Common use of Technical Redundancy Clause in Contracts

Technical Redundancy. If the employee’s employment is being terminated because 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 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 (c) 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 no less favourable than, the employee’s conditions of employment, including: • any service related conditions; and • any conditions relating to redundancy; and • any conditions relating to superannuation; under the employment being terminated; and (d) The offer of employment by the person acquiring the business or part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either; • In the same or similar capacity as that in which the employee was employed by the employer; or • In any capacity that the employee is willing to accept.

Technical Redundancy. If the employee’s 's employment is being terminated because 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 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 (c) 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 no less favourable than, the employee’s 's conditions of employment, including: •  any service related conditions; and •  any conditions relating to redundancy; and •  any conditions relating to superannuation; under the employment being terminated; and (d) The offer of employment by the person acquiring the business or part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either; •  In the same or similar capacity as that in which the employee was employed by the employer; or •  In any capacity that the employee is willing to accept.

Technical Redundancy. If the employee’s 's employment is being terminated because 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 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 (c) 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 no less favourable than, the employee’s 's conditions of employment, including: • ● any service related conditions; and • ● any conditions relating to redundancy; and • ● any conditions relating to superannuation; under the employment being terminated; and (d) The offer of employment by the person acquiring the business or part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either; • ● In the same or similar capacity as that in which the employee was employed by the employer; or • ● In any capacity that the employee is willing to accept.

Technical Redundancy. If the employee’s 's employment is being terminated because 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 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 (c) 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 no less favourable than, the employee’s 's conditions of employment, including: •  any service related conditions; and •  any conditions relating to redundancy; and •  any conditions relating to superannuation; under the employment being terminated; and (d) The offer of employment by the person acquiring the business or part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either; •  In the same or similar capacity as that in which the employee was employed by the employer; or •  In any capacity that the employee is willing to accept.

Technical Redundancy. If the employee’s employment is being terminated because 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 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 (c) 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 no less favourable than, the employee’s conditions of employment, including: •  any service related conditions; and •  any conditions relating to redundancy; and •  any conditions relating to superannuation; under the employment being terminated; and (d) The offer of employment by the person acquiring the business or part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either; •  In the same or similar capacity as that in which the employee was employed by the employer; or •  In any capacity that the employee is willing to accept.

Technical Redundancy. If the Where an employee’s employment is being terminated because by the Institute by reason only of the sale or transfer of the whole or part of the employer’s business, its business nothing in this or any other agreement shall require the employer Institute to pay compensation for redundancy to the employee if if: (a) the person or organisation acquiring the business business, or the part being sold or transferred: (a) Has : • has offered the employee employment in the business business, or the part being sold or transferred; and (b) Has and • has agreed to treat service with the employer Institute as if it were service with that person and as if it were continuousor organisation; and (cb) The the conditions of employment being offered to the employee by the person or organisation acquiring the business business, or the part of the business being sold or transferred are the same as, or no less favourable than, the employee’s conditions of employment, including: • any service related and redundancy conditions; and • any conditions relating to redundancy; and • any conditions relating to superannuation; superannuation under the employment being terminated; and (dc) The the offer of employment by the person or organisation acquiring the business business, or the part of the business being sold or transferred transferred, is an offer to employ the employee in that business or part of the business either; : • In in the same or similar capacity as that in which the employee was employed by the employer; or • In any in a capacity that the employee is willing to accept.

Technical Redundancy. If the Where an employee’s employment is being terminated because 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 the if: 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 (c) The 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 's conditions of employment, including: • any : (i) Any service related conditions; and • any and (ii) Any conditions relating to redundancy; and • any and (iii) Any conditions relating to superannuation; superannuation under the employment being terminated; and (dc) 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; • : (i) In the same or similar capacity as that in which the employee was employed by the employer; or • or (ii) In any capacity that the employee is willing to accept. The employer and employee will still need to consider the remaining staff surplus options in clause 25.3 before termination without redundancy compensation can be considered.

Technical Redundancy. If the employee’s 's employment is being terminated because 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 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 (c) 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 no less favourable than, the employee’s 's conditions of employment, including: • any service related conditions; and • any conditions relating to redundancy; and • any conditions relating to superannuation; under the employment being terminated; and (d) The offer of employment by the person acquiring the business or part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either; • In the same or similar capacity as that in which the employee was employed by the employer; or • In any capacity that the employee is willing to accept.

Technical Redundancy. If the employee’s 's employment is being terminated because 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 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 (c) 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 or similar as, or and are no less favourable than, the employee’s 's conditions of employment, including: • any service related conditions; and • any conditions relating to redundancy; and • any conditions relating to superannuation; • under the employment being terminated; and. (d) The the offer of employment by the person acquiring the business or part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either; • In in the same or similar capacity as that in which the employee was employed by the employer; or • In in any capacity that the employee is willing to accept.

Technical Redundancy. If the employee’s 's employment is being terminated because 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 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 (c) 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 no less favourable than, the employee’s 's conditions of employment, including: • ⚫ any service related conditions; and • ⚫ any conditions relating to redundancy; and • ⚫ any conditions relating to superannuation; under the employment being terminated; and (d) The offer of employment by the person acquiring the business or part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either; • ⚫ In the same or similar capacity as that in which the employee was employed by the employer; or • ⚫ In any capacity that the employee is willing to accept.

Technical Redundancy. If the Where an employee’s 's employment is being terminated because 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 the if: 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 (c) The 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 's conditions of employment, including: • any : (a) Any service related conditions; and • any and (b) Any conditions relating to redundancy; and • any and (c) Any conditions relating to superannuation; under superannuation Under the employment being terminated; and (d) 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 or similar capacity as that in which the employee was employed by the employereEmployer; or • or (b) In any capacity that the employee is willing to accept.

Technical Redundancy. If the Where an employee’s 's employment is being terminated because 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 the if: 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 (c) The 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 's conditions of employment, including: • any : (a) Any service related conditions; and • any and (b) Any conditions relating to redundancy; and • any and (c) Any conditions relating to superannuation; under superannuation Under the employment being terminated; and (d) 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 or similar capacity as that in which the employee was employed by the employer; or • or (b) In any capacity that the employee is willing to accept.

Technical Redundancy. If the Where an employee’s 's employment is being terminated because 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 the if: 26.1 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 (c) The 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 's conditions of employment, including: • any : (a) Any service related conditions; and • any and (b) Any conditions relating to redundancy; and • any Any conditions relating to superannuation; under superannuation Under the employment being terminated; and (d) 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 or similar capacity as that in which the employee was employed by the employerEmployer; or • or (b) In any capacity that the employee is willing to accept.

Technical Redundancy. If the Where an employee’s employment is being terminated because 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 the if: 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 (c) The 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 's conditions of employment, including: • any : (i) Any service related conditions; and • any and (ii) Any conditions relating to redundancy; and • any and (iii) Any conditions relating to superannuation; superannuation under the employment being terminated; and (dc) 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; • In the same or similar capacity as that in which the employee was employed by the employer; or • In any capacity that the employee is willing to accept.: