Common use of STAFF SURPLUS Clause in Contracts

STAFF SURPLUS. 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 The person acquiring the business or the part being sold or transferred a) Has offered the employee employment in the business or the part being sold or transferred; and b) Has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a) Any service related conditions; and b) Any conditions relating to redundancy; and c) Any conditions relating to superannuation Under the employment being terminated; and The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a) In the same capacity as that in which the employee was employed by the Employer; or b) In any capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 30.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's ’s operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 30.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 30.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's ’s business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 30.2.1 The person acquiring the business or the part being sold or transferred (a) Has has offered the employee employment in the business or the part being sold or transferred; and (b) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and 30.2.2 The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (a) Any any service related conditions; and (b) Any any conditions relating to redundancy; and (c) Any any conditions relating to superannuation Under - under the employment being terminated; and and 30.2.3 The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: (a) In in the same capacity as that in which the employee was employed by the Employeremployer; or (b) In in any capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause subclause 26.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 The person acquiring the business or the part being sold or transferred (a) Has offered the employee employment in the business or the part being sold or transferred; and (b) Has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (a) Any service related conditions; and (b) Any conditions relating to redundancy; and (c) Any conditions relating to superannuation Under the employment being terminated; and The the offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: (a) In the same capacity as that in which the employee was employed by the Employer; or (b) In any capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 27.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 subclause 27.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 27.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 27.2.1 The person acquiring the business or the part being sold or transferred (a) Has offered the employee employment in the business or the part being sold or transferred; and (b) Has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (a) Any service related conditions; and (b) Any conditions relating to redundancy; and (c) Any conditions relating to superannuation Under the employment being terminated; and The the offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: (a) In the same capacity as that in which the employee was employed by the Employer; or (b) In any capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub sub-clause 26.5 25.3.4 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employeein accordance with this clause. 26.2 25.3.1 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 (a) The person acquiring the business or the part being sold or transferredtransferred - a(i) Has has offered the employee employment in the business or the part being sold or transferred; and b(ii) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a(i) Any any service related conditions; and b(ii) Any any conditions relating to redundancy; and c(iii) Any any conditions relating to superannuation Under - under the employment being terminated; and and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a(i) In in the same capacity as that in which the employee was employed by the Employer; , or b(ii) In in any capacity that the employee is willing to accept. When condition (b) is not met, the employer may offer a lump payment equivalent to what the difference between the current wage and the new wage would be over a two- year period. Where the person acquiring the business does not offer the employee employment on the basis of (a), (b) and (c) above, the employee will have access to the Staff Surplus provisions. 25.3.2 Notification of a staffing surplus shall be advised to the affected employees and their Union at least one month prior to the date of giving notice of severance or enhanced early retirement to any affected employee. This date may be varied by agreement between the parties. During this period, the employer and employee, who can elect to involve their Union Representative, will meet to agree on the options appropriate to the circumstances. Where employees are to be relocated, at least three months' notice shall be given to employees, provided that in any situation, a lesser period of notice may be mutually agreed between the employee and the employer where the circumstances warrant it (and agreement shall not be unreasonably withheld). 25.3.3 The following information shall be made available to the Union representatives in respect of affected employees they represent: (a) the location/s of proposed surplus (b) the total number of proposed surplus employees (c) the date by which the surplus needs to be discharged (d) the positions, grading, names and ages of the affected employees (e) availability of alternative positions in the DHB. On request the Union representative will be supplied with relevant additional information where available. 25.3.4 Options - The following are the options to be applied in staff surplus situations: (a) Reconfirmed in position (b) Attrition (c) Redeployment

STAFF SURPLUS. 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employeesmidwives, or, employees midwives can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub sub-clause 26.5 27.4 below shall be invoked considered and decided on a case by case basis by the employer having due regard to the circumstances of the affected employeein accordance with this clause. 26.2 27.1 Where an employeea midwife's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee midwife if: 26.2.1 (a) The person acquiring the business business, or the part being sold or transferredtransferred - a(i) Has has offered the employee midwife employment in the business or the part being sold or transferred; and b(ii) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and (b) The conditions of employment offered to the employee midwife by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employeemidwife's conditions of employment, including: a(i) Any any service related conditions; and b(ii) Any any conditions relating to redundancy; and c(iii) Any any conditions relating to superannuation Under - under the employment being terminated; and and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee midwife in that business or part of the business either: a(i) In in the same capacity as that in which the employee midwife was employed by the Employer; , or b(ii) In in any capacity that the employee midwife is willing to accept.

STAFF SURPLUS. 26.1 ‌ When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub sub-clause 26.5 25.3.4 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employeein accordance with this clause. 26.2 25.3.1 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 (a) The person acquiring the business or the part being sold or transferredtransferred - a(i) Has has offered the employee employment in the business or the part being sold or transferred; and b(ii) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a(i) Any any service related conditions; and b(ii) Any any conditions relating to redundancy; and c(iii) Any any conditions relating to superannuation Under - under the employment being terminated; and and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a(i) In in the same capacity as that in which the employee was employed by the Employer; , or b(ii) In in any capacity that the employee is willing to accept. When condition (b) is not met, the employer may offer a lump payment equivalent to what the difference between the current wage and the new wage would be over a two-year period. Where the person acquiring the business does not offer the employee employment on the basis of (a), (b) and (c) above, the employee will have access to the Staff Surplus provisions. 25.3.2 Notification of a staffing surplus shall be advised to the affected employees and their Union at least one month prior to the date of giving notice of severance or enhanced early retirement to any affected employee. This date may be varied by agreement between the parties. During this period, the employer and employee, who can elect to involve their Union Representative, will meet to agree on the options appropriate to the circumstances. Where employees are to be relocated, at least three months' notice shall be given to employees, provided that in any situation, a lesser period of notice may be mutually agreed between the employee and the employer where the circumstances warrant it (and agreement shall not be unreasonably withheld). 25.3.3 The following information shall be made available to the Union representatives in respect of affected employees they represent: (a) the location/s of proposed surplus (b) the total number of proposed surplus employees (c) the date by which the surplus needs to be discharged (d) the positions, grading, names and ages of the affected employees (e) availability of alternative positions within the District. On request the Union representative will be supplied with relevant additional information where available. 25.3.4 Options - The following are the options to be applied in staff surplus situations: (a) Reconfirmed in position (b) Attrition (c) Redeployment

STAFF SURPLUS. 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub sub-clause 26.5 25.3.4 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employeein accordance with this clause. 26.2 25.3.1 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 (a) The person acquiring the business or the part being sold or transferredtransferred - a(i) Has has offered the employee employment in the business or the part being sold or transferred; and b(ii) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a(i) Any any service related conditions; and b(ii) Any any conditions relating to redundancy; and c(iii) Any any conditions relating to superannuation Under - under the employment being terminated; and and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a(i) In in the same capacity as that in which the employee was employed by the Employer; , or b(ii) In in any capacity that the employee is willing to accept. When condition (b) is not met, the employer may offer a lump payment equivalent to what the difference between the current wage and the new wage would be over a two-year period. Where the person acquiring the business does not offer the employee employment on the basis of (a), (b) and (c) above, the employee will have access to the Staff Surplus provisions. 25.3.2 Notification of a staffing surplus shall be advised to the affected employees and their Union at least one month prior to the date of giving notice of severance or enhanced early retirement to any affected employee. This date may be varied by agreement between the parties. During this period, the employer and employee, who can elect to involve their Union Representative, will meet to agree on the options appropriate to the circumstances. Where employees are to be relocated, at least three months' notice shall be given to employees, provided that in any situation, a lesser period of notice may be mutually agreed between the employee and the employer where the circumstances warrant it (and agreement shall not be unreasonably withheld). 25.3.3 The following information shall be made available to the Union representatives in respect of affected employees they represent: (a) the location/s of proposed surplus (b) the total number of proposed surplus employees (c) the date by which the surplus needs to be discharged (d) the positions, grading, names and ages of the affected employees (e) availability of alternative positions within the District. On request the Union representative will be supplied with relevant additional information where available. 25.3.4 Options - The following are the options to be applied in staff surplus situations: (a) Reconfirmed in position (b) Attrition (c) Redeployment

STAFF SURPLUS. 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 26.3.4 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employeein accordance with this clause. 26.2 26.3.1 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 (a) The person acquiring the business or the part being sold or transferredtransferred - a(i) Has has offered the employee employment in the business or the part being sold or transferred; and b(ii) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a(i) Any service any service-related conditions; and b(ii) Any any conditions relating to redundancy; and c(iii) Any any conditions relating to superannuation Under - under the employment being terminated; and and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a(i) In in the same capacity as that in which the employee was employed by the Employer; employer, or b(ii) In in any capacity that the employee is willing to accept. When condition (b) is not met, the employer may offer a lump payment equivalent to what the difference between the current wage and the new wage would be over a two year period. Where the person acquiring the business does not offer the employee employment on the basis of (a), (b) and (c) above, the employee will have access to the Staff Surplus provisions. 26.3.2 Notification of a staffing surplus shall be advised to the affected employees and APEX at least one month prior to the date of giving notice of severance or enhanced early retirement to any affected employee. This date may be varied by agreement between the parties. During this period, the employer and employee, who can elect to involve their Union Representative, will meet to agree on the options appropriate to the circumstances. Where employees are to be relocated, at least three months' notice shall be given to employees, provided that in any situation, a lesser period of notice may be mutually agreed between the employee and the employer where the circumstances warrant it (and agreement shall not be unreasonably withheld). 26.3.3 The following information shall be made available to the Union representatives in respect of affected employees they represent: (a) the location/s of proposed surplus (b) the total number of proposed surplus employees (c) the date by which the surplus needs to be discharged (d) the positions, grading, names and ages of the affected employees (e) availability of alternative positions in the District. On request the Union representative will be supplied with relevant additional information where available. 26.3.4 Options - The following are the options to be applied in staff surplus situations: (a) Reconfirmed in position (b) Attrition (c) Redeployment

STAFF SURPLUS. 26.1 ‌ 31.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's ’s operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 30.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 31.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's ’s business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 31.2.1 The person acquiring the business or the part being sold or transferred (a) Has has offered the employee employment in the business or the part being sold or transferred; and (b) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and 31.2.2 The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (a) Any any service related conditions; and (b) Any any conditions relating to redundancy; and (c) Any any conditions relating to superannuation Under - under the employment being terminated; and and 31.2.3 The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: (a) In in the same capacity as that in which the employee was employed by the Employeremployer; or (b) In in any capacity that the employee is willing to accept.

STAFF SURPLUS. ‌ 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause subclause 26.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 The person acquiring the business or the part being sold or transferred (a) Has offered the employee employment in the business or the part being sold or transferred; and (b) Has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (a) Any service related conditions; and (b) Any conditions relating to redundancy; and (c) Any conditions relating to superannuation Under the employment being terminated; and The the offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: (a) In the same capacity as that in which the employee was employed by the Employer; or (b) In any capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 25.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's ’s operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires required a reduction in the number of employees, employees or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 subclause 25.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 25.2 Where an employee's ’s employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's ’s business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 25.2.1 The person acquiring the business or the part being sold or transferred a) transferred • Has offered the employee employment in the business or the part being sold or transferred; and b) and • Has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's ’s conditions of employment, including: a) : • Any service related conditions; and b) and • Any conditions relating to redundancy; and c) and • Any conditions relating to superannuation Under the employment employments being terminated; and The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a) : • In the same capacity as that in which the employee was employed by the Employer; or b) or • In any a capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause subclause 26.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 The person acquiring the business or the part being sold or transferred (a) Has offered the employee employment in the business or the part being sold or transferred; and (b) Has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (a) Any service related conditions; and (b) Any conditions relating to redundancy; and (c) Any conditions relating to superannuation Under the employment being terminated; and The the offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a(i) In the same capacity as that in which the employee was employed by the Employer; or b(ii) In any capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 subclause 20.3.4 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employeein accordance with this clause. 26.2 20.3.1 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 (a) The person acquiring the business or the part being sold or transferredtransferred - a(i) Has has offered the employee employment in the business or the part being sold or transferred; and b(ii) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a(i) Any any service related conditions; and b(ii) Any any conditions relating to redundancy; and c(iii) Any any conditions relating to superannuation Under - under the employment being terminated; and and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a(i) In in the same capacity as that in which the employee was employed by the Employer; , or b(ii) In in any capacity that the employee is willing to accept. When condition (b) is not met, the employer may offer a lump payment equivalent to what the difference between the current wage and the new wage would be over a two year period. Where the person acquiring the business does not offer the employee employment on the basis of (a), (b) and (c) above, the employee will have access to the Staff Surplus provisions. 20.3.2 Notification of a staffing surplus shall be advised to the affected employees at least one month prior to the date of giving notice of severance or enhanced early retirement to any affected employee. This date may be varied by agreement between the parties. During this period, the employer and employee will meet to agree on the options appropriate to the circumstances. Where employees are to be relocated, at least three months' notice shall be given to employees, provided that in any situation, a lesser period of notice may be mutually agreed between the employee and the employer where the circumstances warrant it (and agreement shall not be unreasonably withheld).

STAFF SURPLUS. 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 subclause 24.3.4 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employeein accordance with this clause. 26.2 25.3.1 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 (a) The person acquiring the business or the part being sold or transferredtransferred - a(i) Has has offered the employee employment in the business or the part being sold or transferred; and b(ii) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a(i) Any any service related conditions; and b(ii) Any any conditions relating to redundancy; and c(iii) Any any conditions relating to superannuation Under - under the employment being terminated; and and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a(i) In in the same capacity as that in which the employee was employed by the Employer; , or b(ii) In in any capacity that the employee is willing to accept. When condition (b) is not met, the employer may offer a lump payment equivalent to what the difference between the current wage and the new wage would be over a two year period. Where the person acquiring the business does not offer the employee employment on the basis of (a), (b) and (c) above, the employee will have access to the Staff Surplus provisions. 25.3.2 Notification of a staffing surplus shall be advised to the affected employees and their Union at least one month prior to the date of giving notice of severance or enhanced early retirement to any affected employee. This date may be varied by agreement between the parties. During this period, the employer and employee, who can elect to involve their Union Representative, will meet to agree on the options appropriate to the circumstances. Where employees are to be relocated, at least three months' notice shall be given to employees, provided that in any situation, a lesser period of notice may be mutually agreed between the employee and the employer where the circumstances warrant it (and agreement shall not be unreasonably withheld). 25.3.3 The following information shall be made available to the Union representatives in respect of affected employees they represent: (a) the location/s of proposed surplus (b) the total number of proposed surplus employees (c) the date by which the surplus needs to be discharged (d) the positions, grading, names and ages of the affected employees (e) availability of alternative positions in the DHB. On request the Union representative will be supplied with relevant additional information where available. 25.3.4 Options - The following are the options to be applied in staff surplus situations: (a) Reconfirmed in position (b) Attrition (c) Redeployment

