee of employment); the specific following employment details (crelating to that affected employee) 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 which shall be made transferred 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 clausesCNE:

Employment Protection Provisions. 10.1.1 9.9.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 ERA 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 (mergers, and school reorganisations as described in the case of mergers clause 10.3 will apply)clauses 9.7 and 9.8. 10.1.2 9.9.2 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 1.6.31.4.3) the employer will notify the National Office of NZEI Te Riu Roa where the union(s) where one or more of the employees employee affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union to: (a) Identify identify the issues the employee(s) wish employee wishes to have considered by the new employer; (b) Ensure ensure that all current terms and conditions of employment of the employee(s) employee are accurately recorded; and (c) Determine determine the process by which communications to/from the employee(s) employee will be conducted. 10.1.3 9.9.3 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 9.9.4 and 10.1.5 9.9.5 below. 10.1.4 9.9.4 Having completed the process described in clause 10.1.2 9.9.2 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 employee concerned together with details of the terms and conditions of their her/his employment; and (b) seek a proposal for the employment of the affected employees employee by the new employer, including clarification of the terms and conditions upon which those employees that employee would be offered employment by the new employer. 10.1.5 9.9.5 The following shall be matters for clarification under clause 10.1.4(b9.9.4(b) and again should be read in conjunction with the surplus staffing provisions of this collective agreementAgreement. (a) the number and type of positions that may be offered by the new employer to employees the employee affected by the restructuring; (b) the terms and conditions of employment to be offered to those employees the employee (including whether the employees employee 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 employee 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)NZEI Te Riu Roa. 10.1.6 The notice provisions 9.9.6 Where an employer sells or transfers the business (or part of it) to another person; and the employee does not transfer to the new employer, the employee will be entitled to access the surplus staffing provisions in Part 9, clauses 9.1 to 9.8 of the Agreement. An employee engaged for a fixed term of employment shall apply as described in clausesnot be entitled to the surplus staffing provisions.

Employment Protection Provisions. 10.1.1 ‘Restructuring26.4.1 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’ is shall have the meaning given the same definition as to them in section 69OI 69L 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)Act 2000. 10.1.2 Where work undertaken 26.4.3 The process to be followed by an employee covered by this Agreement will be, or is likely to be, undertaken by a new employer (whether or not the company in negotiating with 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) toas follows: (ai) Identify The company shall confirm with the issues new employer the employee(scompany’s obligation to negotiate about the restructuring; (ii) wish The company shall inform the new employer that the company wishes to have considered by 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, 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: (bi) Ensure that all current 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 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 affected staff who transfer 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.including, but not limited to: 10.1.5 The following a. Whether staff who elect to transfer 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 employed by the new employer to employees affected by the restructuringunder any existing terms and conditions; (b) b. Whether the terms and conditions employment of employment 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 offered available to those employees (including 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 employees will transfer 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 new employer on time of restructuring to determine entitlements for affected staff who are members of the same terms and conditions of employment);union is as follows: (ci) The company shall inform the arrangements, affected staff and the union of the entitlements (if required, any) of the affected members. (ii) A reasonable time shall be allowed for the transfer of any accrued benefits union to consider the information provided 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)respond. 10.1.6 The notice provisions of the surplus staffing provisions shall apply as described in clauses

Employment Protection Provisions. 10.1.1 ‘Restructuring25.4.1 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. 25.4.2 The terms “new employer”, “restructuring” and “affected employee’ is shall have the meaning given the same definition as to them in section 69OI 69L 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)Act 2000. 10.1.2 Where work undertaken 25.4.3 The process to be followed by an employee covered by this Agreement will be, or is likely to be, undertaken by a new employer (whether or not the company in negotiating with 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) toas follows: (ai) Identify The company shall confirm with the issues new employer the employee(scompany’s obligation to negotiate about the restructuring; (ii) wish The company shall inform the new employer that the company wishes to have considered by 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, including the union membership status of any affected employee. 25.4.4 The matters to be negotiated between the company and the new employer shall include: (bi) Ensure that all current 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 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 affected staff who transfer 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.including, but not limited to: 10.1.5 The following a. Whether staff who elect to transfer 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 employed by the new employer to employees affected by the restructuringunder any existing terms and conditions; (b) b. Whether the terms and conditions employment of employment 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 offered available to those employees (including enable a staff member to make his or her election as to whether to transfer or not. 25.4.5 Before entering into a restructuring agreement, the employees will transfer company shall consult with the union, and allow a reasonable time for such consultation before the restructuring agreement is entered into. 25.4.6 The process to be followed at the new employer on time of restructuring to determine entitlements for affected staff who are members of the same terms and conditions of employment);union is as follows: (ci) The company shall inform the arrangements, affected staff and the union of the entitlements (if required, any) of the affected members. (ii) A reasonable time shall be allowed for the transfer of any accrued benefits union to consider the information provided 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)respond. 10.1.6 The notice provisions of the surplus staffing provisions shall apply as described in clauses

Employment Protection Provisions. 10.1.1 8.2.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 ERA 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 (mergers, and school reorganisations as defined in the case of mergers clause 10.3 will apply).8.1 10.1.2 8.2.2 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 1.6.31.8) the employer will notify the National Office Offices of NZEI and PPTA where the union(s) where one or more of the employees employee affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union to: (a) Identify the issues the employee(s) wish employee wishes to have considered by the new employer; (b) Ensure that all current terms and conditions of employment of the employee(s) employee are accurately recorded; and (c) Determine the process by which communications to/from the employee(s) employee will be conducted. 10.1.3 8.2.3 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 8.2.4 and 10.1.5 8.2.5 below. 10.1.4 8.2.4 Having completed the process described in clause 10.1.2 8.2.2 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 employee concerned together with details of the terms and conditions of their her/his employment; and (b) seek a proposal for the employment of the affected employees employee by the new employer, including clarification of the terms and conditions upon which those employees employee would be offered employment by the new employer. 10.1.5 8.2.5 The following shall be matters for clarification under clause 10.1.4(b8.2.4(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 the employee affected by the restructuring; (b) the terms and conditions of employment to be offered to those employees the employee (including whether the employees employee 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 employee and the mode of acceptance, including whether any offers of employment made by the new employer will be conveyed through NZEI and NZPPTA. 8.2.6 The process to be followed at the representatives time of the union(s)restructuring to determine what entitlements, if any, are available for employees who do not transfer to the new employer are set out in Schedule B. This clause 8.2 as a whole shall be read in conjunction with those provisions. 10.1.6 The notice provisions of the surplus staffing provisions shall apply as described in clauses

Employment Protection Provisions. 10.1.1 9.10.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 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 (mergers, and school reorganisations as described in the case of mergers clause 10.3 will apply)clauses 9.7 and 9.8. 10.1.2 9.10.2 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 1.6.31.4.3) the employer will notify the National Office of PPCBU where the union(s) where one or more of the employees employee affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union to: (a) Identify identify the issues the employee(s) wish employee wishes to have considered by the new employer; (b) Ensure ensure that all current terms and conditions of employment of the employee(s) employee are accurately recorded; and (c) Determine determine the process by which communications to/from the employee(s) employee will be conducted. 10.1.3 9.10.3 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 9.9.4 and 10.1.5 9.9.5 below. 10.1.4 9.10.4 Having completed the process described in clause 10.1.2 9.9.2 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 employee concerned together with details of the terms and conditions of their employment; and (b) seek a proposal for the employment of the affected employees employee by the new employer, including clarification of the terms and conditions upon which those employees that employee would be offered employment by the new employer. 10.1.5 9.10.5 The following shall be matters for clarification under clause 10.1.4(b9.9.4(b) and again should be read in conjunction with the surplus staffing provisions of this collective agreementAgreement. (a) the number and type of positions that may be offered by the new employer to employees the employee affected by the restructuring; (b) the terms and conditions of employment to be offered to those employees the employee (including whether the employees employee 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 employee 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)PPCBU. 10.1.6 The notice provisions 9.10.6 Where an employer sells or transfers the business (or part of it) to another person; and the employee does not transfer to the new employer, the employee will be entitled to access the surplus staffing provisions in Part 9, clauses 9.1 to 9.8 of the Agreement. An employee engaged for a fixed term of employment shall apply as described in clausesnot be entitled to the surplus staffing provisions. Part 10: General‌

Employment Protection Provisions. 10.1.1 9.10.1 ‘Restructuring’ is given the same definition as in section insection 69OI of the Employment Relations Xxx 0000 Act 2000(external link) and includes: (a) : Contracting out; or (b) or Selling or transferring the employer’s business (or part of it) to another person; but excludes mergers (mergers, and school reorganisations as described in the case of mergers clause 10.3 will apply)clauses 9.7 and 9.8. 10.1.2 9.10.2 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) 1.4.3 the employer will notify the National Office of NZEI Te Riu Roa where the union(s) where one or more of the employees employee affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union to: (a) Identify : identify the issues the employee(s) wish employee wishes to have considered by the new employer; (b) Ensure ; ensure that all current terms and conditions of employment of the employee(s) employee are accurately recorded; and (c) Determine and determine the process by which communications to/from the employee(s) employee will be conducted. 10.1.3 9.10.3 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 9.9.4 and 10.1.5 9.9.5 below. 10.1.4 9.10.4 Having completed the process described in clause 10.1.2 9.9.2 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 employee concerned together with details of the terms and conditions of their her/his employment; and (b) and seek a proposal for the employment of the affected employees employee by the new employer, including clarification of the terms and conditions upon which those employees that employee would be offered employment by the new employer. 10.1.5 9.10.5 The following shall be matters for clarification under clause 10.1.4(b9.9.4(b) and again should be read in conjunction with the surplus staffing provisions of this collective agreement. (a) Agreement. the number and type of positions that may be offered by the new employer to employees the employee affected by the restructuring; (b) ; the terms and conditions of employment to be offered to those employees the employee (including whether the employees employee 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 employee 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)NZEI Te Riu Roa. 10.1.6 The notice provisions 9.10.6 Where an employer sells or transfers the business (or part of it) to another person; and the employee does not transfer to the new employer, the employee will be entitled to access the surplus staffing provisions shall apply as described in clausesPart 9, clauses 9.1 to

Employment Protection Provisions. 10.1.1 8.2.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 ERA 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 (mergers, and school reorganisations as defined in the case of mergers clause 10.3 will apply).8.1 10.1.2 8.2.2 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 1.6.31.6) the employer will notify the National Office Offices of NZEI and PPTA where the union(s) where one or more of the employees employee affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union to: (a) Identify the issues the employee(s) wish employee wishes to have considered by the new employer; (b) Ensure that all current terms and conditions of employment of the employee(s) employee are accurately recorded; and (c) Determine the process by which communications to/from the employee(s) employee will be conducted. 10.1.3 8.2.3 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 8.2.4 and 10.1.5 8.2.5 below. 10.1.4 8.2.4 Having completed the process described in clause 10.1.2 8.2.2 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 employee concerned together with details of the terms and conditions of their her/his employment; and (b) seek a proposal for the employment of the affected employees employee by the new employer, including clarification of the terms and conditions upon which those employees employee would be offered employment by the new employer. 10.1.5 8.2.5 The following shall be matters for clarification under clause 10.1.4(b8.2.4(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 the employee affected by the restructuring; (b) the terms and conditions of employment to be offered to those employees the employee (including whether the employees employee 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 employee and the mode of acceptance, including whether any offers of employment made by the new employer will be conveyed through NZEI and NZPPTA. 8.2.6 The process to be followed at the representatives time of the union(s)restructuring to determine what entitlements, if any, are available for employees who do not transfer to the new employer are set out in Schedule B. This clause 8.2 as a whole shall be read in conjunction with those provisions. 10.1.6 The notice provisions of the surplus staffing provisions shall apply as described in clauses

Employment Protection Provisions. 10.1.1 8.2.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 ERA 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 (mergers, and school reorganisations as defined in the case of mergers clause 10.3 will apply).8.1 10.1.2 8.2.2 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 1.6.31.8) the employer will notify the National Office Offices of NZEI and PPTA where the union(s) where one or more of the employees employee affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union to: (a) Identify the issues the employee(s) wish employee wishes to have considered by the new employer; (b) Ensure that all current terms and conditions of employment of the employee(s) employee are accurately recorded; and (c) Determine the process by which communications to/from the employee(s) employee will be conducted. 10.1.3 8.2.3 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 8.2.4 and 10.1.5 8.2.5 below. 10.1.4 8.2.4 Having completed the process described in clause 10.1.2 8.2.2 above, the employer will meet with the new employer to: (a) provide Provide the new employer with details of the work currently performed by the employees employee concerned together with details of the terms and conditions of their her/his employment; and (b) seek Xxxx a proposal for the employment of the affected employees employee by the new employer, including clarification of the terms and conditions upon which those employees employee would be offered employment by the new employer. 10.1.5 8.2.5 The following shall be matters for clarification under clause 10.1.4(b8.2.4(b) and again should be read in conjunction with the surplus staffing provisions of this collective agreement.: (a) the The number and type of positions that may be offered by the new employer to employees the employee affected by the restructuring; (b) the The terms and conditions of employment to be offered to those employees the employee (including whether the employees employee will transfer to the new 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 employees; (d) the The arrangements, if required, for when and how offers of employment are to be made to the affected employees employee 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)NZEI and NZPPTA. 10.1.6 The notice provisions of the surplus staffing provisions shall apply as described in clauses

