Exemption where transmission of business. (a) The provisions of the "Severance Pay" clause are not applicable where a business is before or after the date of the insertion of this clause into the Award, transmitted from an employer (transmitter) to another employer (transmittee), in any of the following circumstances:
(i) where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor, and any prior transmittor, to be continuous service of the employee with the transmittee; or
(ii) where the employee rejects an offer of employment with the transmittee:
(A) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and
(B) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.
(b) The Commission may amend subclause 2.7.14(a)(ii) of the "Exemption Where Transmission of Business" clause if it is satisfied that it would operate unfairly in a particular case, or in the instance of contrived arrangements.
Exemption where transmission of business. (a) The provisions of clause 5.3.6 are not applicable where a business is transmitted from an employer (transmittor) to another employer (transmittee), in any of the following circumstances:
(i) where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor, and any prior transmittor, to be continuous service of the employee with the transmittee; or
(ii) where the employee rejects an offer of employment with the transmittee:
(A) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and
(B) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee provided that the transmittee guarantees in writing to meet all accrued entitlements as at the date of transmission.
Exemption where transmission of business. (a) The provisions of clause 4.6.5 (Severance Pay) are not applicable where a business is transmitted from an employer (transmitter) to another employer (transmittee), in any of the following circumstances:
(i) where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor, and any prior transmittor, to be continuous service of the employee with the transmittee; or
(ii) where the employee rejects an offer of employment with the transmittee:
(A) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and
(B) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.
(b) The Commission may amend clause 4.6.12(a)(ii) if it is satisfied that it would operate unfairly in a particular case, or in the instance of contrived arrangements.
Exemption where transmission of business. An Employee is not entitled to redundancy pay under Clause 5.2 in relation to the termination of his or her employment with the Employer if:
(a) the Employee accepts an offer of employment made by the Employer or another Employer (including an associated entity of the Employer) that is on terms and conditions substantially similar to, and considered on an overall basis, no less favourable than, the Employee's terms and conditions of employment with the Employer immediately before the termination; or
(b) the Employee rejects an offer of employment made by the Employer or another Employer (including an associated entity of the Employer) that:
i. is on terms and conditions substantially similar to, and, considered on an overall basis, no less favourable than, the Employee's terms and conditions of employment with the Employer immediately before the termination; and
ii. recognises the Employee's service with the Employer.
Exemption where transmission of business. (a) The provisions of clause 4.5.6 are not applicable where a business is transmitted from an employer (transmittor) to another employer (transmittee), in any of the following circumstances:
(i) where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor, and any prior transmittor, to be continuous service of the employee with the transmittee; or
(ii) where the employee rejects an offer of employment with the transmittee:
(a) In which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and
(b) Which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.
(iii) where a contract changes hands, the current contractor may offer employees at the particular site, alternative employment at another site.
Exemption where transmission of business. The provisions of the "Severance Pay" clause are not applicable where the business is transmitted from an Employer (transmitter) to another Employer (transmittee), in any of the following circumstances:
Exemption where transmission of business. (i) The provisions of clause 4.10(f). 'Severance pay' are not applicable where a business is before or after the date of the insertion of this clause into the agreement, transmitted from Wilmar to another employer, in any of the following circumstances:
(A) where the employee accepts employment with new employer which recognises the period of continuous service which the employee had with Wilmar, and any prior employer, to be continuous service of the employee with the new employer; or
(B) where the employee rejects an offer of employment with a new employer;
(C) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with Wilmar; and
(D) which recognises the period of continuous service that the employee had with Wilmar and any prior employer to be continuous service of the employee with a new employer;
(ii) The Fair Work Commission may amend the operation of clause 4.10(j). 'Exemption where transmission of business' if it is satisfied that it would operate unfairly in a particular case, or in the instance of contrived arrangements.
Exemption where transmission of business. The provisions of clause 20.6 are not applicable where a business is before or after the date of the insertion of this clause into the Agreement, transmitted from an employer (transmittor) to another employer (transmittee), in any of the following circumstances:
Exemption where transmission of business. The provisions of clause 9.6 are not applicable where a business is before or after the date of the insertion of this clause into the Schedule, transmitted from the Company (transmitter) to another Company (transmittee), in any of the following circumstances:
Exemption where transmission of business. The provisions of the “Severance Pay” clause are not applicable where a business is before or after the date of the insertion of this clause into the Award, transmitted from an employer (transmitter) to another employer (transmittee), in any of the following circumstances:
