Transmission of business. Where a business is transmitted from one employer to another, as set out in clause 4.4 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.
Transmission of business. (a) Where a business is, whether before or after the date of insertion of this clause in the Award. Transmitted from an employer (transmitter) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee:
(i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and
(ii) the period of employment which the employee has had with the transmittor or any prior transmitter shall be deemed to be service of the employee with the transmittee.
(b) In the "Transmission of Business" clause, "business" includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.
Transmission of business. The provisions of this clause are not applicable where the business is transmitted from the employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:
(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or
(b) Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.
Transmission of business. The provisions of this clause of this Division are not applicable where a business is before or after the date of this Agreement, transmitted from the Company (in this subclause of this Division called the “transmitter”) to another Company (in this subclause of this Division called the “transmittee”), in any of the following circumstances:
7.3.1 Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or
7.3.2 Where the employee rejects an offer of employment with the transmittee:
(a) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and
(b) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.
7.3.3 If these provisions would operate unfairly in a particular case the matter may de dealt with under the dispute settlement procedure.
Transmission of business. The provisions of this clause are not applicable where the business is transmitted from the employer (in this subclause called the transmittor ) to another employer (in this subclause called the transmittee ), in any of the following circumstances:
(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or
(b) Where the employee rejects an offer of employment with the transmittee:
Transmission of business. (a) The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:
Transmission of business. 38.1 Any successor, assignee or transmittee to the whole or any part of the business will, on the succession, assignment, or transmission taking place, be bound by this Agreement.
38.2 Further, any corporation that acquires or in any way assumes control of the whole or any part of the business will be bound by this Agreement. However, in the event that the new employer is not informed by the current employer this does not in any way alter the fact that the new employer will be bound by the terms and conditions of the Agreement.
38.3 Where such succession, assignment, transmission or acquisition takes place, it is the responsibility of the current management of Ultrabuild Pty Ltd to inform the new employer that they will be bound by this Agreement. However, in the event that the new employer is not informed by the current employer this does not in any way alter the fact that the new employer will be bound by the terms and conditions of the Agreement.
38.4 Where a succession, assignment, transmission or acquisition of the business takes place, the following conditions must be adhered to by the new employer:
38.4.1 the continuity of the employment of all employees will be treated as being unbroken, so that all employee entitlements (accrued or otherwise) stipulated in the Award, this Agreement or any applicable legislation will be acknowledged by the new employer. Accordingly, the new employer will accept the liability for these entitlements. For example, the new employer will be liable for any accrued long service leave, annual leave or sick leave etc. of an employee.
38.4.2 Further, the new employer accepts that all employee entitlements under the Award, this Agreement or any applicable legislation will continue to accrue as the relevant industrial instrument or legislation requires.
Transmission of business. (a) Where a business is transmitted from an employer (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee:
(i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and
(ii) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.
(b) In clause 3.8.3, “business” includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and “transmission” includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and “transmitted” has a corresponding meaning.
Transmission of business. 34.8.1 Where a business is before or after the date of this Agreement, transmitted from an employer (in this clause called the transmitter) to another employer (in this clause called the transmittee) and an employee who at the time of such transmission was an employee of the transmitter in that business becomes an employee of the transmittee:
(a) The continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and
(b) The period of employment which the employee has had with the transmitter or any prior transmitter shall be deemed to be service of the employee with the transmittee.
34.8.2 In this clause business includes trade, process, business or occupation and includes part of any such business and transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.
Transmission of business. The provisions of this clause are not applicable where a business is after the date of this Agreement, transmitted from the Company (in this sub clause called the transmittor) to another Company (in this sub clause called the transmittee), in any of the following circumstances:
(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or
(b) Where the employee rejects an offer of employment with the transmittee:
(i) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and
(ii) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.
(c) The Commission may vary 20.8(b) if it is satisfied that this provision would operate unfairly in a particular case.
