Common use of Statutory Employee Protection Provision Clause in Contracts

Statutory Employee Protection Provision. ‌ 10.8.1 If the employer enters into any contract or arrangement with any person (“the New Employer”) under which the whole or part of the employer’s business is undertaken for the employer by the New Employer, or if the employer sells or transfers the whole or part of its business to the New Employer, the employer will seek to raise for discussion with the New Employer prior to such restructuring the extent to which restructuring may affect staff and, where employment may be affected, advise the outcome of this to TEU. 10.8.2 Matters which the employer will seek to raise in the discussion with the New Employer will include whether or not the New Employer will make offers of employment to the employer’s staff and if so whether staff will be offered employment in the same capacity, whether the conditions of employment offered will be the same or no less favourable than the staff member’s conditions of employment and whether service with the employer will be treated as continuous service with the New Employer. 10.8.3 At the time of any such restructuring, the employer will review the contractual and statutory entitlements of any staff whose employment is affected by the restructuring but does not transfer to the New Employer, by considering the employment agreement of that staff member together with the employer’s employment policies existing at that time and the member of staff’s personnel records. Individual entitlements will be notified by the employer to TEU. 10.8.4 This clause has been inserted in this agreement because of the Employment Relations Amendment Act (No 2) 2004.

Statutory Employee Protection Provision. ‌ 10.8.1 If the employer enters into any contract or arrangement with any person (“the New Employer”) under which the whole or part of the employer’s business is undertaken for the employer by the New Employer, or if the employer sells or transfers the whole or part of its business to the New Employer, the employer will seek to raise for discussion with the New Employer prior to such restructuring the extent to which restructuring may affect staff employees and, where employment may be affected, advise the outcome of this to TEU. 10.8.2 Matters which the employer will seek to raise in the discussion with the New Employer will include whether or not the New Employer will make offers of employment to the employer’s staff employees and if so whether staff employees will be offered employment in the same capacity, whether the conditions of employment offered will be the same or no less favourable than the staff memberemployee’s conditions of employment and whether service with the employer will be treated as continuous service with the New Employer. 10.8.3 At the time of any such restructuring, the employer will review the contractual and statutory entitlements of any staff employee whose employment is affected by the restructuring but does not transfer to the New Employer, by considering the employment agreement of that staff member employee together with the employer’s employment policies existing at that time and the member of staffemployee’s personnel records. Individual entitlements will be notified by the employer to TEU. 10.8.4 This clause has been inserted in this agreement because of the Employment Relations Amendment Act (No 2) 2004.)

Statutory Employee Protection Provision. ‌ 10.8.1 10.9.1 If the employer enters into any contract or arrangement with any person (“"the New Employer”") under which the whole or part of the employer’s 's business is undertaken for the employer by the New Employer, or if the employer sells or transfers the whole or part of its business to the New Employer, the employer will seek to raise for discussion with the New Employer prior to such restructuring the extent to which restructuring may affect staff employees and, where employment may be affected, advise the outcome of this to the TEU. 10.8.2 10.9.2 Matters which the employer will seek to raise in the discussion with the New Employer will include whether or not the New Employer will make offers of employment to the employer’s staff 's employees and if so whether staff employees will be offered employment in the same capacity, whether the conditions of employment offered will be the same or no less favourable than the staff member’s employee's conditions of employment and whether service with the employer will be treated as continuous service with the New Employer. 10.8.3 10.9.3 At the time of any such restructuring, the employer will review the contractual and statutory entitlements of any staff employee whose employment is affected by the restructuring but does not transfer to the New Employer, by considering the employment agreement of that staff member employee together with the employer’s 's employment policies existing at that time and the member of staff’s employee's personnel records. Individual entitlements will be notified by the employer to the TEU. 10.8.4 10.9.4 This clause has been inserted in this agreement because of the Employment Relations Amendment Act (No 2) 2004.)