Employment Protection Provisions. 10.1.1 8.2.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 ERA 2000 and includes: (a) : Contracting out; or (b) or Selling or transferring the employer’s business (or part of it) to another person; but excludes mergers (mergers, and school reorganisations as defined in the case of mergers clause 10.3 will apply).8.1 10.1.2 8.2.2 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 1.6.31.8) the employer will notify the National Office Offices of NZEI and PPTA where the union(s) where one or more of the employees employee affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union to: (a) : Identify the issues the employee(s) wish employee wishes to have considered by the new employer; (b) ; Ensure that all current terms and conditions of employment of the employee(s) employee are accurately recorded; and (c) and Determine the process by which communications to/from the employee(s) employee will be conducted. 10.1.3 8.2.3 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 8.2.4 and 10.1.5 8.2.5 below. 10.1.4 8.2.4 Having completed the process described in clause 10.1.2 8.2.2 above, the employer will meet with the new employer to: (a) provide : Provide the new employer with details of the work currently performed by the employees employee concerned together with details of the terms and conditions of their her/his employment; and (b) seek and Seek a proposal for the employment of the affected employees employee by the new employer, including clarification of the terms and conditions upon which those employees employee would be offered employment by the new employer. 10.1.5 8.2.5 The following shall be matters for clarification under clause 10.1.4(b8.2.4(b) and again should be read in conjunction with the surplus staffing provisions of this collective agreement. (a) the . The number and type of positions that may be offered by the new employer to employees the employee affected by the restructuring; (b) the ; The terms and conditions of employment to be offered to those employees the employee (including whether the employees employee will transfer to the new 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 employees; (d) the ; The arrangements, if required, for when and how offers of employment are to be made to the affected employees employee and the mode of acceptance, including whether any offers of employment made by the new employer will be conveyed through NZEI and NZPPTA. 8.2.6 The process to be followed at the representatives time of the union(s)restructuring to determine what entitlements, if any, are available for employees who do not transfer to the new employer are set out in Schedule B. This clause 8.2 as a whole shall be read in conjunction with those provisions. 10.1.6 The notice provisions of the surplus staffing provisions shall apply as described in clauses

Employment Protection Provisions. 10.1.1 9.9.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 ERA 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 (mergers, and school reorganisations as described in the case of mergers clause 10.3 will apply)clauses 9.7 and 9.8. 10.1.2 9.9.2 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 1.6.31.6) the employer will notify the National Office of NZEI where the union(s) where one or more of the employees employee affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union to: (a) Identify the issues the employee(s) wish employee wishes to have considered by the new employer; (b) Ensure that all current terms and conditions of employment of the employee(s) employee are accurately recorded; and (c) Determine the process by which communications to/from the employee(s) employee will be conducted. 10.1.3 9.9.3 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 9.9.4 and 10.1.5 9.9.5 below. 10.1.4 9.9.4 Having completed the process described in clause 10.1.2 9.9.2 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 employee concerned together with details of the terms and conditions of their her/his employment; and (b) seek a proposal for the employment of the affected employees employee by the new employer, including clarification of the terms and conditions upon which those employees employee would be offered employment by the new employer. 10.1.5 9.9.5 The following shall be matters for clarification under clause 10.1.4(b9.9.4(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 the employee affected by the restructuring; (b) the terms and conditions of employment to be offered to those employees the employee (including whether the employees employee 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 employee and the mode of acceptance, including whether any offers of employment made by the new employer will be conveyed through NZEI. 9.9.6 The process to be followed at the representatives time of the union(s)restructuring to determine what entitlements, if any, are available for employees who do not transfer to the new employer are set out in the rest of this part. This clause (9) as a whole shall be read in conjunction with those provisions. 10.1.6 The notice provisions of the surplus staffing provisions shall apply as described in clauses

