Common use of Employment Protection Provisions Clause in Contracts

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. 29.5.1 30.5.1 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 Xxx 0000 (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 30.5.2 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 30.5.3 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 30.5.4 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 30.5.5 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. 29.5.1 30.5.1 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 30.5.2 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 30.5.3 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 30.5.4 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. 29.5.1 30.5.1 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 30.5.2 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 30.5.3 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 30.5.4 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 30.5.5 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. 29.5.1 24.4.1 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 Xxx 0000 (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 remains in force. 29.5.2 24.4.2 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 the new employer (as defined in section 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 24.4.3 The employer will give written notice to all affected employees, and to APEXNZMLWU, 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 24.4.4 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. Agreement • 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 24.4.5 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:: • Superannuation entitlements • Long service entitlements • Leave balances except annual leave that is required to be cashed up at the date of transfer. • Any conditions of employment enjoyed by the employee outside this agreement. Provision for liability cover in the event of a future claim where the event arose during the employee’s employment with the employer 24.4.6 The CNE shall provide offers of employment to the affected employees. The offer of employment must be on the same terms and conditions as applied to the employee immediately before the restructuring too effect. 24.4.7 The CNE shall give the affected employees the opportunity to meet with the CNE during the two weeks following the offer of employment being made to answer any questions the employee has and only for that purpose. The union shall be invited to attend all such meetings. 24.4.8 The employee shall be given a two week period from the date of receipt of the offer of employment to inform the CNE of whether they choose to transfer to the CNE (by accepting the offer of employment) or choose not to transfer to the CNE. 24.4.9 If any employee is unable to respond within the timeframe set out in clause 24.4.8 above, because they are away from the workplace or as a result of some other extenuating circumstance, the employee shall have until such time as is reasonable to respond. For example, should the employee be overseas on holiday, and then the time for response should be two weeks from their return from overseas. 24.4.10 Clause 25 shall apply to any employees who choose not to transfer to the CNE, except that the terms of clause 25.2.1 and the notice period in clause 25.3 shall be regarded as having been met, so that the employer shall not be required to pay compensation for redundancy to the employee as set out in clauses 25.11 and 25.12 of this agreement.

Employment Protection Provisions. 29.5.1 24.4.1 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 Xxx 0000 (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 remains in force. 29.5.2 24.4.2 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 the new employer (as defined in section 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 24.4.3 The employer will give written notice to all affected employees, and to APEXNZMLWU, 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 24.4.4 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. Agreement  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 24.4.5 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::  Superannuation entitlements  Long service entitlements  Leave balances except annual leave that is required to be cashed up at the date of transfer.  Any conditions of employment enjoyed by the employee outside this agreement. Provision for liability cover in the event of a future claim where the event arose during the employee’s employment with the employer 24.4.6 The CNE shall provide offers of employment to the affected employees. The offer of employment must be on the same terms and conditions as applied to the employee immediately before the restructuring too effect. 24.4.7 The CNE shall give the affected employees the opportunity to meet with the CNE during the two weeks following the offer of employment being made to answer any questions the employee has and only for that purpose. The union shall be invited to attend all such meetings. 24.4.8 The employee shall be given a two week period from the date of receipt of the offer of employment to inform the CNE of whether they choose to transfer to the CNE (by accepting the offer of employment) or choose not to transfer to the CNE. 24.4.9 If any employee is unable to respond within the timeframe set out in clause 24.4.8 above, because they are away from the workplace or as a result of some other extenuating circumstance, the employee shall have until such time as is reasonable to respond. For example, should the employee be overseas on holiday, and then the time for response should be two weeks from their return from overseas. 24.4.10 Clause 25 shall apply to any employees who choose not to transfer to the CNE, except that the terms of clause 25.2.1 and the notice period in clause 25.3 shall be regarded as having been met, so that the employer shall not be required to pay compensation for redundancy to the employee as set out in clauses 25.11 and 25.12 of this agreement.

Employment Protection Provisions. 29.5.1 24.1 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 Xxx 0000 (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 24.2 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 24.3 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 24.4 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 clauses 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 24.5 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:: Superannuation entitlements.

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:: a Superannuation entitlements.

Employment Protection Provisions. 29.5.1 24.4.1 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 remains in force. 29.5.2 24.4.2 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 the new employer (as defined in section 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 24.4.3 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 24.4.4 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. Agreement • 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 24.4.5 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:: • Superannuation entitlements • Long service entitlements • Leave balances except annual leave that is required to be cashed up at the date of transfer. • Any conditions of employment enjoyed by the employee outside this agreement. Provision for liability cover in the event of a future claim where the event arose during the employee’s employment with the employer 24.4.6 The CNE shall provide offers of employment to the affected employees. The offer of employment must be on the same terms and conditions as applied to the employee immediately before the restructuring too effect. 24.4.7 The CNE shall give the affected employees the opportunity to meet with the CNE during the two weeks following the offer of employment being made to answer any questions the employee has and only for that purpose. The union shall be invited to attend all such meetings. 24.4.8 The employee shall be given a two week period from the date of receipt of the offer of employment to inform the CNE of whether they choose to transfer to the CNE (by accepting the offer of employment) or choose not to transfer to the CNE. 24.4.9 If any employee is unable to respond within the timeframe set out in clause 24.4.8 above, because they are away from the workplace or as a result of some other extenuating circumstance, the employee shall have until such time as is reasonable to respond. For example, should the employee be overseas on holiday, and then the time for response should be two weeks from their return from overseas. 24.4.10 Clause 25 shall apply to any employees who choose not to transfer to the CNE, except that the terms of clause 25.2.1 and the notice period in clause 25.3 shall be regarded as having been met, so that the employer shall not be required to pay compensation for redundancy to the employee as set out in clauses 25.11 and 25.12 of this agreement.