STAFF SURPLUS. 26.1 35.3.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisationre-organisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number thenumber of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub sub-clause 26.5 35.4 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employeein accordance with this clause. 26.2 35.3.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 (a) The person acquiring the business or the part being sold or transferredtransferred - a(i) Has has offered the employee employment in the business or the part being sold or transferred; and b(ii) Has has agreed to treat service with the employer as if it were service with that withthat person and as if it were continuous; and the and (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a(i) Any any service related conditions; and b(ii) Any any conditions relating to redundancy; and c(iii) Any any conditions relating to superannuation Under under the employment being terminated; and and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a(i) In in the same capacity as that in which the employee was employed by the Employer; , or b(ii) In in any capacity that the employee is willing to accept. (d) Where the person acquiring the business does not offer the employee employment on the basis of a, b and c above, the employee will have full access to the staff surplus provisions

STAFF SURPLUS. 26.1 31.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's ’s operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 subclause 31.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 31.2 Where an employee's ’s employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's ’s business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 31.2.1 The person acquiring the business or the part being sold or transferred (a) Has has offered the employee employment in the business or the part being sold or transferred; and (b) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and 31.2.2 The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's ’s conditions of employment, including: (a) Any any service related conditions; and (b) Any any conditions relating to redundancy; and (c) Any any conditions relating to superannuation Under - under the employment being terminated; and and 31.2.3 The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: (a) In in the same capacity as that in which the employee was employed by the Employeremployer; or (b) In in any capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 ‌ 30.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's ’s operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 30.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 30.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's ’s business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 30.2.1 The person acquiring the business or the part being sold or transferred (a) Has has offered the employee employment in the business or the part being sold or transferred; and (b) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and 30.2.2 The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (a) Any any service related conditions; and (b) Any any conditions relating to redundancy; and (c) Any any conditions relating to superannuation Under - under the employment being terminated; and and 30.2.3 The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: (a) In in the same capacity as that in which the employee was employed by the Employeremployer; or (b) In in any capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 27.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 subclause 27.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 27.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 27.2.1 The person acquiring the business or the part being sold or transferred (a) Has offered the employee employment in the business or the part being sold or transferred; and (b) Has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (a) Any service related conditions; and (b) Any conditions relating to redundancy; and (c) Any conditions relating to superannuation Under the employment being terminated; and The the offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a(i) In the same capacity as that in which the employee was employed by the Employer; or b(ii) In any capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 23.3.4 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employeein accordance with this clause. 26.2 23.3.1 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 (a) The person acquiring the business or the part being sold or transferredtransferred - a(i) Has has offered the employee employment in the business or the part being sold or transferred; and b(ii) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a(i) Any any service related conditions; and b(ii) Any any conditions relating to redundancy; and c(iii) Any any conditions relating to superannuation Under - under the employment being terminated; and and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a(i) In in the same capacity as that in which the employee was employed by the Employer; employer, or b(ii) In in any capacity that the employee is willing to accept. When condition (b) is not met, the employer may offer a lump payment equivalent to what the difference between the current wage and the new wage would be over a two year period. Where the person acquiring the business does not offer the employee employment on the basis of (a), (b) and (c) above, the employee will have access to the Staff Surplus provisions. 23.3.2 Notification of a staffing surplus shall be advised to the affected employees and APEX at least one month prior to the date of giving notice of severance or enhanced early retirement to any affected employee. This date may be varied by agreement between the parties. During this period, the employer and employee, who can elect to involve their Union Representative, will meet to agree on the options appropriate to the circumstances. Where employees are to be relocated, at least three months' notice shall be given to employees, provided that in any situation, a lesser period of notice may be mutually agreed between the employee and the employer where the circumstances warrant it (and agreement shall not be unreasonably withheld). 23.3.3 The following information shall be made available to the Union representatives in respect of affected employees they represent: (a) the location/s of proposed surplus (b) the total number of proposed surplus employees (c) the date by which the surplus needs to be discharged (d) the positions, grading, names and ages of the affected employees (e) availability of alternative positions in the DHB. On request the Union representative will be supplied with relevant additional information where available. 23.3.4 Options - The following are the options to be applied in staff surplus situations: (a) Reconfirmed in position (b) Attrition (c) Redeployment