Employment Protection Provisions. 10.1.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 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 (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 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 clausesclauses 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 clause 10.2below. 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 Provisions. 10.1.1 9.1.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 ERA 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 (mergers, and school reorganizations as defined in the case of mergers clause 10.3 will apply)Appendix Four. 10.1.2 9.1.2 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 1.6.31.6) the employer will notify the National Office of the union(s) NZEI where one or more of the employees affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union 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 9.1.3 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 9.1.4 and 10.1.5 9.1.5 below. 10.1.4 9.1.4 Having completed the process described in clause 10.1.2 9.1.2 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 9.1.5 The following shall be matters for clarification under clause 10.1.4(b9.1.4(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 NZEI. 9.1.6 The process to be followed at the representatives time of the union(srestructuring to determine what entitlements, if any, are available for employees who do not transfer to the new employer are set out in the rest of this part. Part 9.1 as a whole shall be read in conjunction with those provisions. Note: Attention is drawn to the application of the State Sector Act 1988 section 77HA (restriction of compensation for technical redundancy arising from closure or merger of schools). 10.1.6 The notice provisions of the surplus staffing provisions shall apply as described in clauses

Employment Protection Provisions. 10.1.1 9.9.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 ERA 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 (mergers, and school reorganizations as described in the case of mergers clause 10.3 will apply)clauses 9.7 and 9.8. 10.1.2 9.9.2 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 1.6.31.6) the employer will notify the National Office of NZEI where the union(s) where one or more of the employees employee affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union to: (a) Identify the issues the employee(s) wish employee wishes to have considered by the new employer; (b) Ensure that all current terms and conditions of employment of the employee(s) employee are accurately recorded; and (c) Determine the process by which communications to/from the employee(s) employee will be conducted. 10.1.3 9.9.3 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 9.9.4 and 10.1.5 9.9.5 below. 10.1.4 9.9.4 Having completed the process described in clause 10.1.2 9.9.2 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 employee concerned together with details of the terms and conditions of their her/his employment; and (b) seek a proposal for the employment of the affected employees employee by the new employer, including clarification of the terms and conditions upon which those employees employee would be offered employment by the new employer. 10.1.5 9.9.5 The following shall be matters for clarification under clause 10.1.4(b9.9.4(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 the employee affected by the restructuring; (b) the terms and conditions of employment to be offered to those employees the employee (including whether the employees employee 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 employee and the mode of acceptance, including whether any offers of employment made by the new employer will be conveyed through NZEI. 9.9.6 The process to be followed at the representatives time of the union(s)restructuring to determine what entitlements, if any, are available for employees who do not transfer to the new employer are set out in the rest of this part. This clause (9) as a whole shall be read in conjunction with those provisions. 10.1.6 The notice provisions of the surplus staffing provisions shall apply as described in clauses

Employment Protection Provisions. 10.1.1 ‘Restructuring’ is given the same definition definition as in section 69OI of the Employment Relations Xxx 0000 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 (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 defined in clause 1.6.3) the employer will notify the National Office Office of the union(s) where one or more of the employees affected 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 affected employees by the new employer, including clarification clarification of the terms and conditions upon which those employees would be offered offered employment by the new employer. 10.1.5 The following shall be matters for clarification clarification under clause 10.1.4(b) and again should be read in conjunction with the surplus staffing staffing provisions of this collective agreement. (a) the number and type of positions that may be offered offered by the new employer to employees affected affected by the restructuring; (b) the terms and conditions of employment to be offered 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 benefits and entitlements in relation to those employees; (d) the arrangements, if required, for when and how offers offers of employment are to be made to the affected affected employees and the mode of acceptance, including whether any offers 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 staffing provisions shall apply as described in clausesclauses 10.2.3 and

