Common use of Restructuring Clause in Contracts

Restructuring. 34.2.1 In the event that all or part of the work undertaken by the employee will be affected by the employer entering into an arrangement whereby a new employer will undertake the work currently undertaken by the employee, the employer will meet with the employee, providing information about the proposed arrangement and an opportunity for the employee to comment on the proposal, and will consider and respond to their comments. The employee has the right to seek the advice of their union or to have the union act on their behalf. 34.2.2 The employer will negotiate with the new employer, including whether the affected employee will transfer to the new employer on the same terms and conditions, and will include in the agreement reached with the new employer a requirement that the employee be offered a position with the new employer at the same or similar terms of employment. 34.2.3 The requirement for consultation should not be treated perfunctorily or as a mere formality. The person(s) to be consulted must be given sufficient opportunity to express their view or to point to difficulties or problems. 34.2.4 Both parties should keep open minds during consultation and be ready to change. Sufficiently precise information must be given to enable the person(s) being consulted to state a view, together with a reasonable opportunity to do so – either orally or in writing. 34.2.5 Consultation requires neither agreement nor consensus, but the parties accept that consensus is a desirable outcome. 34.2.6 However, the final decision shall be the responsibility of the employer. 34.2.7 From time to time directives will be received from government and other external bodies, or through legislative change. On such occasions, the consultation will be related to the implementation process of these directives. 34.2.8 The process of consultation for the management of change shall be as follows: a) The initiative being consulted about should be presented by the employer as a “proposal” or “proposed intention or plan” which has not yet been finalised. b) Sufficient information must be provided by the employer to enable the party/parties consulted to develop an informed response. c) Sufficient time must be allowed for the consulted party/parties to assess the information and make such response, subject to the overall time constraints within which a decision needs to be made. d) Genuine consideration must be given by the employer to the matters raised in the response. e) The final decision shall be the responsibility of the employer. The above process shall be completed prior to the implementation of clause 34.3.

Restructuring. 34.2.1 35.2.1 In the event that all or part of the work undertaken by the employee will be affected by the employer entering into an arrangement whereby a new employer will undertake the work currently undertaken by the employee, the employer will meet with the employee, providing information about the proposed arrangement and an opportunity for the employee to comment on the proposal, and will consider and respond to their comments. The employee has the right to seek the advice of their union or to have the union act on their behalf. 34.2.2 35.2.2 The employer will negotiate with the new employer, including whether the affected employee will transfer to the new employer on the same terms and conditions, and will include in the agreement reached with the new employer a requirement that the employee be offered a position with the new employer at the same or similar terms of employment. 34.2.3 35.2.3 The requirement for consultation should not be treated perfunctorily or as a mere formality. The person(s) to be consulted must be given sufficient opportunity to express their view or to point to difficulties or problems. 34.2.4 35.2.4 Both parties should keep open minds during consultation and be ready to change. Sufficiently precise information must be given to enable the person(s) being consulted to state a view, together with a reasonable opportunity to do so – - either orally or in writing. 34.2.5 35.2.5 Consultation requires neither agreement nor consensus, but the parties accept that consensus is a desirable outcome. 34.2.6 35.2.6 However, the final decision shall be the responsibility of the employer. 34.2.7 35.2.7 From time to time directives will be received from government and other external bodies, or through legislative change. On such occasions, the consultation will be related to the implementation process of these directives. 34.2.8 35.2.8 The process of consultation for the management of change shall be as follows: a) The initiative being consulted about should be presented by the employer as a “"proposal” " or “"proposed intention or plan” " which has not yet been finalised. b) Sufficient information must be provided by the employer to enable the party/parties consulted to develop an informed response. c) Sufficient time must be allowed for the consulted party/parties to assess the information and make such response, subject to the overall time constraints within which a decision needs to be made. d) Genuine consideration must be given by the employer to the matters raised in the response. e) The final decision shall be the responsibility of the employer. The above process shall be completed prior to the implementation of clause 34.335.3.

Restructuring. 34.2.1 35.2.1 In the event that all or part of the work undertaken by the employee will be affected by the employer entering into an arrangement whereby a new employer will undertake the work currently undertaken by the employee, the employer will meet with the employee, providing information about the proposed arrangement and an opportunity for the employee to comment on the proposal, and will consider and respond to their comments. The employee has the right to seek the advice of their union or to have the union act on their behalf. 34.2.2 35.2.2 The employer will negotiate with the new employer, including whether the affected employee will transfer to the new employer on the same terms and conditions, and will include in the agreement reached with the new employer a requirement that the employee be offered a position with the new employer at the same or similar terms of employment. 34.2.3 35.2.3 The requirement for consultation should not be treated perfunctorily or as a mere formality. The person(s) to be consulted must be given sufficient opportunity to express their view or to point to difficulties or problems. 34.2.4 35.2.4 Both parties should keep open minds during consultation and be ready to change. Sufficiently precise information must be given to enable the person(s) being consulted to state a view, together with a reasonable opportunity to do so – - either orally or in writinginwriting. 34.2.5 35.2.5 Consultation requires neither agreement nor consensus, but the parties accept that consensus is a desirable outcome. 34.2.6 35.2.6 However, the final decision shall be the responsibility of the employertheemployer. 34.2.7 35.2.7 From time to time directives will be received from government and other external bodies, or through legislative change. On such occasions, the consultation will be related to the implementation process of these directives. 34.2.8 35.2.8 The process of consultation for the management of change shall be as followsasfollows: a) The initiative being consulted about should be presented by the employer as a “"proposal” " or “"proposed intention or plan” " which has not yet been finalised. b) Sufficient information must be provided by the employer to enable the party/parties consulted to develop an informed response. c) Sufficient time must be allowed for the consulted party/parties to assess the information and make such response, subject to the overall time constraints within which a decision needs to be made. d) Genuine consideration must be given by the employer to the matters raised in the response. e) The final decision shall be the responsibility of the employertheemployer. The above process shall be completed prior to the implementation of clause 34.335.3.