STAFF SURPLUS. 26.1 31.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 subclause 31.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 31.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 31.2.1 The person acquiring the business or the part being sold or transferred (a) Has has offered the employee employment in the business or the part being sold or transferred; and (b) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and 31.2.2 The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (a) Any any service related conditions; and (b) Any any conditions relating to redundancy; and (c) Any any conditions relating to superannuation Under - under the employment being terminated; and and 31.2.3 The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: (a) In in the same capacity as that in which the employee was employed by the Employeremployer; or (b) In in any capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 ‌ When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employeesmidwives, or, employees midwives can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub sub-clause 26.5 28.4 below shall be invoked considered and decided on a case by case basis by the employer having due regard to the circumstances of the affected employeein accordance with this clause. 26.2 28.1 Where an employeea midwife's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee midwife if: 26.2.1 (a) The person acquiring the business business, or the part being sold or transferredtransferred - a(i) Has has offered the employee midwife employment in the business or the part being sold or transferred; and b(ii) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and (b) The conditions of employment offered to the employee midwife by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employeemidwife's conditions of employment, including: a(i) Any any service related conditions; and b(ii) Any any conditions relating to redundancy; and c(iii) Any any conditions relating to superannuation Under - under the employment being terminated; and and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee midwife in that business or part of the business either: a(i) In in the same capacity as that in which the employee midwife was employed by the Employer; , or b(ii) In in any capacity that the employee midwife is willing to accept.

STAFF SURPLUS. 26.1 31.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's ’s operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 30.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 31.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's ’s business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 31.2.1 The person acquiring the business or the part being sold or transferred (a) Has has offered the employee employment in the business or the part being sold or transferred; and (b) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and 31.2.2 The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (a) Any any service related conditions; and (b) Any any conditions relating to redundancy; and (c) Any any conditions relating to superannuation Under - under the employment being terminated; and and 31.2.3 The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: (a) In in the same capacity as that in which the employee was employed by the Employeremployer; or (b) In in any capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 25.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 subclause 25.6 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 25.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 25.3 The person acquiring the business or the part being sold or transferred a) transferred Has offered the employee employment in the business or the part being sold or transferred; and b) and Has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a) : Any service related conditions; and b) and Any conditions relating to redundancy; and c) and Any conditions relating to superannuation Under the employment being terminated; and The the offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a) : In the same capacity as that in which the employee was employed by the Employer; or b) or In any capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 ‌ 31.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's ’s operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 30.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 31.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's ’s business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 31.2.1 The person acquiring the business or the part being sold or transferred a) Has has offered the employee employment in the business or the part being sold or transferred; and b) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and 31.2.2 The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a) Any any service related conditions; and b) Any any conditions relating to redundancy; and c) Any any conditions relating to superannuation Under - under the employment being terminated; and and 31.2.3 The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a) In in the same capacity as that in which the employee was employed by the Employeremployer; or b) In in any capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 31.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's ’s operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 30.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 31.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's ’s business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 31.2.1 The person acquiring the business or the part being sold or transferred a) Has has offered the employee employment in the business or the part being sold or transferred; and b) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and 31.2.2 The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a) Any any service related conditions; and b) Any any conditions relating to redundancy; and c) Any any conditions relating to superannuation Under - under the employment being terminated; and and 31.2.3 The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a) In in the same capacity as that in which the employee was employed by the Employeremployer; or b) In in any capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 25.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's ’s operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires required a reduction in the number of employees, employees or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 subclause 25.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 25.2 Where an employee's ’s employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's ’s business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 25.2.1 The person acquiring the business or the part being sold or transferred a) transferred  Has offered the employee employment in the business or the part being sold or transferred; and b) and  Has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's ’s conditions of employment, including: a) :  Any service related conditions; and b) and  Any conditions relating to redundancy; and c) and  Any conditions relating to superannuation Under the employment employments being terminated; and The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a) :  In the same capacity as that in which the employee was employed by the Employer; or b) or  In any a capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 the subclause 22.3.3 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employeein accordance with this clause. 26.2 29.3.1 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 (a) The person acquiring the business business, or the part being sold or transferredtransferred - a(i) Has has offered the employee employment in the business or the part being sold or transferred; and b(ii) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a(i) Any service any service-related conditions; and b(ii) Any any conditions relating to redundancy; and c(iii) Any any conditions relating to superannuation Under – under the employment being terminated; and and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a(i) In in the same capacity as that in which the employee was employed by the Employer; , or b(ii) In in any capacity that the employee is willing to accept. When condition (b) is not met, the employer may offer a lump payment equivalent to what the difference between the current wage and the new wage would be over a two-year period. Where the person acquiring the business does not offer the employee employment on the basis of (a), (b) and (c) above, the employee will have access to the Staff Surplus provisions. 29.3.2 Notification of a staffing surplus shall be advised to the affected employees and their Union at least one month prior to the date of giving notice of severance or enhanced early retirement to any affected employee. This date may be varied by agreement between the parties. During this period, the employer and employee, who can elect to involve their Union Representative, will meet to agree on the options appropriate to the circumstances. Where employees are to be relocated, at least three months' notice shall be given to employees, provided that in any situation, a lesser period of notice may be mutually agreed between the employee and the employer where the circumstances warrant it (and agreement shall not be unreasonably withheld). 29.3.3 The following information shall be made available to the Union representatives in respect of affected employees they represent: (i) the location/s of proposed surplus (ii) the total number of proposed surplus employees (iii) the date by which the surplus needs to be discharged (iv) the positions, grading, names, and ages of the affected employees (v) availability of alternative positions at Maniototo. On request the Union representative will be supplied with relevant additional information where available.