Employment Protection Provisions. 10.1.1 9.1.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 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 (mergers, and school reorganisations as defined in the case of mergers clause 10.3 will apply)Appendix 4. 10.1.2 9.1.2 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 1.6.31.6) the employer will notify the National Office of the union(s) NZEI Te Riu Roa where one or more of the employees affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union 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 9.1.3 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 9.1.4 and 10.1.5 9.1.5 below. 10.1.4 9.1.4 Having completed the process described in clause 10.1.2 9.1.2 above, the employer will meet with the new employer to: (a) provide 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 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 9.1.5 The following shall be matters for clarification under clause 10.1.4(b9.1.4(b) and again should be read in conjunction with the surplus staffing provisions of this collective agreementAgreement. (a) the The number and type of positions that may be offered by the new employer to employees affected by the restructuring; (b) the 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 The arrangements, if required, for the transfer of any accrued benefits and entitlements in relation to those employees; (d) the 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 NZEI Te Riu Roa. 9.1.6 The process to be followed at the representatives time of the union(s)restructuring to determine what entitlements, if any, are available for employees who do not transfer to the new employer are set out in the rest of this Part. Part 9.1 as a whole shall be read in conjunction with those provisions. 10.1.6 The notice provisions 9.1.7 Where an RTLB Cluster Lead School Employer board decides to relinquish its role as employer of RTLBs, the surplus staffing provisions shall apply as described process set out in clausesAppendix 5, Part B will be followed.

Employment Protection Provisions. 10.1.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 Act 2000 and includes: (a) : Contracting out; or (b) 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 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) 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 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) 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 clausesclauses 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 clause 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 Provisions. 10.1.1 9.10.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 Act 2000 and includes: (a) : Contracting out; or (b) or Selling or transferring the employer’s business (or part of it) to another person; but excludes mergers (mergers, and school reorganisations as described in the case of mergers clause 10.3 will apply)clauses 9.7 and 9.8. but excludes mergers, and school reorganisations as described in clauses 9.7 and 9.8. 10.1.2 9.10.2 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) 1.4.3 the employer will notify the National Office of PPCBU where the union(s) where one or more of the employees employee affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union to: (a) Identify : identify the issues the employee(s) wish employee wishes to have considered by the new employer; (b) Ensure ; ensure that all current terms and conditions of employment of the employee(s) employee are accurately recorded; and (c) Determine and determine the process by which communications to/from the employee(s) employee will be conducted. 10.1.3 9.9.3 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 9.9.4 and 10.1.5 9.9.5 below. 10.1.4 9.9.4 Having completed the process described in clause 10.1.2 9.9.2 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 employee 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 employee by the new employer, including clarification of the terms and conditions upon which those employees that employee would be offered employment by the new employer. 10.1.5 9.9.5 The following shall be matters for clarification under clause 10.1.4(b9.9.4(b) and again should be read in conjunction with the surplus staffing provisions of this collective agreement. (a) Agreement. the number and type of positions that may be offered by the new employer to employees the employee affected by the restructuring; (b) ; the terms and conditions of employment to be offered to those employees the employee (including whether the employees employee 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 employee 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)PPCBU. 10.1.6 The notice provisions 9.9.6 Where an employer sells or transfers the business (or part of it) to another person; and the employee does not transfer to the new employer, the employee will be entitled to access the surplus staffing provisions shall apply as described in clausesPart 9, clauses 9.1 to

Employment Protection Provisions. 10.1.1 8.2.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 ERA 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 (mergers, and school reorganisations as defined in the case of mergers clause 10.3 will apply).8.1 10.1.2 8.2.2 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 1.6.31.8) the employer will notify the National Office Offices of NZEI and PPTA where the union(s) where one or more of the employees employee affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union to: (a) Identify the issues the employee(s) wish employee wishes to have considered by the new employer; (b) Ensure that all current terms and conditions of employment of the employee(s) employee are accurately recorded; and (c) Determine the process by which communications to/from the employee(s) employee will be conducted. 10.1.3 8.2.3 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 8.2.4 and 10.1.5 8.2.5 below. 10.1.4 8.2.4 Having completed the process described in clause 10.1.2 8.2.2 above, the employer will meet with the new employer to: (a) provide Provide the new employer with details of the work currently performed by the employees employee concerned together with details of the terms and conditions of their her/his employment; and (b) seek Xxxx a proposal for the employment of the affected employees employee by the new employer, including clarification of the terms and conditions upon which those employees employee would be offered employment by the new employer. 10.1.5 8.2.5 The following shall be matters for clarification under clause 10.1.4(b8.2.4(b) and again should be read in conjunction with the surplus staffing provisions of this collective agreement.: (a) the The number and type of positions that may be offered by the new employer to employees the employee affected by the restructuring; (b) the The terms and conditions of employment to be offered to those employees the employee (including whether the employees employee will transfer to the new 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 employees; (d) the The arrangements, if required, for when and how offers of employment are to be made to the affected employees employee and the mode of acceptance, including whether any offers of employment made by the new employer will be conveyed through NZEI and NZPPTA. 8.2.6 The process to be followed at the representatives time of the union(s)restructuring to determine what entitlements, if any, are available for employees who do not transfer to the new employer are set out in Schedule B. This clause 8.2 as a whole shall be read in conjunction with those provisions. 10.1.6 The notice provisions of the surplus staffing provisions shall apply as described in clauses

