Common use of Exemption where transmission of business Clause in Contracts

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 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)(ii2.7.13(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 the "Severance Pay" clause 11.6 are not applicable where a business is before or after the date of the insertion of this clause into the AwardAgreement, transmitted from an employer the Company (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)(iiclause 11.13(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 the "Severance Pay" clause 4.8.6 are not applicable where a business is before or after the date of the insertion of this clause into the AwardAgreement, transmitted from an employer (transmittertransmittor) 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)(iiclause 4.8.13(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 the "Severance Pay" clause 4.6.6 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 (transmittertransmittor) 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)(iiclause 4.6.13(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 the "Severance Pay" clause 3.6.6 are not applicable where a business is before or after the date of the insertion of this clause into the AwardAgreement, transmitted from an employer (transmittertransmittor) 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)(iiclause 3.6.13(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 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 Employer (transmitter) to another employer Employer (transmittee), in any of the following circumstances: (i) where the employee Employee accepts employment with the transmittee which recognises the period of continuous service which the employee Employee had with the transmittor, and any prior transmittor, to be continuous service of the employee Employee with the transmittee; or (ii) where the employee 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 Employee at the time of ceasing employment with the transmittor; and (B) which recognises the period of continuous service which the employee Employee had with the transmittor and any prior transmittor to be continuous service of the employee 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 the "Severance Pay" clause 4.11.6 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 (transmittertransmittor) 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)(iiclause 4.11.13(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 the "Severance Pay" clause 4.6.6 are not applicable where a business is before or after the date of the insertion of this clause into the AwardCollective Agreement, transmitted from an employer (transmittertransmittor) 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)(iiclause 4.6.13(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 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 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) 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) and 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 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) sub clause 2.3.13 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 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)(ii2.9.13(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 the "Severance Pay" clause are not applicable where a business is before or after the date of the insertion of this clause into the AwardAgreement, 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 transmittortransmitter, and any prior transmittortransmitter, 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 transmittortransmitter; and (B) which recognises the period of continuous service which the employee had with the transmittor transmitter and any prior transmittor transmitter 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 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 the Employer (transmitter) to another employer (transmittee), in any of the following circumstances: (i) where the employee Employee accepts employment with the transmittee which recognises the period of continuous service which the employee Employee had with the transmittor, and any prior transmittor, to be continuous service of the employee Employee with the transmittee; or (ii) where the employee Employee rejects an offer of employment with the transmittee: (Aa) 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 Employee at the time of ceasing employment with the transmittor; and (Bb) which recognises the period of continuous service which the employee Employee had with the transmittor and any prior transmittor to be continuous service of the employee 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 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)(iiSubclause 2.7.13(a)(ii) of the "Exemption Where Transmission of Business" clause if it is satisfied that shall not apply where it would operate unfairly in a particular case, or in the instance of contrived arrangements.

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)(ii2.8.13(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 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 transmittortransmitter, and any prior transmittortransmitter, 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 favourablefavorable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittortransmitter; and (B) which recognises the period of continuous service service, which the employee had with the transmittor transmitter and any prior transmittor transmitter to be continuous service of the employee with the transmittee. (b) The Commission may amend subclause 2.7.14(a)(ii2.7.13(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 the "Severance Pay" clause 2.6.6 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 Employer (transmitter) to another employer Employer (transmittee), in any of the following circumstances: (i) where the employee Employee accepts employment with the transmittee which recognises the period of continuous service which the employee Employee had with the transmittor, and any prior transmittor, to be continuous service of the employee Employee with the transmittee; or (ii) where the employee 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 Employee at the time of ceasing employment with the transmittor; and (B) which recognises the period of continuous service which the employee Employee had with the transmittor and any prior transmittor to be continuous service of the employee Employee with the transmittee. (b) The Commission may amend subclause 2.7.14(a)(iiSubclause 2.6.13(a)(ii) of the "Exemption Where Transmission of Business" clause if it is satisfied that shall not apply where it would operate unfairly in a particular case, or in the instance of contrived arrangements.

Exemption where transmission of business. (a) The provisions of the "Severance Pay" clause 4.9.6 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 (transmittertransmittor) 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)(iiclause 4.9.13(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 the "“Severance Pay" ” clause are not applicable where a business is before or after the date of the insertion of this clause into the AwardAgreement, transmitted from an employer Employer (transmitter) to another employer Employer (transmittee), in any of the following circumstances: (i) where the employee Employee accepts employment with the transmittee which recognises the period of continuous service which the employee Employee had with the transmittor, and any prior transmittor, to be continuous service of the employee Employee with the transmittee; or (ii) where the employee Employee rejects an offer of employment with the transmittee: (A) 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 Employee at the time of ceasing employment with the transmittor; and (B) b. which recognises the period of continuous service which the employee Employee had with the transmittor and any prior transmittor to be continuous service of the employee Employee with the transmittee. (b) The Commission may amend subclause 2.7.14(a)(iiClause 2.3.14(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 the "Severance Pay" clause 3.9.6 are not applicable where a business is before or after the date of the insertion of this clause into the AwardAgreement, transmitted from an employer (transmittertransmittor) 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)(iiclause 3.9.13(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 the "Severance Pay" clause are not applicable where a business is before or after the date of the insertion of this clause into the AwardAgreement, 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 transmittortransmitter, and any prior transmittortransmitter, to be continuous service of the employee with the transmittee; or (ii) where 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 transmittortransmitter; and (B) which Which recognises the period of continuous service which the employee had with the transmittor transmitter and any prior transmittor transmitter 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 the "Severance Pay" clause 3.8.6 are not applicable where a business is before or after the date of the insertion of this clause into the AwardAgreement, transmitted from an the employer (transmittertransmittor) 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)(iiclause 3.8.13(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.