Restructuring. 34.2.1 35.2.1 In the event that all or part of the work undertaken by the employee will be affected by the employer entering into an arrangement whereby a new employer will undertake the work currently undertaken by the employee, the employer will meet with the employee, providing information about the proposed arrangement and an opportunity for the employee to comment on the proposal, and will consider and respond to their comments. The employee has the right to seek the advice of their union or to have the union act on their behalf. 34.2.2 35.2.2 The employer will negotiate with the new employer, including whether the affected employee will transfer to the new employer on the same terms and conditions, and will include in the agreement reached with the new employer a requirement that the employee be offered a position with the new employer at the same or similar terms of employment. 34.2.3 35.2.3 The requirement for consultation should not be treated perfunctorily or as a mere formality. The person(s) to be consulted must be given sufficient opportunity to express their view or to point to difficulties or problems. 34.2.4 35.2.4 Both parties should keep open minds during consultation and be ready to change. Sufficiently precise information must be given to enable the person(s) being consulted to state a view, together with a reasonable opportunity to do so – - either orally or in writing. 34.2.5 35.2.5 Consultation requires neither agreement nor consensus, but the parties accept that consensus is a desirable outcome. 34.2.6 35.2.6 However, the final decision shall be the responsibility of the employer. 34.2.7 35.2.7 From time to time directives will be received from government and other external bodies, or through legislative change. On such occasions, the consultation will be related to the implementation process of these directives. 34.2.8 35.2.8 The process of consultation for the management of change shall be as follows: a) The initiative being consulted about should be presented by the employer as a “"proposal” " or “"proposed intention or plan” " which has not yet been finalised. b) Sufficient information must be provided by the employer to enable the party/parties consulted to develop an informed response. c) Sufficient time must be allowed for the consulted party/parties to assess the information and make such response, subject to the overall time constraints within which a decision needs to be made. d) Genuine consideration must be given by the employer to the matters raised in the response. e) The final decision shall be the responsibility of the employer. The above process shall be completed prior to the implementation of clause 34.3.

Restructuring. 34.2.1 35.2.1 In the event that all or part of the work undertaken by the employee will be affected by the employer entering into an arrangement whereby a new employer will undertake the work currently undertaken by the employee, the employer will meet with the employee, providing information about the proposed arrangement and an opportunity for the employee to comment on the proposal, and will consider and respond to their comments. The employee has the right to seek the advice of their union or to have the union act on their behalf. 34.2.2 35.2.2 The employer will negotiate with the new employer, including whether the affected employee will transfer to the new employer on the same terms and conditions, and will include in the agreement reached with the new employer a requirement that the employee be offered a position with the new employer at the same or similar terms of employment. 34.2.3 35.2.3 The requirement for consultation should not be treated perfunctorily or as a mere formality. The person(s) to be consulted must be given sufficient opportunity to express their view or to point to difficulties or problems. 34.2.4 35.2.4 Both parties should keep open minds during consultation and be ready to change. Sufficiently precise information must be given to enable the person(s) being consulted to state a view, together with a reasonable opportunity to do so – either orally or in writing. 34.2.5 35.2.5 Consultation requires neither agreement nor consensus, but the parties accept that consensus is a desirable outcome. 34.2.6 36.2.6 However, the final decision shall be the responsibility of the employer. 34.2.7 35.2.7 From time to time directives will be received from government and other external bodies, or through legislative change. On such occasions, the consultation will be related to the implementation process of these directives. 34.2.8 35.2.8 The process of consultation for the management of change shall be as follows: a) The initiative being consulted about should be presented by the employer as a “proposal” or “proposed intention or plan” which has not yet been finalised. b) Sufficient information must be provided by the employer to enable the party/parties consulted to develop an informed response. c) Sufficient time must be allowed for the consulted party/parties to assess the information and make such response, subject to the overall time constraints within which a decision needs to be made. d) Genuine consideration must be given by the employer to the matters raised in the response. e) The final decision shall be the responsibility of the employer. The above process shall be completed prior to the implementation of clause 34.335.3.