STAFF SURPLUS. 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 26.3.4 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employeein accordance with this clause. 26.2 26.3.1 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 (a) The person acquiring the business or the part being sold or transferredtransferred - a(i) Has has offered the employee employment in the business or the part being sold or transferred; and b(ii) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a(i) Any any service related conditions; and b(ii) Any any conditions relating to redundancy; and c(iii) Any any conditions relating to superannuation Under - under the employment being terminated; and and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a(i) In in the same capacity as that in which the employee was employed by the Employer; employer, or b(ii) In in any capacity that the employee is willing to accept. When condition (b) is not met, the employer may offer a lump payment equivalent to what the difference between the current wage and the new wage would be over a two year period. Where the person acquiring the business does not offer the employee employment on the basis of (a), (b) and (c) above, the employee will have access to the Staff Surplus provisions. 26.3.2 Notification of a staffing surplus shall be advised to the affected employees and APEX at least one month prior to the date of giving notice of severance or enhanced early retirement to any affected employee. This date may be varied by agreement between the parties. During this period, the employer and employee, who can elect to involve their Union Representative, will meet to agree on the options appropriate to the circumstances. Where employees are to be relocated, at least three months' notice shall be given to employees, provided that in any situation, a lesser period of notice may be mutually agreed between the employee and the employer where the circumstances warrant it (and agreement shall not be unreasonably withheld). 26.3.3 The following information shall be made available to the Union representatives in respect of affected employees they represent: (a) the location/s of proposed surplus (b) the total number of proposed surplus employees (c) the date by which the surplus needs to be discharged (d) the positions, grading, names and ages of the affected employees (e) availability of alternative positions in the DHB. On request the Union representative will be supplied with relevant additional information where available. 26.3.4 Options - The following are the options to be applied in staff surplus situations: (a) Reconfirmed in position (b) Attrition

STAFF SURPLUS. 26.1 27.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause subclause 26.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 26.2 27.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 27.2.1 The person acquiring the business or the part being sold or transferred (a) Has offered the employee employment in the business or the part being sold or transferred; and (b) Has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (a) Any service related conditions; and (b) Any conditions relating to redundancy; and (c) Any conditions relating to superannuation Under the employment being terminated; and The the offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a(i) In the same capacity as that in which the employee was employed by the Employer; or b(ii) In any capacity that the employee is willing to accept.