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 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 clausesclauses 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 clause

Employment Protection Provisions. 10.1.1 9.9.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 ERA 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 (mergers, and school reorganisations as described in the case of mergers clause 10.3 will apply)clauses 9.7 and 9.8. 10.1.2 9.9.2 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 1.6.31.4.3) the employer will notify the National Office of NZEI Te Riu Roa where the union(s) where one or more of the employees employee affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union to: (a) Identify the issues the employee(s) wish employee wishes to have considered by the new employer; (b) Ensure that all current terms and conditions of employment of the employee(s) employee are accurately recorded; and (c) Determine the process by which communications to/from the employee(s) employee will be conducted. 10.1.3 9.9.3 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 9.9.4 and 10.1.5 9.9.5 below. 10.1.4 9.9.4 Having completed the process described in clause 10.1.2 9.9.2 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 employee concerned together with details of the terms and conditions of their her/his employment; and (b) seek a proposal for the employment of the affected employees employee by the new employer, including clarification of the terms and conditions upon which those employees that employee would be offered employment by the new employer. 10.1.5 9.9.5 The following shall be matters for clarification under clause 10.1.4(b9.9.4(b) and again should be read in conjunction with the surplus staffing provisions of this collective agreementAgreement. (a) the The number and type of positions that may be offered by the new employer to employees the employee affected by the restructuring; (b) the The terms and conditions of employment to be offered to those employees the employee (including whether the employees employee will transfer to the new 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 employees; (d) the The arrangements, if required, for when and how offers of employment are to be made to the affected employees employee 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)NZEI Te Riu Roa. 10.1.6 The notice provisions 9.9.6 Where an employer sells or transfers the business (or part of it) to another person; and the employee does not transfer to the new employer, the employee will be entitled to access the surplus staffing provisions in Part 9, clauses 9.1 to 9.8 of the Agreement. An employee engaged for a fixed term of employment shall apply as described in clausesnot be entitled to the surplus staffing provisions.

Employment Protection Provisions. 10.1.1 9.9.1 ‘Restructuring’ is given the same definition as in section 69OI of the Employment Relations Xxx 0000 ERA 2000 and includes: (a) : Contracting out; or (b) or Selling or transferring the employer’s business (or part of it) to another person; but excludes mergers (mergers, and school reorganisations as described in the case of mergers clause 10.3 will apply)clauses 9.7 and 9.8. 10.1.2 9.9.2 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) 1.4.3 the employer will notify the National Office of NZEI Te Riu Roa where the union(s) where one or more of the employees employee affected by the restructuring is a member of the union(s)union. In such circumstances the employer will meet with representative(s) of the union(s) union 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 9.9.3 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 9.9.4 and 10.1.5 9.9.5 below. 10.1.4 9.9.4 Having completed the process described in clause 10.1.2 9.9.2 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 employee concerned together with details of the terms and conditions of their her/his employment; and (b) and seek a proposal for the employment of the affected employees employee by the new employer, including clarification of the terms and conditions upon which those employees that employee would be offered employment by the new employer. 10.1.5 9.9.5 The following shall be matters for clarification under clause 10.1.4(b9.9.4(b) and again should be read in conjunction with the surplus staffing provisions of this collective agreement. (a) Agreement. the number and type of positions that may be offered by the new employer to employees the employee affected by the restructuring; (b) ; the terms and conditions of employment to be offered to those employees the employee (including whether the employees employee 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 employee 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)NZEI Te Riu Roa. 10.1.6 The notice provisions 9.9.6 Where an employer sells or transfers the business (or part of it) to another person; and the employee does not transfer to the new employer, the employee will be entitled to access the surplus staffing provisions shall apply as described in clausesPart 9, clauses 9.1 to 9.8