STAFF SURPLUS. 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 subclause 25.3.4 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employeein accordance with this clause. 26.2 25.3.1 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 (a) The person acquiring the business business, or the part being sold or transferredtransferred - a(i) Has has offered the employee employment in the business or the part being sold or transferred; and b(ii) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a(i) Any service any service-related conditions; and b(ii) Any any conditions relating to redundancy; and c(iii) Any any conditions relating to superannuation Under - (iv) under the employment being terminated; and and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a(i) In in the same capacity as that in which the employee was employed by the Employer; , or b(ii) In in any capacity that the employee is willing to accept. When condition (b) is not met, the employer may offer a lump payment equivalent to what the difference between the current wage and the new wage would be over a two-year period. Where the person acquiring the business does not offer the employee employment on the basis of (a), (b) and (c) above, the employee will have access to the Staff Surplus provisions. 25.3.2 Notification of a staffing surplus shall be advised to the affected employees and their Union at least one month prior to the date of giving notice of severance or enhanced early retirement to any affected employee. This date may be varied by agreement between the parties. During this period, the employer and employee, who can elect to involve their Union Representative, will meet to agree on the options appropriate to the circumstances. Where employees are to be relocated, at least three months' notice shall be given to employees, provided that in any situation, a lesser period of notice may be mutually agreed between the employee and the employer where the circumstances warrant it (and agreement shall not be unreasonably withheld). 25.3.3 The following information shall be made available to the Union representatives in respect of affected employees they represent: (a) the location/s of proposed surplus (b) the total number of proposed surplus employees (c) the date by which the surplus needs to be discharged (d) the positions, grading, names, and ages of the affected employees (e) availability of alternative positions in the CCHCL. On request the Union representative will be supplied with relevant additional information where available. 25.3.4 Options - The following are the options to be applied in staff surplus situations: (a) Reconfirmed in position (b) Attrition (c) Redeployment

STAFF SURPLUS. 26.1 35.3.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisationre-organisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 35.4 below shall be invoked and decided on a case by case case-by-case-basis by the employer having due regard to the circumstances of the affected employeein accordance with this clause. 26.2 35.3.2 Where an employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee if: 26.2.1 (a) The person acquiring the business or the part being sold or transferredtransferred - a(i) Has has offered the employee employment in the business or the part being sold or transferred; and b(ii) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: a(i) Any any service related -elated conditions; and b(ii) Any any conditions relating to redundancy; and c(iii) Any any conditions relating to superannuation Under under the employment being terminated; and and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a(i) In in the same capacity as that in which the employee was employed by the Employer; employer, or b(ii) In in any capacity that the employee is willing to accept. (d) Where the person acquiring the business does not offer the employee employment on the basis of a, b and c above, the employee will have full access to the staff surplus provisions.

STAFF SURPLUS. 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub sub-clause 26.5 28.4 below shall be invoked considered and decided on a case by case basis by the employer having due regard to the circumstances of the affected employeein accordance with this clause. 26.2 28.1 Where an employee's ’s employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement agreement shall require the employer to pay compensation for redundancy to the employee midwife if: 26.2.1 a. The person acquiring the business business, or the part being sold or transferredtransferred – a) Has i. has offered the employee employment in the business or the part being sold or transferred; and b) Has ii. has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and b. The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's ’s conditions of employment, including: a) Any service i. any service-related conditions; and b) Any ii. any conditions relating to redundancy; and c) Any iii. any conditions relating to superannuation Under – under the employment being terminated; and and c. The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: a) In i. in the same capacity as that in which the employee was employed by the Employer; or b) In ii. in any capacity that the employee is willing to accept.